JA Italy Extension_Redacted 040120.pdf

Justification and Approval for Other than Full and Open Competition Extension of Services, Italy

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

2. Description of Action: Contract SP4520-15-D-0090 was awarded on 22 September 2015 to Ecolfer SRL with an effective date of 1 October 2015. The contract has a 30 month base period. Due to delays in awarding the renewal contract, the contract will be extended six months, resulting in an expiration date of 30 September 2020, with an . The current total estimated

As a result of this proposed action, the

3. Description of Supplies/Services: Work includes the non-personal services for inspection, packaging/repackaging, loading, unloading, containerization, removal, transportation, storage, recycling, reuse, recovery, treatment, and disposal of hazardous and regulated substances from US Military Installations within Italy (in and around the following US military installations: Aviano, Livorno, Naples, Sigonella and Vicenza). Additional services include: expedited removals, Waste Management Services (WMS), Receiving Services, laboratory analysis, preparation of DD Form 1348-1, sampling & analysis for each waste stream and reports and forms, tank cleaning, labels and repackaging services and removal of appliances containing ozone depleting substances from some locations outside the military installations. Infectious, controlled, and radioactive wastes, or mixtures of such wastes with hazardous waste, shall not be included under this contract. Waste disposed under this contract may possibly be contaminated with one or more substances not specifically identified. The removal, transportation, storage, treatment and disposal of wastes offered under this contract are to be performed in accordance with Italian Law and the laws of nations thru which waste may be transited or disposed (if different from the host nation), European Union (EU) and international environmental, safety and health laws and regulations; international agreements and relevant host nation, transit nation, disposal nation, and European Union laws, regulations governing the generation, storage, transportation and disposal/recycling of dangerous goods; and in conformance with industry standards that minimize risks to human health and the environment. These standard laws, regulations, agreements apply not only to the country in which the waste is generated, treated and disposed, but also any transit countries through which the waste is transported. The contractor shall comply with any changes or new requirements identified by the above regulating bodies that should be promulgated during the performance of the contract. These services shall include all necessary personnel, including applicable Subcontractors, 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 Numbers (CLINs).

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 the requirement. 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 six additional months to allow sufficient time to award a replacement contract. The Italy contract requires uninterrupted hazardous waste disposal/management services to meet their mission, and to remain environmentally compliant and safe.

Changes in pre-award requirements 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 SP4520-15-D-0090 would lead to a disruption or mission failure.

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 SP4520-15-D-0090 would lead to a disruption or mission failure. Without contract coverage the area is at a high risk of compliance issues regarding the regulatory storage time limits, as they already have a significant amount of hazardous waste requiring removal. 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.

Removal of such substances from Italy is a complex process governed by the articles of the Basel Convention, an international agreement entered into force in 1992. Among other requirements, the Convention requires that all movement of hazardous and regulated substances be managed by a licensed firm that is adequately insured, legally responsible for ensuring transit/disposal of the substances in accord with Convention requirements, and under contract/legal obligation to arrange for disposal of the substances. As a result, the process for securing the necessary permission of each affected member state it’s lengthy, requiring months of intense coordination with member governments, often with requirements varying by individual country.

As a result, Ecolfer SRL, is uniquely situated to DLA Disposition Services with the required services.

The firm has the necessary expertise and history in performing within the country, would be required to maintain its Basel notifications, is familiar to local government officials within the region, and maintains a network of disposal facilities within Europe. The firm represents DLA Disposition Services best alternative for prompt removal of hazardous and regulated substances from the area.

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 31 March 2020. Ecolfer SRL is the only responsible source that can currently continue to meet the Government’s need for critical hazardous waste removal and disposal services. Ecolfer SRL 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:

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 SP4520-15-D-0090 with Ecolfer SRL.

As listed above, Ecolfer SRL currently has personnel and equipment mobilized to perform the required work during the interim period. Ecolfer 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 violations.

9. Actions Being Taken to Overcome Barriers to Competition: Contracts awarded in 2015 and prior did not properly evaluate the option to extend services under FAR 52.217-8. Subsequently, DLA Disposition Services has corrected their evaluation process by evaluating FAR 52.217-8 during the solicitation phase of the acquisition. A competitive solicitation with the proper evaluation procedures 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.

Michael Kancilja Environmental Support Branch Chief

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.

Melissa Herrick Contracting Officer Acquisition Hazardous Division DLA Disposition Services