JA 2 Months_Clarke_20Mar23.pdf

CUI

Controlled by: DLA Disposition Services (PH) CUI Category: SSEL Distribution/Dissemination Controls: FED ONLY POC: hazardouscontractseast@dla.mil

CUI

SOURCE SELECTION INFORMATION SEE FAR 2.101 AND 3.104

Justification and Approval for other than Full and Open Competition Extension of Services, Watervliet

1. Contracting Activity: DLA Disposition Services, J-76

2. Description of Action: Contract SP4500-18-D-0005 was awarded on 13 March 2018 to West Central Environmental Corp. (WCE) with an effective date of 03 April 2018. The contract has a 30-month base period and one 30-month option period. Due to delays in awarding the renewal contract, the contract will be extended 2 months, resulting in an expiration date of 02 June 2023 with an estimated total increase of $199,167.45. The current total estimated value of the contract is $5,880,680.40. As a result of this proposed action, the estimated total value of the contract will increase by $199,167.45 for a total of $6,079,847.85.

3. Description of Supplies/Services: Work will consist of the removal and disposal of Government generated hazardous and non-hazardous wastes located on the Watervliet Arsenal in Albany County, in the state of New York. The contractor will provide all services necessary for the transportation, final treatment, disposal, and/or recycling of the items listed in the schedule in accordance with (IAW) all local, state, and federal laws and regulations, and the terms and conditions of this contract. These services shall include all necessary personnel, including applicable Sub-Contractors, labor, transportation, equipment, and the compilation and submission of all documentation required by this contract. All items, regardless of the condition, are being discarded by the Government and will require recycling or disposal as identified via the ordered Contract Line-Item Number (CLIN).

4. Authority Cited: 10 U.S.C.2304(c)(1), Only one responsible source and no other supplies or services will satisfy agency requirements as authorized by FAR 6.302-1.

5. Reason for Authority Cited: 10 U.S.C. 2304(c)(1), as implemented by FAR parts 5.202(a)(11) and 6.302-1, Only one responsible source and no other supplies or services will satisfy agency requirements is cited. Not extending the services would cause unacceptable delays in fulfilling the Government’s requirement for these services. See 10 U.S.C. 2304(c)(1) or 41 U.S.C. 3304(a)(1). The proposed contract modification will be issued pursuant to the authority of FAR 52.217-8, Option to Extend Services, which is included in the current contract.

The Government has a need to extend the contract by two additional months to allow sufficient time to award a replacement contract. The replacement contract will be awarded as a 100% small business set-aside.

The generators require uninterrupted hazardous waste disposal/management services to meet their mission, and to remain environmentally compliant and safe. A new solicitation for this action would require a longer period of time to provide the services required and would result in a break in service for the customer. A break in service would result in serious financial injury to the Government. Any disruption to the services currently being performed under contract SP4500-18-D-0005 would lead to a disruption or mission failure. Without contract coverage the area is at a high risk of compliance issues mailto:hazardouscontractseast@dla.mil http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3

SOURCE SELECTION INFORMATION SEE FAR 2.101 AND 3.104

regarding the regulatory storage time limits, as they already have a significant amount of hazardous waste requiring removal. These are critical services, as no hazardous waste products may exceed ninety

(90) calendar days total storage time period for shipment to an off-site disposal facility. If the ninety

(90) calendar day regulatory timeframe is exceeded, the installation may be subject to fines up to $37,500.00 per day per individual location by the Environmental Protection Agency (EPA). In addition to storage issues the area would be at risk of not being able to immediately respond to spills, which could lead to environmental issues, fines, and higher cleanup/remediation costs.

6. Efforts to Obtain Competition: It is not practical, nor in the Government’s best interest, to award a bridge contract for the interim period between the end of the current contract and the award of the follow-on procurement. The process does not allow sufficient time to acquire services for the interim period. Given the current procurement lead time it is not possible to award the replacement contract or a short-term bridge contract prior to 02 April 2023. WCE is the only responsible source that can currently continue to meet the Government’s need in a timely manner for critical hazardous waste removal and disposal services. WCE is the incumbent contractor, and already has personnel and equipment mobilized to perform the required work during the interim period. Transferring this work to another contractor would incur substantial duplication of cost and adversely impact required performance timeframes.

7. Price/Cost Consideration: The extension will be at the rates specified under the second option period of the contract. The prices were competed and evaluated at the time of award. The prices were solicited, evaluated, and determined to be fair and reasonable. An informal analysis indicates that there are no changes in the economy that would lead to substantially lower pricing.

8. Market Research: It is determined that a market survey is impractical, as it would not generate any additional sources capable of satisfying the requirements within the urgent time extension required. In addition, a new IDIQ contract will replace the current contract SP4500-18-D-0005 with WCE. As listed above, WCE currently has personnel and equipment mobilized on the ground to perform the required work during the interim period. WCE has the knowledge and experience required to maintain uninterrupted hazardous waste services. Transferring this work to another contractor would incur substantial duplication of cost and adversely impact the requirement performance timeframes. Any disruption in the current performance timeframes could adversely affect the mission and could put this at risk of EPA storage violations. No hazardous products may exceed ninety (90) calendar days; total storage time prior to shipment to an off-site disposal facility. If the ninety (90) calendar days; regulatory timeframe is exceeded, the installation may be subject to fines up to $37,500.00 per day.

9. Actions Being Taken to Overcome Barriers to Competition: A replacement solicitation as a 100% small business set-aside is in process and will be awarded as soon as practicable.

10. Other Facts: N/A

11. Requirements Certification: I certify that the supporting data under my cognizance which are included in the justification are accurate and complete to the best of my knowledge and belief.

SOURCE SELECTION INFORMATION SEE FAR 2.101 AND 3.104

Mignon Clarke Environmental Protection Specialist

12. Contracting Officer Certification: I certify that this justification is accurate and complete to the best of my knowledge and belief. I certify that the supporting data under my cognizance, which are included in the justification, are accurate and complete to the best of my knowledge and belief.

Approval

Based on the foregoing justification, I hereby approve the procurement of a 52.217-8 Extension of Hazardous Waste Services on an other than full and open competition basis pursuant to the authority of 10 U.S.C. 2304(c)(1), subject to the availability of funds, and provided that the services and property herein described have otherwise been authorized for acquisition.

Stephen Ngotho Contracting Officer Acquisition Hazardous Division DLA Disposition Services