Redacted FAR 13-5 Sole Source - Explosive Waste Incinerator.pdf

Version – March 2017 FOR OFFICIAL USE ONLY

Aptim Federal Services, LLC (APTIM), formerly Chicago Bridge and Ironworks (CB&I) Federal Services, LLC and formerly Shaw Environmental, designed, built and installed the equipment in the EWI facility and is the only known source with the knowledge and expertise to perform the equipment maintenance checks, calibration, repair and software update/troubleshooting services within an explosive environment. For the past five years, APTIM has successfully provided maintenance checks, calibration, repair and software update/troubleshooting for the EWI facility. During this time period, APTIM also ensured that the incinerator equipment had all required permits and was kept functioning in accordance with the Department of Environmental Protection (NJDEP) and Environmental Protection Agency (EPA) regulations. As a result, the Government has had numerous NJDEP and EPA inspections without any “notice of violations”.

(b) If this sole source justification were not approved, the Government would be adversely affected. Without these services, the equipment could not be kept functional and updated which could result in NJDEP and EPA violations. Additionally, the Government would expect to incur substantial duplication costs that would not be expected to be recovered through competition as well as incur unacceptable program delays.

The following is the breakdown of the expected duplication costs and unacceptable program delays:

(i) A new contractor would need to review and be able to understand how the software is utilized to operate the entire system. The new contractor would also have to learn how the software algorithms and process parameters for the software were developed. The estimated cost for another contractor to review and understand the software would be approximately

(ii) Another contractor would also need to review and understand how all the pieces of equipment function together as one complete system. The complex system consists of grinders, slurry tanks, continuous air monitors; waste feed equipment, solvent recovery systems, mixers, and software, along with the individual pieces of support equipment. The estimated cost would be

(iii) A new contractor would need to have experience and knowledge working with equipment in explosive environments and would need to obtain all required training and certifications in order to become knowledgeable with all associated regulations. This type of training is not easily attainable due to the rarity of these systems. The estimated time for training/certification would be

(iv) After reviewing and learning the EWI system, trial runs would have to be performed to ensure that a new contractor could provide the necessary support that is needed during full operation. The estimated time for another contractor to conduct trial runs would be

6. Efforts to Obtain Competition: The Contracting Officer shall publish the notices required by FAR 5.201.

7. Actions to Increase Competition: Full and open competition is not practical for at this time for the proposed contract action. APTIM is the only source that currently possesses the requisite level of expertise, experience and familiarity with the current Explosive Waste Incinerator (EWI) at Picatinny Arsenal. The Government continues to conduct market research on an annual basis to determine if market conditions have changed. Any future procurement of these services would be met either through full and open competition or justification for other than full and open competition.

8. Market Research: In accordance with FAR Part 10, Market Research was conducted by contacting knowledgeable people in Government and industry, querying Government databases (FPDS-NG, PPRIS, CPARS, GSA, FedBizOpps, and SBPA databases, and internet web searches. The market analysis determined that there were no changes in the market conditions. The following vendors were reviewed for their capabilities:

9. Interested Sources:

a. To date, no other sources have written to express interest in the acquisition.

b. As required by FAR 5.201, a pre-solicitation notice will be posted to the Federal Business Opportunity website (FedBizOpps) and will contain the appropriate rationale for other than full and open competition upon approval of this J&A document. Any proposals received by other than the intended source shall be considered.

10. Other Facts:

a. Procurement History:

Contract Number: W15QKN-12-D-0002 Contractor: Aptim Federal Services, LLC (formerly Chicago Bridge & Ironworks

(CB&I) and formerly Shaw Environmental Award Date: 28 February 2012 Period of Performance: February 2012 to July 2016 Contract Value: $1,493,863 Program: Explosive Waste Incinerator (EWI) Support Services Competitive Status: Sole Source Authority: 10 U.S.C. 2304(c)(1); FAR 6.302-1(a)(2)(ii)(A) and (B) Summary of Paragraph : Picatinny Arsenal engineers and technicians have been receiving on the job training with Shaw Environmental personnel and will continue to do so with this new effort to gain the knowledge and experience in operating the Explosive Waste Incinerator System. Gaining on-the-job training will provide the engineers and technicians with the capability to perform future services in-house and there will be no need for an outside contractor. While Government personnel have received basic training related to EWI, it is not practical to dedicate Government personnel to actively maintain the specialized training and EPA and NJDEP certifications required to independently operate the EWI since hazardous waste incineration is a shrinking field and the level of support needed has declined (intermittent/part-time basis). No previous full and open competition (F&OC) contracts for these requirements were identified.

There were no unusual patterns that were revealed by the procurement history.

11. Technical 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.

13. Fair and Reasonable Cost Determination: I hereby determine that the anticipated cost or price to the Government for this contract action will be fair and reasonable.

This determination will be made using a price analysis and Independent Government Estimate (IGE). As a part of this basis, certified cost or pricing data is not required because the item and/or services being acquired are considered commercial and are not expected to exceed the threshold for obtaining certified cost or pricing data.

14. Contracting Officer Certification: I certify that this justification is accurate and complete to the best of my knowledge and belief.

Approval

Based on the foregoing justification, I hereby approve the procurement of Explosive Waste Incinerator (EWI) Support Services on a sole source basis pursuant to the authority of the Simplified Procedures for Certain Commercial Items, 41 U.S.C. 1901 as implemented by FAR Subpart 13.5, subject to availability of funds, and provided that the services or supplies herein described have otherwise been authorized for acquisition.