Redacted JA ML-23-45 OWS IWTP Cherry Point.pdf

DEPARTMENT OF THE NAVY

NAVAL FACILITIES ENGINEERING SYSTEMS COMMAND, MID-ATLANTIC

9324 VIRGINIA AVENUE

NORFOLK, VIRGINIA 23511-3095

JUSTIFICATION AND APPROVAL

J&A No. ML 23-45 02 March 2023

FOR USE OF OTHER THAN FULL AND OPEN COMPETITION

1. Contracting Activity: Department of the Navy, Naval Facilities Engineering Systems Command, Mid-Atlantic, Facilities Engineering & Acquisition Division (FEAD), Marine Corps Air Station (MCAS) Cherry Point, North Carolina.

2. Description of the Action Being Approved: Award of a one-year extension to N40085-18-D- 700 l, Clean Oil Water Separators (OWS) and Industrial Wastewater Treatment Plant (IWTP) Sludge Removal at MCAS Cherry Point, North Carolina.

3. Description of Supplies/Services: The contractor shall provide labor, management, supervision, tools, material, and equipment to clean oil water separators and provide industrial wastewater treatment plant sludge removal at MCAS Cherry Point, North Carolina. The one-year period will be effective from 21 March 2023 to and including 20 March 2024 with an estimated value of Redacted( Redacted recurring services, Redacted non-recurring services). The bridge will be funded using FY23 Operations and Maintenance, Navy, (O&M,N) funding.

4. Statutory Authority Permitting Other Than Full and Open Competition: l O U.S.C. 3204(a)(2), (formerly 10 U.S.C. 2304(c)(2)); FAR 6.302-2, Unusual and compelling urgency. Contracting without providing for full and open competition under this acquisition may be accomplished pursuant to the authority of IO U.S.C. 3204(a)(2) of the Federal Acquisition Regulation 6.302-2, Unusual and Compelling Urgency. The agency's need for these services is of such an unusual and compelling urgency that the Government would be seriously injured unless the agency is permitted to limit the number of sources from which it solicits bids or proposals and waive synopsis requirements pursuant to FAR 5-202(a)(2).

5. Rationale Justifying Use of Cited Statutory Authority: The use of the authority cited in Section 4 is deemed appropriate due to the unusual and compelling need for services to Clean Oil Water Separators and Industrial Wastewater Treatment Plant Sludge removal at the Marine Corps Air Station, Cherry Point, North Carolina. Ongoing industry changes associated with Perand polyfluoroalkyl substances (PF AS disposal) in the OWS and the production processes associated with the F35 program caused delays in finalizing the perfonnance work statement. As such and during the fourth option period of the current contract, additional hazardous waste codes were created concerning IWTP sludge disposal denials at Treatment, Storage, and Disposal Facilities (TSDF). The additional IWTP Sludge disposal hazardous codes were not identified until the TSDF's denial acceptance of the sludge, resulting in additional searches for new TSDFs that accepted the hazardous codes associated with the IWTP sludge. While the requirements package was finalized and provided for solicitation in October 2022, it was not