N3943017C1941_JA_17C1941.pdf

DEPARTMENT OF THE NAVY

NAVAL FACILITIES ENGINEERING AND EXPEDITIONARY WARFARE CENTER

1000 23RD AVENUE

PORT HUENEME, CA 93043-4301

IN REPLY REFER TO:

JA-18-024

JUSTIFICATION AND APPROVAL

FOR OTHER THAN FULL AND OPEN COMPETITION

1. Contracting Activity.

The requiring activ ity is Naval Facil ities Engineering and Expeditionary Warfare Center (EXWC).

Code EV-3 1, Port Hueneme, CA. The contracting activity is EXWC Acquisitions, Code ACQ72, Port Hueneme. CA.

2. Description of the Action Being Approved.

This Justification and Approval authorizes a bi-lateral modification a contract (resulting from a Broad Agency Announcement) to allow for the late exercise of the contract's first option quantity.

3. Description of Supplies/Services.

In response to a broad agency announcement (BAA) (N39430-l 7-R-720 I) APTIM Federal Services, LLC was awarded contract N39430- I 7-C- I 94 1 for conducting laboratory and field testing of an innovative technology (cometabolic biosparging) for t reatment of the pollutant 1,4 dioxane in groundwater. As is the case of BAAs the contract conta ined two (2) options.

each of which provide for the refinement and further development of the technology described/proposed in the base contract. BAA contracts provide that the options wil l be exercised if the preceding work showed progress in achieving the appropriate milestones and de liverables in a satisfactory manner, and funds are available. The exerc ise of the first option in an amount of $639,057 was due by 15 August 2018. S ince EXWC did not exercise the optio n, the contract expired.

4. Statutory Authority Permitting Other Than Full and Open Competition .

The statutory authority permitting other than full and open competition is I 0 U .S.C. 2304(c)( I), as implemented by FAR 6.302-1. FAR 6.302- 1 permits other than full and open competition when on ly one responsible source and no other suppliers or services will sati sfy agency requirements.

This action constitutes a logical fo llow on to contract for highly specialized services where the award to any other source would result in a substantial duplication of costs that is not expected to be recovered through competition and unacceptable delays in fulfilling the sponsors requ irements.

APTIM was competitively selected for this procurement.

5. Rationale Justifying Use of Cited Statutory Authority.

Under this contract. APTIM provided various services, including s ite characterization and trcatabi I ity tests, that are to be used to eventually test a technology for the treatment of comingled

JA-18-024

N39430- 17-C- 194 1

1,4-dioxane and chlorinated solvents in groundwater at Naval Air Station (NAS) North Is land.

S ignificant experience and expe11ise was gained by APTIM during this initia l contract, involving improved understanding of the new technology and the test site. This included unique interpretations of the interaction of these compounds with native s ite conditions and with the added treatment. Awarding to another contractor would require a duplication of efforts a lready expended in both laboratory and fie ld. This modification will provide for further development of this contractor's unique technological solution developed in the base contract.

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

The Government received a Broad Agency Action (BAA) on 2 1 February 20 17 w ith the title of Evaluation of A Novel Multiple Primary Substrate (MPS) Cometabolic Biosparging Techno logy for In S itu Bioremediation of 1,4-Dioxane and Chlorinated Solvents in Groundwater. The government accepted the proposed BAA and recommended a full proposal, which was also accepted and awarded.

7. Determination of Fair and Reasonable Cost.

The Contracting Officer has previously determined the cost to be fair and reasonable in accordance with FAR Part 15.

8. Actions to Remove Barriers to Future Competition.

Five (5) proposals related to the Environmental Assessment, Restoration, and C lean-up topic were received during the one-year period of the ~q>ad agency announcement was open. The same topic is posted under the current, open, broad agency announcement N39430 I 8S2034.

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 p lanning documents, except as noted here in are complete and accurate to the best of my knowledge and belief.

GAVASKAR.ARUN.R .• Digitally signed by

GAVASKAR.ARUN.R•. --·

Date: 201 8.09.1 O 14:26:55 -07'00'

Arun Gavaskar Project Manager

NAVFAC EXWC. EV-3 1

805-982- 1661

Date

LEGAL SUFFICIENCY REVIEW

I have determined this Justification is legally sufficient.

HALJGHTELIN.CRAI Digitallysignedby

•••• HAUGltTEUN.CRAIG.DWA" 0 G. DWA I N. a l ON: c=US, o=U.S. Government, ou=DoD, ou=PKI, ou=USN.

cn=HAUGHTELIN CRAIG.DWAIN .•••

- Date:2018.09.10 t4·S2:42-07'00'

C raig Haughtelin Counsel

NAVFAC EXWC

805-982-301 1

CONTRACTING OFFICER CERTIFICATION

Date

JA-18-024

N39430- I 7-C- I 94 I

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

VARGAS.SALVAD

OR.RICARDO. .-

Digitally signed by

VARGAS.SALVADOR.RICARD~-~

DN: c=US, o=U.S. Government, ou=DoD, ou=PKI, ou=USN, cn=VARGAS.SALVADOR.RICARD< £ Q Date: 2018.09.1016:00:53-0l'CXr

Salvador Vargas Contracting O fficer, ACQ72 805-982-5095

APPROVING OFFICIAL (NFAS 6.304)

Date

Upon the basis of the above justification. I hereby approve the so licitation of the proposed procureme nt described herein using other than full and open competition, pursuant to the authority of I 0 U.S.C. 2304 (c)(I ).

HEPLER WILLIAM J Digitally signed by

• • HEPLER.WILLIAMJOHN·7··

a a • • OHN. b • Date: 2018.09.1016:02:36-07'00

William J. Hepler Divis ion Director. ACQ72

805-982-3872

Date