Sole Source JA_21-T-5016_Solid Waste Management Bridge_20210304_Redacted.pdf

Control No:2021-02

Program/Equipment: Solid Waste Management (Refuse) Bridge

Version – September 2018 FOR OFFICIAL USE ONLY

JUSTIFICATION REVIEW DOCUMENT

FAR PART 6 JUSTIFICATION AND APPROVAL FOR OTHER THAN

FULL AND OPEN COMPETITION

Program/Equipment: This requirement is for a bridge contract for the Department of Public Works (DPW) which requests a non-personal services contract to provide Solid Waste Management to Fort Jackson South Carolina. Solid Waste Management is a comprehensive approach to managing non-hazardous solid waste.

Authority: 10 U.S.C. 2304(c)(2) as implemented by FAR Part 6.302-2 -- Unusual and Compelling Urgency.

Amount: $209,956.67

Reviews: I have reviewed this justification and find it adequate to support other than full and open competition.

FAR Part 6 Justification and Approval for Other than Full and Open Competition

1. Contracting Activity: Mission Installation Contracting Command (MICC) Fort Jackson

2. Description of Action: The Department of Public Works (DPW), Fort Jackson, requests a follow on firm fixed price, bridge contract to W9124C-18-D-0006 with

The Government projects award for March 2021 and fiscal year 2021, Operations and Maintenance funds will be used.

3. Description of Supplies/Services: The Department of Public Works (DPW) requests a non-personal services contract to provide Solid Waste Management to Fort Jackson South Carolina. Solid Waste Management is a comprehensive approach to managing non-hazardous solid waste

Period of Performance: 2 Mar 21 to 1 May 21 Total Value: $209,956.67

4. Authority Cited: 10 U.S.C. 2304(c)(2), as implemented by FAR 6.302-2, Unusual and compelling urgency.

5. Reason for Authority Cited: Solid Waste Management is a mission essential service at Fort Jackson as such there cannot be any break in service

a. Identify the specific subparagraph of the authority cited and include the full text of the FAR for that subparagraph.

2) For only one source under FAR 6.302-2, Unusual and Compelling Urgency.

For example, use authority FAR 6.302-2 as follows: As described at FAR 6.302-2, when the agency’s need for the supplies or 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, full and open competition need not be provided for.

Two attempts were made to award a new service contract prior to the completion of the current contract. Both times a pre-award protest was received. This significantly delayed the acquisition process. It was determined that due to the items cited in the pre-award protests, a new acquisition strategy was required. This resulted in a transition from using lowest price technically acceptable to a best value tradeoff as the basis for award. This transition resulted in essentially having to start the acquisition process from the beginning to include development of a new acquisition strategy, source selection plan, and solicitation. As such, it did not afford the Government enough time to complete a full and open competition, with award, prior to expiration of the six (6) month extension under FAR 52.217-8.

Any break in service could potentially cause a serious health and safety risk to personnel on Fort Jackson.

The proposed sole source for this requirement is They are the current incumbent contractor performing these services under contract W9124C18D0006.

b. Alternatives. Due to the critical aspect of the service provided, no delay or suspension of service is acceptable. There is not enough time to phase-in a new contractor.

c. Address the following as applicable.

This requirement is for a bridge contract to ensure no disruption of services while this requirement goes through the standard acquisition process. Due to the variety of services and significant amount of weekly requirements, it is not feasible to expect another contractor to be able to perform this in the interim without some sort of delay or suspension of services.

6. Efforts to Obtain Competition: “The Contracting Officer has published the notices for the follow on contract to this requirement as required by FAR 5.201 on beta.sam.gov and any bids or proposals received shall be considered

a. Effective Competition: Because this is a sole source action, effective competition is not applicable. However, the follow on contract to fulfill these services is expected to achieve significant competition.

7. Actions to Increase Competition: The follow on contract to this bridge, is a competitive 8(a) set aside.

8. Market Research: This action is under the Simplified Acquisition Threshold. As a result, the action is exempt from Market Research Requirement IAW FAR 10.001(a)(2) and the MICC Market Research Guide Section

9. Interested Sources: N/A.

10. Other Facts: Discuss any other facts supporting the use of other than full and open competition, such as the following:

a. Procurement History:

1) W9124C15D0006 and W9124C18D0006.

2) Competitive 8(a) set aside.

c. As stated, solid waste management is a critical service that if not fulfilled could lead to serious health and safety issues. Only the incumbent contractor can ensure that there is no break in service.

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11. Technical Certification: I certify that the supporting data under my cognizance which are included in the justification are accurate and complete to the best of my knowledge and belief.

12. Requirements Certification: I certify that the supporting data under my cognizance which are included in the justification are accurate and complete to the best of my knowledge and belief.

13. Fair and Reasonable Cost Determination: I hereby determine that the anticipated cost or price to the Government for this contract action will be fair and reasonable. The techniques identified at FAR 15.404-1(b) will be used to ensure award will be fair and reasonable price. The Contracting Officer used a comparison of industry cost for similar services. The Independent Government Cost Estimate (IGCE) will primarily be an analysis of the contractor’s proposed cost. Additionally, the techniques identified at FAR 15.404-1(c)(2)iii) will be used to further ensure award will be at fair and reasonable prices. As part of this basis, certified cost or pricing data will not be required and the following exception applies (FAR 15.403), commercial item is being acquired.

14. Contracting Officer Certification: I certify that this justification is accurate and complete to the best of my knowledge and belief.