Redacted Sole Source Justification for Hazardous Waste Bridge.pdf

CUI

DEPARTMENT OF THE NAVY

NAVAL RESEARCH LABORATORY

4555 OVERLOOK AVE SW

WASHINGTON, DC 20375-5320

Justification for Other than Full and Open Competition Under Simplified Procedures For Certain Commercial Items In

Accordance With Federal Acquisition Regulation (FAR) 13.5

PURCHASE REQUEST NO.

1300916982

J&A NO: J&A13.501-22-TL01

Estimated Cost: $400,000.00

On the basis of the following, I, as the Contracting Officer, hereby approve the use of a sole source proposed contractual action pursuant to the authority of :

☒ 41 U.S.C. 1901 ☐ 41 U.S.C. 1903

1. The U.S. Department of Navy; Naval Research Laboratory (NRL) Contracting Division proposes to modify contract N00173-17-C-2012, on a sole source basis, with Clean Harbors Environmental Services, Inc. , under simplified procedures for certain commercial items included in FAR subpart 13.5.

2. The nature and/or description of the action being approved, i.e., sole source under procedures for certain commercial items in accordance with FAR 13.5.

This justification seeks approval to extend the contract period of performance, for the Firm Fixed Priced (FFP) Contract N00173-17-C-2012, by nine (9) months, from 25 July 2022 to 30 April 2023. The Contractor for Contract N00173-17-C-2012 is Clean Harbors Environmental Services, Inc., of Norwell, MA 02061. The contract was awarded on 26 July 2017 and currently has a value of $2,071,139. The contract value would increase by $400,000.00.

3. A description of the supplies and/or services required, including the delivery schedule and/or the period of performance (inclusive of all option periods), and the estimated dollar value of the acquisition.

Contract N00173-17-C-2012 provides for the sorting, sampling, stabilization, packaging, profiling, labeling, manifesting, transportation and off-site treatment and/or disposal of hazardous waste, waste chemicals, chemically contaminated equipment, laboratory equipment, and installed plumbing system, and biological hazardous waste or regulated medical waste containing heavy metals, for NRL-DC, Chesapeake Bay Detachment (CBD), Midway Research Center (MRC), Blossom Point (BP, and Pomonkey (POM).

The proposed contact modification is for extension of the period of performance, by nine (9) months, from 25 July 2022, to 30 April 2023; and a $400,000.00 increase to the contract value.

The proposed extension of the period of performance, via a contract modification, is to ensure availability of Hazardous Waste removal and disposal services, while the NRL Contracts Division works to issue a replacement contract.

4. The statutory authority permitting sole source.

☒ 41 U.S.C. 1901 ☐ 41 U.S.C. 1903

5. A statement demonstrating the unique qualifications of the proposed contractor or the nature of the action requiring use of the authority.

A modification to the contract is required to prevent a break in essential services, while allowing time for the NRL Contracts Division to award a replacement contract. The proposed extension is a stopgap solution to ensure NRL receives the essential removal and disposal of hazardous waste and while allowing time to properly re-compete and award a replacement contract. The projected award date for the replacement contract is April 2023, according the current acquisition milestones. Clean Harbors Environmental Services, Inc. is the only vendor, in this situation, that can continue to provide removal and disposal of hazardous waste, at NRL and other sites, without disruptions, under the current contract vehicle.

Disruption of removal and disposal of hazardous waste will result in the NRL being unable to store, remove and have hazardous waste and material disposed, as well as cause NRL to violate the Resource Conservation and Recovery Act (RCRA), Environmental Protection Agency (EPA), and other federal and state regulations, causing NRL to incur civil penalties.

It is unrealistic that a short-term contract can be awarded before the expiration of the current period, on a full and open competitive basis. Therefore, extending the contract ,on a sole source basis, is the most practical means of fulfilling the need for the essential services. Additionally, it is unrealistic to spend time and effort to conduct a concurrent full and open competition, for the short duration support, while efforts to re-compete a replacement contract is on the way. This will create substantial duplication of contracting efforts, which is not expected to be recovered through competition. Modification of the current contract is the economic and efficient way to maintain the critical supplies required by the NRL.

6. A description of efforts made to ensure offers/quotes are solicited from as many potential sources as is practicable, including whether a notice was or will be publicized in FEDBIZOPPS (as required by FAR 5.2) and, if not, which exception under 5.202 applies.

The proposed modification is to extend the period of performance, to ensure availability of essential services, while allowing time to compete and award a replacement contract. No other potential sources for this interim stopgap requirement were solicited given that there is an ongoing effort to re-compete the replacement contract. NRL Contracts will publicize, on www.SAM.gov, the intent to modify/extend Contract N00173-17-C-2012, on a sole source basis.

7. The anticipated dollar value of the proposed acquisition, including options if applicable, and a determination by the contracting officer that the anticipated cost to the government will be fair and reasonable.

The proposed period of performance extension is expected to cost, and increase the contract ceiling by, $400,000.00. This amount is based upon historical monthly burn rate, with a 5% escalation. Prior to execution of the contract modification, the Contractor will be provided the opportunity to adjust the unit prices for the individual supplies, services, and labor rates.

NRL Contracts will conduct price analysis to determine fair and reasonableness before execution of the contract modification.

http://farsite.hill.af.mil/reghtml/regs/far2afmcfars/fardfars/far/05.htm#P56_9651 http://farsite.hill.af.mil/reghtml/regs/far2afmcfars/fardfars/far/05.htm#P67_10794 http://www.sam.gov/

The Contracting Officer determines that the anticipated prices will be fair and reasonable based on price analysis.

8. A description of the market research conducted and the results or the reason market research was not conducted.

No market research was conducted for this extension effort. Market research was conducted for the follow-on acquisition effort, to include issuance of Sources Sought Notice on www.SAM.gov. For the follow-on action, a Sources Sought Notice N00173-22-RFI-SP10, was announced May 2022. Three companies responded to the Sources Sought Notice.

9. Any other facts supporting the use of sole source.

None

10. A listing of the sources, if any, that expressed, in writing, an interest in the acquisition.

No interested source has expressed interest in this acquisition. NRL Contracts will post an announcement, in the Government Point of Entry, of its intent to modify contract N00173-17-C-2012, to extend the period of performance and increase the contract value.

11. A statement of any actions the agency will take to remove or overcome any future barriers to competition before any subsequent acquisition for the supplies or services required.

This extension is a stopgap solution to ensure continuity of services and prevent a break in support, therefore, no further action was taken to remove barriers to competition. The follow-on award will be competed on a full and open competitive basis.

CERTIFICATION AND APPROVAL

REQUIREMENTS COGNIZANCE

I certify that the facts and representations under my cognizance that are included in this justification and that form a basis for this justification are complete and accurate. I understand that the processing of this justification precludes full and open competition.

SIGNATURE(Requestor) (Print name/title) CODE PHONE DATE

Scott Lonesome

LEGAL SUFFICIENCY REVIEW

On the basis of the justification, I determined that it is legally sufficient.

SIGNATURE(Legal) (Print name/title) CODE PHONE DATE

Associate Counsel

CONTRACTING OFFICER (IF > $150,000 AND <700,000): (Procurement Office use Only)

I have reviewed this justification and find it to be accurate and complete to the best of my knowledge and belief. On the basis of the justification, I hereby approve the use of a sole source proposed contractual action pursuant to the authority of ☒ 41 U.S.C. 1901 ☐ 41 U.S.C. 1903

SIGNATURE(Contracting Officer) (Print name/title) CODE PHONE DATE

Brenda Green Contracting Officer