sole_source_justification_camp_bullis.pdf

Sole Source (Including Brand Name) Justification - Simplified Procedures for Certain Commercial Items

FOR OFFICIAL USE ONLY

25 May 2018 FOR OFFICIAL USE ONLY Page 1 of 4

NOTE: If a Justification was approved for the preceding acquisition, a copy of the approved Justification for the predecessor action must be included in the staff package for approval of the instant Justification. This applies to Justification staff packages that are submitted for review and approval at a level above the contracting officer. The predecessor Justification will be used as a reference document by the approving official.

Is this a new or amended J&A Document? New Amended ( Prior to Award Only! )

Is this a Bridge Action as defined in the AF Bridge Action Reduction Plan? Yes No

Funding level for this acquisition: >SAT and < $700K > $700K and < $13.5M

Contracting Activity: 502d Contracting Squadron, JBSA-Lackland, TX

Purchase Request / Local ID Number: F2M3CB8299AW01

Program / Project (and PE, if applicable): JBSA-Camp Bullis, TX Wastewater Treatment Plant - Wastewater Removal and Cleaning

Program Type (PEO or Other Contracting): Operational Contracting

Authority: AFFARS 5313.501 - 10 U.S.C. 2302b, Implementation of Simplified Acquisition Procedures (41 U.S.C. 1901)

AFFARS 5313.501 - 10 U.S.C. 2304a, Special Emergency Procurement Authority (41 U.S.C. 1903)

Estimated Contract Cost (including options): $303,950.00 Justification Type: Class Individual

COORDINATION (AFFARS 5306.304(a) ) Sign and Save Procedure

** The text in the signature blocks below is editable, including the title.

** To remove a row, click the "X" next to the signature block. CAUTION: Once removed, it can only be restored by downloading the BLANK FORM again.

Date

04 Jan 2019

JBSA Planning Supervisor Irwin Stuart 502 JBSA Civil Engineer Squadron/(210) 671-4510

Signature

X

Date

07 Jan 2019

Contracting Officer Macy Wester 502d Contracting Squadron/(210) 671-1728

Signature

X

Date

14 Jan 2019

Flight Chief, Infrastructure Acq (CE Services) Joseph Preusser

502 CONS/(210) 671-3335

Signature

X

APPROVAL (AFFARS 5306.304(a) )

Date Competition Advocate/Director of Business Operations JoAnn Hernandez

502 CONS/(210) 671-1700

Signature

Sole Source (Including Brand Name) Justification - Simplified Procedures for Certain Commercial Items

25 May 2018 FOR OFFICIAL USE ONLY Page 2 of 4

I. Contracting Activity.

The United States Air Force, Air and Education and Training Command, 502d Contracting Squadron (502 CONS), is executing this Other Than Full and Open Competition Individual Justification on behalf of the 502 JBSA Civil Engineer Squadron (CE), JBSA-Lackland, TX 78236.

II. Nature and/or description of the action being processed.

This action established a new firm fixed price contract with SOS Liquid Waste Haulers, LTD CO (SOS) for immediate emergency pumping and disposal of wastewater, as well as cleaning of multiple tanks at the JBSA- Camp Bullis Wastewater Treatment Plant (WWTP) with an effective date of 5 November 2018 in the amount of $303,950.00. The Period of Performance is 5 Nov 18 through 7 Jan 19. This requirement is funded with Certified PR F2M3CB8299AW01.

III. Description of supplies/services required to meet agency needs.

The 502d Civil Engineering Squadron requested emergency pumping and disposal of approximately 364,500 gallons of wastewater, as well as cleaning of multiple tanks at the JBSA-Camp Bullis WWTP. 502 CES requested services start on 5 Nov 18 and conclude 7 Jan 19. The Government required the pumping and disposal of wastewater, as well as cleaning of the tanks due to a non-operational air pump. The broken pump removes sludge from the clarifier tank to the aeration basin. This service had to be performed immediately to allow the required repairs to be assessed and accomplished. If the services did not occur, all missions at JBSA Camp Bullis would have been shutdown due to raw sewage not being treated by the WWTP. The services continue to support to the non operational portions of the WWTP. See Section V for additional details. Appropriations of 3400 funding were utilized for this requirement.

IV. Statutory authority permitting other than full and open competition.

AFFARS 5313.501 - 10 U.S.C. 2302b, Implementation of Simplified Acquisition Procedures (41 U.S.C. 1901)

V. Demonstration that the contractor's unique qualifications or nature of the acquisition requires the use of the authority cited above (applicability of authority).

SOS' service support was essential in meeting the urgent demand of emergency pumping and disposal of wastewater, as well as the cleaning of multiple tanks due to a non-operational air pump in the WWTP at JBSA- Camp Bullis, TX. SOS was the only vendor willing and able to begin performance on such an urgent basis. The WWTP is currently in bypass mode, which cannot be sustained for a prolonged time frame. The clarifier tank and surrounding tanks had to be pumped down and cleaned out in order for the required repairs to be accomplished. The need for pumping has continued in order to prevent overflow while the repairs are being procured and performed. The initial service had to be performed immediately so repairs could be made to prevent waste overflows. If the pumping did not occur on 5 Nov 18 and continue until the repair of the faulty pipe, JBSA-Camp Bullis' water supply would be turned off due to over flowing of wastewater and lack of potable water due to sewage, which would lead to shutdown of JBSA-Camp Bullis and its training missions.

Furthermore, if overflow of wastewater occurs, it would contaminate the Edwards Aquifer Recharge Zone.

According to the Texas Commission on Environmental Quality (TECQ)'s Compliance Monitoring Team, JBSA- Camp Bullis is currently non-compliant with Texas regulations and if a non-compliance letter is issued, it will result in a $25K fine per day. As a result, this project was deemed urgent and compelling; and the contractor had to begin work immediately to ensure that the WWTP did not contaminate Edwards Aquifer Recharge Zone

Sole Source (Including Brand Name) Justification - Simplified Procedures for Certain Commercial Items

25 May 2018 FOR OFFICIAL USE ONLY Page 3 of 4 and/or shutdown JBSA-Camp Bullis.

VI. Description of efforts made to ensure that offers are solicited from as many potential sources as practicable.

502 CONS conducted the below listed research:

1. A sources sought was not posted due to the urgent and compelling nature of the requirement.

2. Two contractors were contacted that could perform this service, Wastewater Solutions and SOS. Jason Porter of Wastewater Solutions reported that his company was not able to begin immediate performance of this requirement. They could only provide non-emergency service. 502 CONS then contacted Mr. John Cortez of SOS, who reported that his company could begin immediate performance. The customer was not aware of any other vendors capable of meeting the urgent demand of this requirement.

3. This action will not require a Notice of Proposed Contract Action required by FAR 5.201 as an exception applies IAW FAR 5.202(a)(2). The Justification and Approval is required to be posted within 30 days after contract award date when the award is made in the case of of unusual and compelling urgency IAW FAR 13.501(a)(1)(iii). As addressed above, the Period of Performance began on 5 Nov 18, therefore the Justification and Approval document should have been posted within 30 days after the contract start date of 5 Nov 18. Due to Contracting Officer oversight, the Justification and Approval was not completed and made publicly available in the adequate time frame. Immediately after the Justification and Approval is signed, it will be made publicly available on the GPE.

VII. Determination by the Contracting Officer that the anticipated cost to the Government will be fair and reasonable.

The Contracting Officer has determined the quoted price to be fair and reasonable based upon receipt and evaluation of the contractor's quote. The Contracting Officer determined the final pricing to be fair and reasonable by implementing an analysis of previous purchases for the same and/or similar services via commercial vendors and a comparison of the proposed prices listed under FA301618P0493 for the same service awarded in October of 2018. The basis of price fair and reasonable was comparison of proposed prices found reasonable on previous purchases IAW FAR 13.106-3(a)(1)(ii).

VIII. Description of the market research conducted and the results, or a statement of the reasons market research was not conducted.

502 CONS contacted two local vendors, Wastewater Solutions and SOS, both with known capabilities to perform the required service. However, only SOS was capable and willing to begin immediate performance due to the urgent nature of the government's requirement.

IX. Any other facts supporting the use of Other Than Full and Open Competition.

This requirement for wastewater pumping and disposal, as well as the cleaning of the tanks at the WWTP, was an emergency as the required repairs to the broken pump could not be facilitated until it was accomplished.

The pumping requirement has continued in order to keep the EETP functioning in its dilapidated state. If over flow of wastewater occured, it would contaminate the Edwards Aquifer Recharge Zone, resulting in an environmental hazard and shut down of operations at Camp Bullis.

Sole Source (Including Brand Name) Justification - Simplified Procedures for Certain Commercial Items

25 May 2018 FOR OFFICIAL USE ONLY Page 4 of 4

X. List of any sources that expressed, in writing, an interest in the acquisition.

See Section VI above.

XI. A statement of the actions, if any, the agency may take to remove or overcome any barriers to competition before making subsequent acquisitions for the supplies or services required.

At this time, the Government does not anticipate any subsequent acquisitions for emergency pumping and disposal of wastewater as the cause for pumping is due to the non-operational air pump. It is also important to note that a new WWTP has been awarded and will be fully functional within a year. As a result, the current JBSA-Camp Bullis WWTP will no longer be utilized.

XII. Certification by the Contracting Officer.

As evidenced by my signature above, I have determined this document to be both accurate and complete to the best of my knowledge and belief.

XIII. Certification by the technical/requirements personnel.

As evidenced by my (our) signature(s) above, I (we) certify that any supporting data contained herein, which is my (our) responsibility, is both accurate and complete.

Remove the Guidance pages below.

Sole Source (Including Brand Name) Justification - Simplified Procedures for Certain Commercial Items 25 May 2018 Page of International Agreement Competitive Restrictions (IACR) March 2018 Page of NOTE: If a Justification was approved for the preceding acquisition, a copy of the approved Justification for the predecessor action must be included in the staff package for approval of the instant Justification. This applies to Justification staff packages that are submitted for review and approval at a level above the contracting officer. The predecessor Justification will be used as a reference document by the approving official.

Is this a new or amended J&A Document?

Is this a Bridge Action as defined in the AF Bridge Action Reduction Plan?

Funding level for this acquisition:

Authority:

Justification Type:

COORDINATION (AFFARS 5306.304(a)) ** The text in the signature blocks below is editable, including the title.

** To remove a row, click the "X" next to the signature block. CAUTION: Once removed, it can only be restored by downloading the BLANK FORM again.

APPROVAL (AFFARS 5306.304(a)) NOTE: A signature block will appear here based on the funding level selected above.

(See "Specific Guidance for Completing this Template" below.)

I. Contracting Activity.

II. Nature and/or description of the action being processed.

III. Description of supplies/services required to meet agency needs.

IV. Statutory authority permitting other than full and open competition.

V. Demonstration that the contractor's unique qualifications or nature of the acquisition requires the use of the authority cited above (applicability of authority).

VI. Description of efforts made to ensure that offers are solicited from as many potential sources as practicable.

VII. Determination by the Contracting Officer that the anticipated cost to the Government will be fair and reasonable.

VIII. Description of the market research conducted and the results, or a statement of the reasons market research was not conducted.

IX. Any other facts supporting the use of Other Than Full and Open Competition.

X. List of any sources that expressed, in writing, an interest in the acquisition.

XI. A statement of the actions, if any, the agency may take to remove or overcome any barriers to competition before making subsequent acquisitions for the supplies or services required.

XII. Certification by the Contracting Officer.

XIII. Certification by the technical/requirements personnel.

Specific Guidance for Completing this Template

I. Contracting Activity. (FAR 6.303-2(b)(1))

Fully identify the contracting agency and organizational activity responsible for the proposed contracting action.

II. Nature and/or description of the action being processed. (FAR 6.303-2(b)(2))

State whether the action will be awarded as a new contract or by modification to an existing contract (identify contract number) and identify the type contract planned (FAR 12.207 and DFARS 212.207).

An individual Justification cannot be used to support more than one contract irrespective of the quantities or the dollar value stated therein. If a proposed contract will contain unpriced options (including NTE prices), those options must be supported by a separate Justification prior to option exercise or the Justification supporting the basic contract must be a Class Justification. For Class Justification situations (covers more than one contract) where the number of contracts in the class can be identified: (1) Provide a brief general description of actions; (2) identify the supplies and services that are being acquired; and (3) for each contract in the class identify the contractor, estimated value, type of contract and rationale for contract length, and estimated award date. Where the same information applies to more than one contract within the class, it need only be stated one time.

III. Description of the supplies/services required to meet agency needs. (FAR 6.303-2(b)(3))

Specifically describe the supplies and/or services to be acquired, the total estimated value of the acquisition - including options (provide cost estimate by year and, for class Justifications, by contract action), and the estimated delivery dates/periods of performance If commodities are being procured, provide quantities. All contract line items (CLIN) -- e.g., technical data, support equipment, support services, etc. -- should be listed. If all of the ancillary requirements associated with a particular item are not specifically described in the Justifications, those ancillary requirements cannot be included in the resulting contract and would require a second Justification. Also, state the type of appropriation (e.g., 3010, 3400) that will be used to fund each requirement listed.

If approval for more than one fiscal year requirement is needed, give the rationale for this request. Generally, the scope of these actions is limited to current requirements only, so that actions may be taken to facilitate competition for out-year requirements.

In some cases, there are no feasible actions that could develop future competition, and it is reasonable to seek approval for more than one fiscal year's requirements.

For ID/IQ or requirements contracts, use the maximum dollar value of the total estimated orders as the estimated Justification dollar value.

IV. Statutory authority permitting other than full and open competition. (FAR 6.303-2(b)(4)) V. Demonstration that the contractor's unique qualifications or nature of the acquisition requires the use of the authority cited above (applicability of authority). (FAR 6.303-2(b)(5))

Provide, in narrative form, a detailed explanation supporting and clearly relating to the conditions described by the FAR for using the particular authority cited. This section is normally the most detailed part of the justification as the essence of the justification is presented here. For acquisitions that include both supplies and services, separately justify the use of the authority for the services and supplies.

Contracting without providing for full and open competition shall not be justified on the basis of lack of advance planning by the requiring activity or concerns related to the amount of funds available (e.g., funds will expire) (10 U.S.C. 2304(f)(4)).

VI. Description of efforts made to ensure that offers are solicited from as many potential sources as practicable.

(FAR 6.303-2(b)(6))

Describe all efforts taken (or to be to be taken) to ensure that offers are solicited from as many potential sources as practicable under the circumstances. Although Market Research is covered in Section VIII, the information in Section VI should correlate with the Market Research described in Section VI. The following issues should be addressed in this paragraph:

Sources Sought Synopsis (used as part of market research). If a sources sought synopsis was issued, state the date the synopsis was issued and a brief description of its content. If any responses were received, describe in detail the results of the screening process and the rationale for determining the unacceptability of any synopsis respondents. Reference FAR 13.105, Synopsis and Posting Requirements.

Other Actions. In this paragraph, discuss any other actions taken or planned to facilitate competition for this acquisition. The discussion should include actions tried or considered even if the actions were unsuccessful. If the efforts were unsuccessful, so state and describe why.

Qualifying Country Sources. If qualifying country sources have expressed interest, but are to be excluded, provide supporting rationale.

VII. Determination by the Contracting Officer that the anticipated cost to the government will be fair and reasonable. (FAR 6.303-2(b)(7))

Include a statement by the contracting officer that the anticipated cost will be considered fair and reasonable and provide the basis for this determination. The steps that will be taken to ensure the final contract price will be fair and reasonable are also described here. Describe the extent of cost or price analysis anticipated including the requirements for certified cost or pricing data, technical evaluations, and audits.

VIII. Description of the market research conducted and the results, or explain why market research was not conducted. (FAR 6.303-2(b)(8))

Generally, some form of market research should be conducted. Discuss any market research conducted pursuant to FAR Part 10 and describe results of that research. Market research is any effort undertaken to determine if sources capable of satisfying the agency's requirements exist and to determine if commercial items or non-developmental items are either available or can be modified so that they will satisfy the agency's needs. Market research should be focused not only on identifying alternate sources, but also on alternate equipment or substitutes that might fulfill the Government needs with only minor modification. Regardless of the approach used, the results should provide a high level of confidence that no other qualified sources exist.

When other exceptions from the requirement to obtain full and open competition are relied upon, the market research might be limited to an examination of the acquisition history and experience with the marketplace under previous acquisitions for the same or similar items.

If no market research was conducted, so state and provide the rationale.

IX. Any other facts supporting the use of Other Than Full and Open Competition. (FAR 6.303-2(b)(9)(i))

Provide any other facts supporting the use of other than full and open competition, including an explanation of why technical data packages, specifications, engineering descriptions, statements of work, statements of objectives, or purchase descriptions suitable for full and open competition have not been developed, are not being developed, are not being used, or are not available.

X. List of sources, if any, that expressed interest in the acquisition. (FAR 6.303-2(b)(10))

If a sources sought synopsis was done and all interested sources are included in Section VI, it is acceptable to state, “See Section VI above.”

XI. A statement of the actions, if any, the agency may take to remove or overcome any barriers to competition before making subsequent acquisitions for the supplies or services required. (FAR 6.303-2(b)(11))

Describe any actions taken or to be taken to foster competition for future acquisitions of the supplies or services being acquired. Describe potential actions that could be taken to remove the barriers to competition that have been identified in the justification and include a milestone schedule, where available, for accomplishing these actions. For example, if a follow-on competitive acquisition is planned, so state and provide the planned award date, or state that the Government will attempt to acquire rights in technical data and computer software sufficient to compete follow-on acquisitions as a priced option in the contract action that is the subject of this Justification, or (if applicable) state how the Government intends to challenge nonconforming markings on technical data and computer software delivered to it under previous contracts so those markings can be removed in order that the technical data and computer software may be used in support of a follow-on competitive acquisition, or describe plans to qualify additional sources.

Address efforts to ensure competition for future spare parts and maintenance in support of systems or equipment covered by the justification, even when these acquisitions will be accomplished by other organizations. Include a discussion on available breakout data.

If no actions are planned, so state and provide reasons. If approval is sought for more than one year, explain why a sole source effort is required for the planned time duration.

For a non-competitive follow-on acquisition to a previous award for the same supply or service supported by a Justification citing the same authority, include a discussion of the actions planned to overcome barriers to competition established in the previous justification, the status of those actions, and the results of those actions. The approval authority shall determine whether the planned actions were completed. If the planned actions were not completed, the justification for the follow-on acquisition shall be approved by the approval authority one-level above the approval authority for the previous justification (see FAR 13.501(a)(2)). If the previous justification was approved by the Senior Procurement Executive (SPE), the approval remains at the SPE level.

[DFARS 213.501(a) and DFARS PGI 206.304(a)(S-70)(ii)] XII. Certification by the Contracting Officer. (FAR 6.303-2(b)(12))

As evidenced by his/her signature, the contracting officer has determined this document to be both accurate and complete to the best of his/her knowledge and belief.

XIII. Certification by the technical/requirements personnel. (FAR 6.303-2(c))

As evidenced by their signatures, the technical and/or requirements personnel have certified that any supporting data contained herein, which is their responsibility, is both accurate and complete.

Do You Need to "REDACT" Text?

This template is interactive and has special features. In its current state, it cannot be redacted. In order to redact any portion of this template, you must first convert it to a normal PDF file. Click here for instructions.

9.0.0.2.20120627.2.874785