JA FAR Part 6- Final Redact.pdf

Justification Review Document for Other than Full and Open Competition - FAR Part 6

Program/Equipment: Emergency Response Fuel Spill

Authority: 10 United States Code 3204(a)(1) as implemented in Federal Acquisition Regulation 6.302-2(b), This authority applies in those situations where an unusual and compelling urgency precludes full and open competition; and Delay in award of a contract would result in serious injury, financial or other, to the Government.

Amount: $45,256.09

Prepared b1:

Contract Specialist, 1 801h Fighter Wing

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Contracting Officer:

Contracting Officer, 1 80th Fighter Wing

Technical Representative:

Electrical Engineer, Base Civil Engineer, 180th Fighter Wing I_.

Requirements Representative:

Civil Engineering Prime BEEF Manager, I 80th Fighter Wing

Justification and Approval for Other than Full and Open Competition — FAR Part 6

1. Contracting Activity: 180th Fighter Wing, Swanton, Ohio

2. Description of Action: Jet fuel clean-up and removal at location: 1698 N. Huron Rd.

Ste 2, Tawas, Michigan. 1st priority for expediate execution, about 40K sq ft of asphalt parking lot area impacted by spilled fuel needing remediation. About 40K sq ft of gradual absorbent applied to be cleaned up. 2nd priority, -Drainage retention pond remediation —500 sq ft of visible sheen on surface, place booms and suck the visible surface sheen from the detention pond. —1500 linear ft of stormwater pipe remediation from parking lot catch basin to detention pond. Flush and rinse parking lot catch basin and piping from parking lot to retention pond. Then dispose of all hazardous materials.

3. Description of Supplies/Services: This was a letter contract, and the clean-up was done in 3 days and disposal happened in 7 days. The total amount for clean-up and disposal was $45,256.09.

4. Authority Cited: Sole Source, FAR 6.302-2 Unusual and compelling urgency

5. Reason for Authority Cited: The Government would be seriously injured unless the agency is permitted to limit the number of sources from which it considers bid to execute the cleanup and disposal of contaminants. The fuel spill would have further impacted the environment and cost the government significantly more money if the contaminant hadn’t been cleaned up immediately.

Contracting Office researched we went with American Waste INC because they have done contracts with the government and local to the emergency spill. They were able to respond immediately. On 1 Aug we communicated with our CoCo, — it state level and~ from NGB. We got the approval process to do a letter contract. JA will be posted within 30 days after award.

Step 1: Get verbal permission from SCO to do an after-the4act J&A (6.302-2, Unusual and Compelling Urgency) — approved this on 1 Aug. Step 2: We called the vendor (American Waste INC and verify verbally that they have the expertise to do this work and could respond immediately. We asked them how much they would need to get started. We made sure to clarify to not to start work yet. We would send a separate email authorizing them to start. Step 3: funded form 9 was routed and certified on 1 Aug. Step 4: Verified American Waste INC was actively registered in SAM. Step 5: The Contracting Officer, sent out an e-mail to the vendor entering into a purchase order on the aftern~6ñ of 1 Aug. The e-mail directed the vendor to deploy to the site and start work ASAP. Let them know that they are NOT authorized to do work beyond the $30,000 obligated. Include a statement that we’ll require them to provide a final proposal for all the work no later than 2 calendar days after starting and 5 calendar days to get the proposal of the disposal of the waste. They will do testing to see if the material is hazardous or not. Step 6 - will be the COR on-site. Step 7:

Get the final proposal from the vendor by the date specified. Step 8: Negotiate and settle on the final pricing. Step 9: Build the ACWS purchase order and associated contract file documents. Issue formally to the vendor for signature. Step 10: After the purchase order is awarded, put together the J&A JAW Step. We need to post this within 30 days.

6. Efforts to Obtain Competition: The proposed action is made under unusual and compelling urgency (see FAR 6.302-2) and the Government would be seriously injured (as described above) if the agency sought competition. As such, no additional efforts were made to obtain competition. The Government will examine any additional non unusual and compelling urgency electrical work on a case-by-case basis and compete to the maximum extent practicable.

7. Actions to Increase Competition: Due to the unusual and compelling urgency of the requirement, no action was taken to increase competition. The Government will endeavor to conduct ongoing market research to develop a pool of qualified vendors should something like this occur again, so that quotes/competition may be obtained under the Simplified Acquisition Procedures to the maximum extent practicable.

8. Market Research: American Waste Inc. has BPA with U.S. Coast Guard, and the contract number is: H5CG8416AG00035. The vendor is local has all the necessary equipment and can respond quickly.

9. Interested Sources: This action was not synopsized in accordance with the exception under FAR 5.202(a)(2). However, in accordance with FAR 13.501(a)OH), the Government will make this Justification available within 30 days after contract award.

10. Other Facts: N/A

11. Technical 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.

Signature: Date: 23 Oct 2024

Typed Namea Title: Base Civil Engineer

12. Requirements Certification:

I certify that the supporting data under my cognizance, which are included in the justification,1 accrr~te and complete to the best of my knowledge and belief.

Signature: r — 1Date: 23 Oct 2024— 1

Typed Name Title: Civil Engineering Prime BEEF Manager

13. Fair and Reasonable Cost Determination:

I hereby determine that the anticipated cost to the Government for this contract action will be fair and reasonable.

Price reasonableness determination is required by FAR 13.106- 3(a)(2)(vi) using independent Government cost estimate (IGE) (historical information) with comparison to IGE $30,000.00 not included is proper disposal, Coast Guard Contract $32,000.00 similar purchases and negotiations price of $45,256.09 received from American Waste Inc. dba GFL Environmental Services and revised Government IGE $44,580.00.

The IGE was prepared b~ who is the Civil Engineer Commander and was approved_byi 9, who is our Environmental Engineer. They consulted

__________j?En State in Ohio - the most experienced environmental person in the state. He referenced environmental contracts in Ohio to help justify the IGE price point.

Signature ~3ate: 23 Oct 2024 Typed Name - Title: Contract Specialist

14. Contracting Officer Certification:

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

Signature: rDate: 23 Oct 2024 Typed Name: Title: Contracting Officer

Approval

Based on the foregoing justification, I hereby approve the procurement of Emergency Fuel Spill cost of $45,256.09 on an other than full and open competition basis pursuant to the authority of 41 U.S.C. 1901 as implemented by FAR 13.501, subject to availability of funds, and provided that the services and property herein described have otherwise been authorized for this acquisition.

ISignature: ~Date: 230CT2024 Typed Nam’ Title: Chief of Contracting Office