Redacted Justification SP450016D0004 Extension.pdf

Justification and Approval for other than Full and Open Competition Extension of Services, SP450016D0004 San Antonio, TX

The contracting officer has determined the need for hazardous waste removal, transportation, and disposal services in and around San Antonio, TX 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. The use of such action shall be justified in writing. As a minimum, each justification shall include the following information (ref. FAR 6.303‐2(b)):

(1) AGENCY, CONTRACTING ACTIVITY, AND DOCUMENT: DLA Disposition Services, Hazardous Waste Disposal

Contracting, “Justification for other than full and open competition”.

(2) DESCRIPTION OF ACTION BEING APPROVED: A two‐month extension to contract SP450016D0004, which was awarded with an 18‐month base period and two 18‐month option periods, is being approved. The contract modification will be issued pursuant to the authority of FAR 52.217‐8, Option to Extend Services, which is included in the contract, for an additional two‐month period from 25JUN2020 to 24AUG2020.

(3) DESCRIPTION OF THE SERVICES REQUIRED (INCLUDING ESTIMATED VALUE): Work will consist of the removal, transportation and disposal of RCRA hazardous wastes, non‐RCRA wastes, State‐Regulated wastes, Non‐State Regulated wastes, Universal Wastes, Compressed Gas Cylinders, and Polychlorinated Biphenyls (PCBs) located on military installations in and around San Antonio, TX. The Contractor agrees to provide all services necessary for the transportation, final treatment, disposal, and/or recycling of the items listed in the schedule in accordance with all local, state, and federal laws and regulations, and the terms and conditions of the contract. These services shall include all necessary personnel, including applicable subcontractors, labor, transportation, equipment, and the compilation and submission of all documentation required by this contract. All items, regardless of the condition, are being discarded by the Government and will require recycling or disposal.

(4) THE STATUTORY AUTHORITY PERMITTING OTHER THAN FULL AND OPEN COMPETITION: FAR 6.302‐2

Unusual and compelling urgency, (a) Authority. (1) Citations: 10 U.S.C. 2304(c)(2) or 41 U.S.C. 3304(a)(2). In the case of a contract award permitted under FAR 6.302‐2, the justification shall be posted within 30 days after contract award (ref. FAR 6.305(b)).

(5) A DEMONSTRATION THAT THE ACQUISITION REQUIRES USE OF THE AUTHORITY CITED: The Government has a need to extend the contract by two additional months to allow sufficient time for the SBA Area Office to make a size determination in response to a Size Protest received for the awardee on the follow‐on contract. The generators require uninterrupted hazardous waste disposal/management services to meet their mission, and to remain environmentally compliant and safe. Any disruption to the services currently being performed under contract SP450016D0004 would lead to a disruption or mission failure. Not extending the services would cause unacceptable delays in fulfilling the Government’s requirement for these services. Horizon Environmental Services, Inc. is the only responsible source that can currently continue to meet the Government’s need for critical hazardous waste removal and disposal services. Horizon Environmental Services, Inc. is the incumbent contractor, and already has personnel and equipment mobilized to perform the required work during the interim period. Transferring this work to another contractor would incur substantial duplication of cost and adversely impact required performance timeframes. Any disruption in the current performance timeframes could adversely affect the mission and risks Environmental Protection Agency (EPA) storage violations.

(6) EXCEPTION UNDER 5.202: FAR 5.202(a)(11).

(7) A DETERMINATION BY THE CONTRACTING OFFICER THAT THE ANTICIPATED COST TO THE GOVERNMENT

WILL BE FAIR AND REASONABLE: The extension will be at the rates specified under the second option period of the contract. The prices were solicited, evaluated, and determined to be fair and reasonable at the time of award under a competitive total small business set‐aside procurement. An informal analysis indicates that there are no changes in the economy that would lead to substantially lower pricing.

(8) MARKET RESEARCH: It is determined that a market survey is impractical, as it would not generate any additional sources capable of satisfying the requirements within the urgent time extension required. It is not practical, nor in the Government’s best interest, to award a bridge contract for the interim period between the end of the current contract and the start of the follow‐on contract. The process does not allow sufficient time to acquire services for this two‐month period.

(9) RATIONALE AS TO THE EXTENT AND NATURE OF THE HARM TO THE GOVERNMENT: Without contract coverage the area is at a high risk of compliance issues regarding the regulatory storage time limits, as they already have a significant amount of hazardous waste requiring removal. The EPA closely regulates the majority of the waste being disposed on this contract. These regulations include limitations on the length of time waste can be stored. Often these are very short time periods (e.g. 15 days) and require quick performance turnaround on waste removal task orders. These are critical services, as no hazardous waste products may exceed ninety (90) calendar days storage time before shipment to an off‐site disposal facility.

If the ninety (90) calendar day regulatory timeframe is exceeded, the installation may be subject to fines up to per day, per individual location by the EPA, as well as additional penalties. The generators would also be at risk of not being able to immediately respond to spills, which could lead to environmental issues, fines, and higher cleanup/remediation costs.

(10) A LISTING OF THE SOURCES, IF ANY, THAT EXPRESSED AN INTEREST IN THE ACQUISITION: N/A.

(11) A STATEMENT OF THE ACTIONS, IF ANY, THE AGENCY MAY TAKE TO REMOVE OR OVERCOME ANY BARRIERS

TO COMPETITION BEFORE ANY SUBSEQUENT ACQUISITION FOR THE SERVICES REQUIRED: A subsequent acquisition has been accomplished on a competitive basis under a total small business set‐aside procurement for this requirement. This extension of services is needed in response to a Size Protest received by an unsuccessful offeror. A stop‐work order was issued for the follow‐on contract, and a two‐ month extension of services will be modified to contract SP450016D0004. If it is determined the awardee is a small business, then the stop‐work order will be lifted and the follow‐on contract will begin. If it is determined that the awardee is an ‘other than small business’, then the firm becomes ineligible for award, and a different firm will be awarded the follow‐on contract.

(12) CONTRACTING OFFICER CERTIFICATION: The contracting officer’s signature below is certification that the justification is accurate and complete to the best of the contracting officer's knowledge and belief.

APPROVAL:

Contracting Officer Hazardous Waste Disposal DLA Disposition Services