JA 26F0266 Redacted.pdf

DEPARTMENT OF THE NAVY

NAVAL FACILITIES ENGINEERING SYSTEMS COMMAND SOUTHEAST

JACKSONVILLE, FL 32212-0030

J&A No. N69450-26-0507

JUSTIFICATION AND APPROVAL

FOR USE OF OTHER THAN FULL AND OPEN COMPETITION

1. Contracting Activity:

Naval Facilities Engineering Systems Command Southeast (NAVFAC SE), Jacksonville, Florida. The requiring activity is Commander Navy Region Southeast (CNRSE) and 2nd

Marine Expeditionary Force (II MEF).

2. Description of the Action Being Approved:

The action being proposed under this Justification and Approval (J&A) is a sole source task order award to Enhanced Environmental & Emergency Services, Inc. (E3), 1018 Industrial Park Drive, Clinton, MS 39056, under U.S. Coast Guard (USCG), Basic Ordering Agreement (BOA) 70Z08424GNEWO0003 in order to perform emergency support actions related to a AV-8B aircraft mishap at José Aponte De la Torre Airport, Ceiba PR.

3. Description of Supplies/Services:

The proposed award shall prepare associated reports and provide all labor, material, equipment, and supervision related to the aircraft mishap to conduct site evaluation, emergency removal actions, time-critical remedial actions, property restoration services, consolidation and relocation of debris as needed, and provide necessary supplies. Urgency is necessary to prevent fuel leaks and other damage to the surrounding area. Additionally, the engine team needs the aircraft moved into a hangar to determine the mishap cause.

The work to be provided under this award includes:

a) Initial site visit to assess the incident.

b) Evaluating potential safety hazards and developing mitigating controls.

c) Establishing an incident command post.

d) Identifying exclusion, contaminant reduction, and support zones.

e) Establishing staging areas.

f) Decontamination of personnel and equipment, as appropriate.

g) Medical monitoring of response personnel, as necessary.

h) Delineation of contaminated water and soil.

i) Removal and/or excavation of contaminated water, soil and aircraft contaminants, as necessary.

j) Disposal of contaminated water, soil and aircraft components, as necessary.

k) Collection of water and/or soil samples to confirm completion of satisfactory remedial actions.

l) Supporting consolidation, packaging, and transport of aircraft debris to appropriate temporary storage or final disposal locations/ landfills without risk of spreading contamination.

m) Providing site security to protect critical aircraft components.

n) Providing emergency response supplies.

o) Restoration of natural elements affected pre-existing conditions.

p) Report preparation describing and documenting all actions conducted.

Estimated Dollar Value

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

The statutory authority permitting other than full and open competition is 10 U.S.C § 3204 (a)(2) Unusual and Compelling Urgency. FAR 6.103-2 indicates that when the agency’s need for the supplies or services is of such urgency that the Government would be seriously injured unless the agency is permitted to limit the number of sources from which it solicits bids or proposals full and open competition need not be provided for.

Environmental emergency response efforts are regulated by applicable Federal On-Scene Coordinators (FOSC’s) under 40 CFR 300 along with Commonwealth and local On-Scene Coordinators under Commonwealth and local regulations. OPNAV M- 5090.1E further specifies the use of USCG BOA contractors to support emergency response actions under the Navy / Federal On-Scene Coordinator (Navy OSC / FOSC) program.

5. Rationale Justifying Use of Cited Statutory Authority:

This approval is being sought to provide emergency environmental response actions related to an AV-8B aircraft mishap at José Aponte De la Torre Airport, Ceiba PR. Time is of the utmost importance to prevent serious injury to the Government by mitigating potential effects from property damage, hazardous materials, and media attention. The site has not yet been inspected and many factors are unknown. The scope has not been developed but the possible contamination poses adverse health, environmental, and mission impacts.

Sufficient time to negotiate a task order is not available. Definitization will be made by issuance of a firm fixed price task order under US Coast Guard Basic Ordering Agreement (USCG BOA) 70Z08424GNEWO0003. The USCG BOA unit costs are also significantly lower than typical commercially available emergency response rates. These expenses are similar to scheduled (non- emergency) environmental services labor and equipment rates versus unscheduled, emergency response rates. Contractors on these BOA’s rely on the high volume and large scope of incidents typically awarded by the Federal government to support the reduced rates.

The USCG maintains a list of vetted, approved contractors that routinely demonstrate an ability to respond to urgent environmental incidents in a timely manner; have a vast inventory of response equipment in storage and/or readily accessible for immediate deployment; have a labor force trained to deal with environmental emergency response issues; and has authorized CNIC/NAVFAC to utilize these contractors through USCG

BOA’s. There are a limited number of USCG approved contractors within the AOR that have these capabilities and fewer that have the appropriate training and necessary certifications to handle both oil and hazardous substances simultaneously. Environmental emergency response is a niche field requiring unique and specialized knowledge, skills and abilities. Contractors on the USCG BOA have these qualifications. This incident involves the release of both oil and hazardous substance pollutants posing a risk of environmental and public health impacts.

The CNRSE OSC maintains a list of USCG approved contractors in the AOR within the CNRSE OSC Plan. This is a subset of the overall list of USCG approved contractors within the CONUS and identifies those capable of handling OHS incidents. E3 is one of the contractors approved by the USCG; a designated service provider identified in the CNRSE OSC Plan; and capable of OHS incidents. Further, E3 is one of the largest approved contractors in the AOR with offices, equipment, and personnel located throughout the southeastern United States and capable of a timely response. E3’s ability to respond immediately to incidents; their extensive inventory of equipment; and vast staff to support the extended response manpower needs typical of mishaps (e.g. 4-6 weeks) with specialized training applicable to OHS incidents is essential for a time critical response. In addition, E3 has demonstrated, successful experience responding specifically to military aircraft mishaps for the U.S. Navy, USMC, and has affiliations with numerous organizations with additional, specialized capabilities commonly encountered during environmental emergency response incidents. As a result, they are already familiar with the types of wreckage, hazards, contaminants, and site-specific requirements for this response.

Their past experience enables their response to be more efficient and provides unique qualifications that other contractors would not possess. This direct experience is indispensable not only for safe and efficient actions, but also for ensuring an adept environmental response. Other USCG approved contractors do not have both oil and hazardous substance response capabilities; cannot respond in a timely manner; do not have similar equipment resource capabilities; are not large enough to support the extended response manpower needs typical of mishaps (e.g. 4-6 weeks); are not approved to provide services within District 7; do not possess additional, specialized services similar to E3’s network; do not have the specialized experience required to respond to the unique hazards associated with military aircraft mishaps; and/or do not have the pre-existing, historical knowledge and experience specific to this aircraft mishap. The nature of the oil and hazardous substance release, urgency for immediate clean-up, and need to support the immediate relocation of the aircraft wreckage to a secure government facility is time critical.

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

Due to the unusual and compelling nature of this requirement, offers will not be solicited from other sources. This is an emergent requirement. The USCG BOA is the U.S. Navy’s predesignated contracting mechanism for OHS incident response. Environmental emergencies cannot be planned nor programmed. As a result, it is not practical to solicit and develop an unfunded, future requirement that cannot be anticipated. The USCG BOA was solicited by full and open competition. Use of the USCG BOA is specified in OPNAV M-

5090.1E and the CNRSE OSC Plan; as well as, identified in every emergency management and environmental media management spill contingency plan across the AOR.

In accordance with FAR 5.101(b)(2), synopsis of this proposed contract action is not required as award will be made under the conditions prescribed in FAR 6.103-2.

7. Determination of Fair and Reasonable Cost:

The NAVFAC SE Project Manager has determined that the anticipated cost to the Government of the supplies/services covered by this J&A will be fair and reasonable by evaluating the labor and material costs to perform similar aircraft mishap related emergency response actions in the past within the CNRSE AOR. The Contracting Officer will determine the price negotiated for this modification to be fair and reasonable pursuant to FAR part 15.4.

8. Actions to Remove Barriers to Future Competition:

This is an emergent requirement. The USCG BOA is the U.S. Navy’s predesignated contracting mechanism for OHS incident response. Environmental emergencies cannot be planned nor programmed. As a result, it is not practical to solicit and develop an unfunded, future requirement that cannot be anticipated. The USCG BOA was solicited by full and open competition. Use of the USCG BOA is specified in OPNAV M-5090.1E and the CNRSE OSC Plan; as well as, identified in every emergency management and environmental media management spill contingency plan across the AOR.

CERTIFICATIONS AND APPROVALS

9. 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.

10. LEGAL SUFFICIENCY REVIEW

I have determined this Justification is legally sufficient.

11. PROCURING CONTRACTING OFFICER CERTIFICATION

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

12.APPROVING OFFICIAL (NFAS 6.304)

Upon the basis of the above justification, I hereby approve the action described herein using other than full and open competition, pursuant to the authority of 10 U.S.C §