JA Redacted.pdf

J&A NO. J&A6.302-1-212012

DEPARTMENT OF THE NAVY

NAVAL RESEARCH LABORATORY

4555 OVERLOOK AVE SW

WASHINGTON, DC 20375-5320

REPLY REFER TO:

J&A No.: J&A6.302-1-212012 14 Dec 20

JUSTIFICATION AND APPROVAL

FOR USE OF OTHER THAN FULL AND OPEN COMPETITION

1. Identification of Agency and Contracting Activity.

Naval Research Laboratory, 4555 Overlook Avenue, SW, Washington, DC 20375-5000.

2. Nature/Description of Action.

This J&A request seeks approval to modify Contract N00173-17-C-2012 by increasing the value of CLIN 3003 by $204K from $169K to $373K. The CLIN increase is required to support disposal of hazardous wastes due to surge in the fire testing activities that was not anticipated at the time of the original contract award. This is critical for continuity of support for disposal and incineration of highly toxic chemical waste accumulated after fire testing research operations.

3. Description of Supplies/Services.

Naval Research Laboratory (NRL) Code 3500 requires additional support from Clean Harbors Environmental Services, Inc. (Clean Harbors) to dispose of hazardous chemical waste generated at the NRL during Research and Development (R&D) testing surge at the Chesapeake Beach Detachment (CBD) location. The following within scope contract support services/supplies are required to support disposal of Aqueous Firefighting Foam (AFFF) hazardous wastes generated by Code 6100 during its fire testing at the CBD location.

specialized incineration of the highly toxic AFFF wastes. Of the three companies, only Clean Harbors has a facility that is located in close proximity to the NRL, DC and the CBD location.

If this additional support is competed as its standalone contract, it will create a substantial duplication of cost to the Government that is not expected to be recovered through competition.

Furthermore, the procurement effort for the additional support will create unacceptable delays in the upcoming fire testing scheduled for January and February 2021. The acquisition process to award a new contract will take a minimum of 120 days. The delay will cause a stoppage in the planned firefighting R&D testing, impeding the advancement of firefighting techniques to prevent and fight fires aboard naval vessels, and ultimately putting sailors and Marines lives at higher risk.

6. Description of Efforts to Ensure Other Potentials Sources Were Sought.

The performance by other contractors is not feasible based on rationale provided in paragraph 5 above. In accordance with requirements of FAR Subpart 5.2, a notice will be published to beta.sam.gov announcing the Government’s intent to negotiate a modification to the Contract N00173-17-C-2012 exclusively with Clean Harbors Environmental Services, Inc. Any response to the notice will be reviewed.

7. Determination of Fair and Reasonable Cost.

The Contracting Officer has determined that the anticipated cost to the Government of the supplies/services covered by this J&A are fair and reasonable through the use of price analysis and/or cost analysis under FAR 15.404-1.

8. Description of Market Research.

FAR 10.001(a)(2) indicates that market research appropriate to the circumstances must be conducted. This J&A request seeks approval to change the contract based on the Government’s determination that this is the most efficient and least costly method of procuring additional support required to dispose the hazardous waste. As such, no further market research was conducted for this requirement.

9. Any Other Supporting Facts.

A break in support will hamper NRL Code 6100 planned R&D effort into advancement of firefighting techniques to reduce fire risks onboard naval vessels.

10. Listing of Interested Sources.

Not Applicable

11. Actions Taken to Remove Barriers to Competition.

No action is currently taken to remove barrier. The proposed change to the contract is to support waste disposal caused by surge in testing activity that was not initially projected at contract award back in 2017. After the ultimate expiration of this contract, it is the Government’s intent to compete the follow-on contract on a full and open competition basis.

12. Statement of Delivery Requirements.

The Contractor will continue to deliver the required deliverable under current contract terms.

13. Reference to the Approved Acquisition Plan (AP) or Equivalent Documentation.

The AP was approved prior to award of the contract. There is no requirement for the AP to be amended for supplemental changes to the contract.

14. Explanation of all actions attempted to make the immediate acquisition competitive and the cost /benefit analysis reflecting costs associated with obtaining competition and anticipated benefits.

As stated in paragraph 5 above, the proposed change order to Contract N00173-17-C-2012 is the most cost efficient method to support the additional need for waste disposal, without creating a substantial duplication of cost to the Government, and unacceptable delay in support. It is unrealistic and not in the best interest of the Government to expend resources on making the immediate acquisition competitive.