Limiting Competition under SAT ACC - 20-Q-5252 75 DAY EMERGENCY SIGNED_Redacted.pdf

Control No:

Memorandum for Record – Limiting Competition at or below the Simplified Acquisition Threshold

1. Contracting Activity: Army Contracting Command – New Jersey, Warfighter Support Division (CCNJ-WS), Joint Base McGuire-Dix-Lakehurst, NJ 08640

2. Description of Action:

Nature: New Requirement Follow-on Requirement

Contract Vehicle: Purchase Order No: To Be Determined, Sol. No: W15QKN- 20-Q-5252

Blanket Purchase Agreement (BPA) Number _______________

Order/BPA _______ against FSS Contract _____ _________

Order ___________ against Multiple Award IDIQ Contract Name or Order _______ against a single award IDC Contract

Modification _______ to existing PO/TO/DO/Call Order

Type: Fixed Price Time & Materials/Labor Hours Pricing/Contract

Cost Reimbursable

Funds: Operations & Maintenance, Army (OMA) Other Funds: OMA, Reserve

FY: 2020

Name of Proposed Contractor(s) and Address:

Brand Name Buy: Yes No

3. Description of Services or Supplies: The U.S. Army Contracting Command – New Jersey has an Urgent requirement for Wastewater Treatment at the Big Bend USARC, RR#1 Box 174, Big Bend, WV 26136-9724. Services are required for 75 days to maintain, test and provide such wastewater treatment at the Wastewater Treatment Plant.

For Actions without Options:

Hybrid

Period of Performance: 75 Calendar days from date of award.

Total Value Not-to-Exceed:

4. Authority:

FAR 13.106-1(b)(1): For purchases not exceeding the simplified acquisition threshold (SAT), only one source reasonably available, urgency, exclusive licensing agreements, brand name, or industrial mobilization.

Or

FAR 8.405-6(a)(1)(i)(B) and 8.405-6(b)(1)Brand Name

FAR 8.405-6(a)(1)(i)(A) Urgency

FAR 8.405-6(a)(1)(i)(B) Only One Source is Capable

FAR 8.405-6(a)(1)(i)(C) Logical Follow-on

Or

FAR 16.505(b)(2)(i)(B) Only One Awardee is Capable

FAR 16.505(a)(4) Brand Name

FAR 16.505(b)(2)(i)(A) Urgency

FAR 16.505(b)(2)(i)(C) Logical Follow-on

FAR 16.505(b)(2)(i)(D) Minimum Guarantee

5. Reasons for Authority Cited:

Due to an unusual and compelling urgency, the Government must make an emergency award directly to for Wastewater Treatment at the aforementioned facility.

The 99th Readiness Division (RD), Department of Public Works (DPW) holds a Discharge of Sewage Permit (Number WV0103110) in the state of West Virginia which governs the maintenance, testing and treatment of wastewater. The customer requires 75 days of services in order to prevent contamination of wastewater. Contamination would be a violation of the Discharge of Sewage Permit, and the Clean Water Act, resulting in a fine of not less than nor more than per day of violation, or by imprisonment for not more than 1 year, or both by the state of West Virginia.

To prevent such significant monetary fines and wastewater contamination, this requirement must be awarded with an effective date of 29 May 2020 which is seven (7) days from the date of this justification. The Procurement Action Lead Time (PALT) for this value and type of action is 45 calendar days. Therefore, there is not enough time to procure services under normal conditions due to the lack of time and risk of significant monetary fines from the state of West Virginia.

Procuring services under the Urgency of FAR 13.106-1(b)(1) is the only feasible method of procurement. was identified by the customer as the only know sources of providing such services. No additional market research was conducted as the Government identified as a responsible contractor located in close proximity to the facility who is willing and capable of performing the requirements of this emergency Performance Work Statement. Furthermore, the Contracting Officer confirmed that is a responsible offeror within the definition of FAR 9.104 standards.

Should this Urgent requirement for Wastewater Treatment at the Big Bend USARC not be performed by the 99th RD, DPW would be fined by the state of West Virginia due to violation of the permit requirements of maintaining the quality level of wastewater.

6. Publicizing Contract Actions: For FAR Part 13 actions, the public display and synopsis requirements of FAR 5.101 and FAR 5.203 do not apply due to the $ threshold, apply and will be followed, or do not apply due to an exception at 5.202(a)(2), for purchases conducted using simplified acquisition procedures, if unusual and compelling urgency precludes competition

Requirement to post justification in accordance with FAR 8.405-6(b)(3), FAR 13.105(c), or FAR

16.505(a)(4)(iii)(A)

Action is NOT a brand name restriction and is under $150K, no posting required

Action is a brand name restriction, under $25K, no posting required

Action is a brand name restriction, over $25K. It will be redacted and posted with the solicitation.

Action is a brand name restriction over $25K but will not be posted due to exception:

FAR 6.305(f)

FAR 8.405-6(b)(3)(iii)(A) FAR 8.405-6(b)(3)(iii)(B)

FAR 8.405-6(b)(3)(iii)(C)

FAR 16.505(a)(4)(iii(C)

7. Market Research:

Due to the unusual and compelling urgency, the need for Wastewater Treatment at the Big Bend USARC must be awarded to a capable vendor immediately to avoid violating the Discharge of Sewage Permit. The Regional Facilities Operations Specialist, , contacted the only presently know sources of providing Wastewater Treatment services. The RFOS determined that is fully capable of performing the requirements of this Performance Work Statement.

The Contacting Officer confirmed has no negative past performance records in the Federal Awardee Performance and Integrity Information (FAPIIS) or negative Assessment Reports. is registered in the System Award

Management (SAM) database, containing no active exclusions and is otherwise qualified and eligible to receive an award. Furthermore, contains the necessary minimum Wastewater License required to perform services in the state of West Virginia.

Due to the unusual and compelling urgency of this requirement, the Government did not perform any additional market research as the Contracting Officer found to be within close proximity to the facility and is determined responsible IAW FAR 9.104,.

8. Other Facts: Not Applicable

9. Technical/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.

Regional Facility Operations Specialist

10. Contracting Officer Certification/Approval:

I hereby determine that the anticipated cost or price to the Government for this contract action will be fair and reasonable based upon price analysis techniques set forth at FAR 13.106-3(a)(2)(vi), comparison of proposed pricing to the Independent Government Estimate.

I certify that this justification is accurate and complete to the best of my knowledge and belief, and that completing this purchase as a sole source is in the best interest of the Government. Additionally, I approve this justification to limit competition subject to the availability of funds and provided that the services or supplies herein described have otherwise been authorized for acquisition.