JA PCS Disposal 15 FEB 2024 Redacted.pdf

DEPARTMENT OF THE NAVY

NAVAL FACILITIES ENGINEERING SYSTEMS COMMAND, HAWAII

400 MARSHALL ROAD

JBPHH, HAWAII 96860-3139

IN REPLY REFER TO:

J&A No. 24-09

JUSTIFICATION AND APPROVAL

FOR USE OF OTHER THAN FULL AND OPEN COMPETITION

1. Contracting Activity.

Naval Facilities Engineering Systems Command, Hawaii (NAVFAC Hawaii), Facility Support Contracts (FSC) Division (CON32).

2. Description of the Action Being Approved.

NAVFAC Hawaii intends to award a contract on a sole source basis to Pacific Commercial Services, Inc. (PCS) to provide all services necessary for the disposition of environmental waste generated from three retrograded emergency events, that is stored/staged in the immediate vicinity of 1) ADIT 1 Pearl Harbor, 2) Fuel Oil Reclamation Facility (FORFAC) Pearl Harbor, and 3) John Rodgers – Hickam, Oahu, Hawaii, as detailed below.

3. Description of Supplies/Services.

The contractor is to furnish all labor, supervision, management, tools, materials, equipment, facilities, transportation, incidental engineering and other items necessary for the final disposition of the environmental waste listed below in accordance with all Local, State, and Federal regulations, to include DoD component directives and the terms and conditions of the contract.

A. Location ADIT 1 - Pearl Harbor, Oahu, Hawaii: Perform disposal of 60,000 gallons of a contaminated mixture of water, fuel, and septic liquid stored as Collection, Holding, and Transfer (CHT) product, non-RCRA (Resource Conservation and Recovery Act), generated at Red Hill ADIT 3 and restaged in the vicinity of ADIT 1 Joint Base Pearl Harbor-Hickam (JBPHH). The Contractor is required to provide composite lab testing in support of existing profiled data in preparation for immediate bulk transport operations, and final disposition to an EPA RCRA C certified Treatment, Storage, and Disposal Facility (TSDF) on the mainland, in accordance with the RCRA C landfill regulations in 40 CFR Part 264.

B. Location FORFAC, Buildings 1403 and 1404 - Pearl Harbor, Oahu, Hawaii: Perform disposal of a mixture of water, contaminated with fuel, oil, and Aqueous Film Forming Foam (AFFF). There is a total volume of 98,500 gallons of this water product, of which 20,000 gallons is suspected CHT waste, non-RCRA. The Contractor is required to provide composite lab testing in support of existing profiled data in preparation for immediate bulk transport operations, and final disposition to an EPA RCRA C certified TSDF on the mainland, in accordance with the RCRA C landfill regulations in 40 CFR Part 264.

C. Location John Rodgers Field Site – Hickam Air Force Base (AFB), Oahu, Hawaii: Perform final disposition of 10,880 gallons of non- RCRA AFFF contaminated liquid and excavated contaminated soil and asphalt. Task also includes the decontamination of seven pieces of heavy equipment staged at the John Rodgers field site.

Existing lab reports will function in support of existing profiled data, to enable preparation for immediate bulk transport operations, and final disposition to an EPA RCRA C certified TSDF on the mainland, in accordance with the RCRA C landfill regulations in 40 CFR Part 264.

The total estimated dollar value of this requirement is approximately . Actions 1 and 3 above will be funded by DLA, appropriation 97X4930. Action 2 above will be funded by CNIC, appropriation 17X1804.

Estimated Dollar Value Location Amount

ADIT 1 (ADIT 3-1)

FORFAC (Bldgs 1403/1404) John Rodgers-Hickam (ADIT 6) Total

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)(1), as implemented by FAR 6.302-1.

FAR 6.302-1 permits contracting without providing for full and open competition in situations where services are deemed to be available from only one responsible source and no other services will satisfy agency requirements.

5. Rationale Justifying Use of Cited Statutory Authority.

PCS is the only responsible source that can fulfill the environmental waste disposal requirements described in paragraph three (3) herein.

Task orders for the containment and transport of environmental waste to ADIT 1, FORFAC, and John Rodgers, were issued to PCS under Contract N62742-18-D-1801.

Contract N62742-18-D-1801 expired on 18 September 2023 and, thus, new orders cannot be placed on this expired contract. The need for the disposal of this environmental waste, however, remains. PCS is the only responsible source with immediate knowledge of the disposal requirements for the environmental waste, having performed its containment and transport. Further, PCS has already completed a waste determination per RCRA 262.11 / Hawaii administration rules (HAR) §11- 262.1-3 Amendments to the incorporation of 40 C.F.R. part 262, subpart

A, that will enable an immediate transfer to the TSDF.

In addition, PCS owns storage assets containing the environmental waste to be disposed. Award to a firm other than PCS to dispose of content stored in PCS containers is not feasible.

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

On 31 October 2023, a special notice was issued on SAM.gov for N62478- 24-Q-2675 Environmental Waste Disposition Services, JBPHH, HI. The notice stated that the Government intends to solicit and negotiate with only PCS under the authority of FAR 6.302-1 and requested that all interested parties respond within 15 days after the date of publication of the notice. No responses to the notice were received.

On 30 November 2023, an updated notice was issued on SAM.gov to include the FORFAC requirement with a revised deadline of 7 December 2023. A bid was received from on 1 December 2023. The Contract Specialist responded back informing that the notice was not a request for competitive proposals and thus, its bid would not be considered, and also asked for an explanation of its capabilities to satisfy this requirement. No further response was received from or any other firms. As a result, the Government determined that there are no other interested and qualified parties available to satisfy the agency requirements at this time.

7. Determination of Fair and Reasonable Cost.

The Contracting Officer has determined the anticipated cost to the Government of the services covered by this J&A will be fair and reasonable.

8. Actions to Remove Barriers to Future Competition.

This is a one-time service acquisition. Any and all future requirements will be competed to the maximum extent practicable.

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.

Signature Name (Printed) Date

LEGAL SUFFICIENCY REVIEW

I have determined this Justification is legally sufficient.

CONTRACTING OFFICER CERTIFICATION

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

2/15/2024

2/15/2024

2/16/2024

ECHELON IV COMMANDING OFFICER (NPGI 6.304)

Upon the basis of the above justification, I hereby approve the solicitation of the proposed procurement described herein using other than full and open competition, pursuant to the authority of 10 U.S.C. 2304(c)(1).

22FEB2024