JA 22-49_N6247319P4808_Redacted.pdf

DEPARTMENT OF THE NAVY

NAVAL FACILITIES ENGINEERING SYSTEMS COMMAND SOUTHWEST

750 PACIFIC HIGHWAY

SAN DIEGO CA 92132-5190

IN REPLY REFER TO

J&A No. 22-49

JUSTIFICATION AND APPROVAL

FOR USE OF OTHER THAN FULL AND OPEN COMPETITION

1. Contracting Activity.

Department of Navy, Naval Facilities Engineering Systems Command Southwest, Facilities Engineering and Acquisition Division (FEAD) Camp Pendleton, Camp Pendleton, CA.

2. Description of the Action Being Approved.

Request approval for a 4-month extension to the existing Contract Number N6247319P4808, Refuse Collection/Disposal and Recycling Services at Marine Corps Base (MCB) Camp Pendleton and Naval Weapon Station Fallbrook, CA.

3. Description of Supplies/Services.

EDCO Disposal Corporation shall furnish labor, supplies, materials, equipment, transportation, and supervision required to provide Refuse Collection/Disposal and Recycling Services for various locations at MCB Camp Pendleton and Naval Weapon Station Fallbrook, CA. The proposed action will extend the existing contract for four (4) months from October 01, 2022 through January 31, 2023

4. Statutory Authority Permitting Other Than Full and Open Competition.

The statutory authority permitting the use of Other Than Full and Open Competition is Title 10 U.S.C. 3204(a)(1), as implemented by the Federal Acquisition Regulation (FAR) 6.302-1, Only one responsible source and no other supplies or services will satisfy agency requirements.

5. Rationale Justifying Use of Cited Statutory Authority.

The current contract will expire on September 30, 2022. The use of the authority cited in Section 4 above is deemed appropriate to avoid a lapse in service and provide continuity until a new follow-on contract is awarded. The current contract included an option to extend services up to 6 months, FAR clause 52.217-8, but the Agency did not properly evaluate the option at the time of award and thus can no longer utilize it. Additionally, the Agency incurred unexpected delays in the reprocurement process, originally anticipating having a 6-month buffer to extend the services if needed. The follow-on contract will likely be awarded at the end of December 2022 with a performance start date of February 1, 2023. This sole-source extension of services under the existing contract will allow sufficient time to solicit and ensure full funding is available; as of the date of this justification and approval a continuing resolution has not been executed.

Given the timeline of the contract expiration and the fact that the Agency cannot utilize the option to extend services, the incumbent is the only contractor capable of performing uninterrupted service at this time that can fulfill the immediate need at the level of efficiency required by the Government. No other vendor would be able to mobilize without extensive delays due to the magnitude of effort needed for a new contract and the transition after award. The Public Works Department does not have in-house personnel or resources to perform these services.

In the absence of a sole-source contract extension, this critical operation and maintenance services covered under the existing contract at MCB Camp Pendleton and Naval Weapon Station Fallbrook would adversely impact mission readiness and could potentially result in life, health, and safety endangerment to military and civilian personnel. For these reasons, it is crucial that the proposed contract action is approved without further delay.

6. Description of Efforts Made to Solicit Offers from as Many Offerors as Practicable.

Due to the circumstances described in Section 5, it is not practical or in the best interest of the Government to solicit from other sources at this time. EDCO Disposal Corporation is the only known source capable of meeting the Agency’s requirement to perform the immediate need for continued service that will result from this proposed contract extension. This contractor already has the necessary infrastructure established to provide uninterrupted services given the time constraints involved for this extension period. Attempting to transition to a new contractor would require a substantial lead time to begin performing the contract. For these reasons, it is evident that no contractor other than the incumbent would be able to perform this requirement at this time without causing unacceptable delays, disruption in services and unrecoverable duplication of costs. Furthermore, the J&A will be published within 14 days after award in accordance with FAR 6.305.

7. Determination of Fair and Reasonable Cost.

Based on the historical pricing data currently available, the Contracting Officer has adequate information to ensure that the anticipated cost to the Government for this acquisition will be fair and reasonable.

8. Actions to Remove Barriers to Future Competition.

The County of San Diego has a specific list of authorized franchised haulers that can provide Refuse Collection/Disposal and Recycling Services for the new procurement. Therefore, it is anticipated that the follow-on acquisition will be solicited competitively among the nine (9) franchised haulers regulated by the County of San Diego.

J&A No. 22-49

CERTIFICATIONS AND APPROVAL

TECHNICAL/REQUIREMENTS CERTIFICATION

I certify that the facts and representations under my cognizance which are included in this Justification and its supporting acquisition planning documents, except as noted herein are complete and accurate to the best of my knowledge and belief.

Technical Cognizance:

Joel Briggs 760-725-9215

Signature Name Phone No. Date

LEGAL SUFFICIENCY REVIEW

I have determined this Justification is legally sufficient.

Andrew Campos 619-705-5850

CONTRACTING OFFICER CERTIFICATION

I certify that this Justification is accurate and complete to the best of my knowledge and belief.

Jennelyn Peters 619-405-9271

ECHELON IV BUSINESS LINE DIRECTOR

Ashley Blakely 619-726-0812

APPROVING OFFICIAL

Upon the basis of the above justification, I hereby approve the solicitation of the proposed procurement(s) described herein using other than full and open competition, pursuant to the authority of 10 U.S.C.

3204(a)(1).

RENAE A. KVENDRU Date

BRIGGS.JOEL.JA

Y.1167136474

Digitally signed by

BRIGGS.JOEL.JAY.1167136474

Date: 2022.09.26 11:45:22 -07'00'

CAMPOS.ANDR

EW.1514875177

Digitally signed by

CAMPOS.ANDREW.1514875177

Date: 2022.09.26 13:57:44 -07'00'

PETERS.JENNELY

N.B.1233456108

Digitally signed by

PETERS.JENNELYN.B.1233456108

Date: 2022.09.26 14:11:47 -07'00'

BLAKELY.ASHLE

Y.B.1038904953

Digitally signed by

BLAKELY.ASHLEY.B.1038904953

Date: 2022.09.26 14:19:56 -07'00'

KVENDRU.RENAE.A.1

092800535

Digitally signed by

KVENDRU.RENAE.A.1092800535

Date: 2022.09.26 14:57:10 -07'00'