RH Redacted JA_Redacted.pdf

J&A 22039

JUSTIFICATION AND APPROVAL

FOR USE OF OTHER THAN FULL AND OPEN COMPETITION

1. Identification of Agency and Contracting Activity.

The requiring activity is Naval Supply Systems Command (NAVSUP); the contracting activity is NAVSUP FLC Norfolk, Contracting Department Code 200.

2. Description of the Action Being Approved.

This is a Single Award, Firm-Fixed-Price (FFP) unusual and compellingly urgent contract to one of the below contractors to fulfill the requirements directed by NAVSUP for support services in relation to Red Hill Underground Storage Tank Facility Assessment.

3. Description of Supplies/Services.

The instant requirement is for an independent contractor to conduct an assessment of Red Hill operations and system integrity to identify design and operational deficiencies that may impact the environment to include but not limited to: Process Safety Management (PSM) Plan, a Risk Management Plan (RMP), and an Integrity Management Plan (IMP) detailing the integrity of the pipelines, valves, pressure vessels, etc.

The end deliverable will be a recommended work plan and implementation schedule to address identified design and operational deficiencies and priorities.

This proposed action will result in the issuance of a new firm-fixed price contract beginning seven (7) days after contract award through 30 April 2021. The independent estimate for this action is .

4. Statutory Authority Permitting Other Than Full and Open Competition.

The statutory authority permitting other than full and open competition is 41 U.S.C. 1901, the agency�s need for the 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 proposals, as implemented by FAR 13.501(a).

5. Rationale Justifying Use of Cited Statutory Authority.

On 7 December 2021, the Secretary of the Navy issued �Immediate Actions: Red Hill Underground Tanks� memorandum in response to two fuel spills on 6 May 2021 and 20 November 2021 that polluted the drinking water of residents of JBPHH with petroleum products. The Secretary of the Navy directed

J&A Number: 22039

Source Selection Information � See FAR 2.101 and 3.104 the Chief of Naval Operations and Navy to consult with a qualified independent third party to assess operations and system integrity of the Red Hill Underground Storage Tank Facility to determine design and operational deficiencies that may impact the environment and to develop a work plan and implementation schedule to conduct necessary repairs and make necessary changes in operations to address any deficiencies identified in the assessment. Per the directive, corrective actions shall be performed as expeditiously as possible. The assessment was directed to commence within 30 days of 7 December 2021.

The independent third party assessment is critical for the Navy to ensure it is providing reliable and safe drinking water to its Service Members, civilians, residents and their families at Joint Base Pearl Harbor- Hickam and everyone who lives and works within the community. The independent third party assessment will ensure incidents similar to the recent incident at Joint Base Pearl Harbor-Hickam, in which military housing units and other facilities received tap water containing petroleum products, will not occur again.

This unusual and compelling urgent requirement will allow the Navy to contract for an independent third party which will provide an understanding of the operations and system integrity of the Red Hill Underground Storage Facility to ensure any and all hydrocarbons within the Red Hill Underground Storage Facility are fully contained in tanks and pipeline to eliminate any potential future release of hydrocarbons into the environment. The recent spills have created an extremely adverse impact on a significant quality of life issue for Service Members and their families residing at JBPHH, as well as in the broader Oahu community. Any delay in taking these remedial actions will cause serious injury to the welfare of those affected.

The intent of this procurement is to ensure an independent assessment occurs as expeditiously as possible. Therefore, it was determined to solicit only among qualified companies with limited or no contract actions with the Department of Navy across the world and Hawaii. Market research was conducted by contacting leaders in the oil and gas industry, such as Shell and Chevron, and the Environmental Protection Agency (EPA). The following qualified contractors were determined to have limited or no contracts with the Department of the Navy across the world and expressed their capability to support this unusual and compelling urgent requirement:

6. Description of Efforts Made to Solicit Offers from as Many Offerors as Practicable, including a Description of Market Research, if applicable, and a List of Interested Sources, if any.

As stated in section 5, the market research was performed for the unusual and compelling urgent requirement at hand. That research determined as many sources as practicable meeting the Secretary of the Navy�s directive for a qualified independent third party. This is anticipated to be a single-time acquisition and not be a recurring need.

The Government will make this justification publicly available in accordance with the requirements of FAR 6.305(a)(b) within 30 days after contract award.

7. Determination of Fair and Reasonable Cost.

The Contracting Officer has determined that the anticipated cost to the Government of the supplies/services covered by this J&A will be fair and reasonable.

8. Actions to Remove Barriers to Future Competition.

This is anticipated to be a single-time acquisition and not be a recurring need.

9. Contracting Point of Contact

The point of contacts at NAVSUP FLC Norfolk are Heather Coleman at (757) 443-2066 or email at heather.coleman@navy.mil.

CERTIFICATIONS AND APPROVAL

TECHNICAL/REQUIREMENTS CERTIFICATION

I certify that the facts and representations under my cognizance which are included in this Justification and its supporting acquisition planning documents, except as noted herein, are complete and accurate to the best of my knowledge and belief.

LEGAL SUFFICIENCY REVIEW

I have determined this Justification is legally sufficient.

CONTRACTING OFFICER CERTIFICATION

I certify that this Justification is accurate and complete to the best of my knowledge and belief. To the extent that the Justification value is >$250K and <$750K, the Contracting Officer�s signature below also represents approval of the Justification.

CONTRACTING ACTIVITY COMPETITION ADVOCATE REVIEW

To the extent that the Justification value is >$750K and <$15M, the Competition Advocate�s signature below also represents approval of the Justification.