redacted P00029 JA.pdf

Subj: N62473-1i-C-0001-P00029; JUSTIFICATION Alw APPROVAL FOR USE OF

OTHER THAN FULL AND OPEN COMPETITION

5. Rationale Justifying Use of Cited Statutonr Authority.

NAVFAC SW requires a J&A to finalize negotiations and execute award of the follow on contract, and to allow for a 3-month phase-in and phase-out period to avoid a critical gap in services. The contract provides legally mandated environmental compliance services regarding Hazardous Material/Hazardous Waste management; oil and hazardous substance spill response and cleanup ashore; and Industrial Waste/Oily Waste (IW/OW) treatment services at various locations throughout the NAVFAC SW region. This work is necessary to comply with statutory and regulatory requirements, and NA VF AC SW therefore requires this bridge so as not to run afoul of applicable legal requirements. The follow-on contract will not be awarded until mid-April 2022 and the contract requires a 90-day phase in/phase-out to ensure interrupted operations of the IW/OW treatment plant services.

Use of the authority cited above is deemed appropriate due to the agency's need for the required services for statutory and regulatory compliance. There is unusual and compelling urgency in this situation in that without the extension, NAVFAC SW will not be able to maintain critical operations and maintenance of treatment plants, collection systems, and monitoring systems to collect, treat, and dispose of wastewater and oily waste that directly support fleet and shore operations. As part of the phase-in period, the contractor is required to purchase chemicals used in the IW/OW daily operations. If chemicals are not delivered on time wastewater treatment will cease, treatment tanks will fill and this would lead to a risk of halting acceptance of incoming waste from all customers, ships and commands. Currently the IW/OW plants receive an average of 150,000 to 200,000 gallons of waste per day .

T)pc,f',.;n+;nn nf'Pf'f'nrfo l\Aartp tn �nl11"1t ()f'f'prc f'rnrn t;IC l\Aal'nl ()f'f'prrwc -::IC Pr-::1f'f1f'-::lh1P .I..JVIJV.l.J.f:'\,.lVJ..l V.1.. .L.1.1...1.V.l.1,,IJ J.T..I. UV \.V UV.I.J.V.J.\. '-'.l...l..V.1...> LJ.V.1..1..1. 1.4U .l.'YA. .1..1. z '-' L..l..'-'J.'\.J.J..U U.tr..1 A. .1.w.v1,,,.1.V"4-V.1.'-'•

The single award Environmental Services PPP contract was competitively procured.

The selected offeror was selected under the applicable statutory and regulatory requirements and in accord with the RFP and Source Selection Plan. The selected offerer was found to have a fair and reasonable price, in accord with FAR price analysis techniques. At this time, it is not feasible to conduct market research for this bridge project, due to the requirement for an imminent bridge to avoid disruption in service. Synopsis of the proposed modification will not be published to the SAM.GOV Contract Opportunities website due to the applicable exception under FAR 5.202(a)(2). In accordance with FAR 6.305, the approved J&A will be posted on SAM.gov within fourteen (14) days after award of the contract modification.

6. Determination of Fair and Reasonable Costs/Prices.

The offeror' s pricing was evaluated during the award of the basic contract and was determined to be fair and reasonable., The same pricing will be used to extend the contract and the Contracting Officer has determined the anticipated pricing to the Government of the services covered by this J&A to be fair and reasonable.

�ubJ: N62473-17-C-0001-PQ0029; JlJSTll'ICATION AND APPROVAL FOR USE OF

OTHERTHAN FULL AND OPEN COMPETITION

7. Actions to Remove Ban1iers to Future Competition.

A follow-on Environmental Service contract for these same exact services has been competitively solicited with a projected award timeframe of mid-April 2022. A Bridge Contract is required in order to allow time to award and conduct a 90-day phase-in/phase-out period.