J&A_6.302-1(a)(2)(iii)_SP330018P5004_Redacted.pdf

DDEFENSE LOGISTICS AGENCY

DISTRIBUTION

430 MIFFLIN AVE, SUITE 3102A

NEW CUMBERLAND, PA 17070-5008

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

1. IDENTIFICATION OF AGENCY AND CONTRACTING ACTIVITY:

DLA Distribution Acquisitions Operations (J7), 430 Mifflin Ave, Suite 3102A, New Cumberland, PA 17070-5008.

2. NATURE/DESCRIPTION OF ACTION/CONTRACT TYPE (INCLUDING

ESTIMATED VALUE AND PERIOD OF PERFORMANCE):

This is for a Hazardous Material (HM) Management Services for DLA Distribution Corpus Christi, TX in support of the Corpus Christi Army Depot (CCAD). In providing HM management, the Contractor shall be responsible for standardizing life-cycle management processes to reduce Total Ownership Costs (TOC) for ordering, receipt, storage to include shelf-life management, issue, delivery, tracking, returns and approved reuse, and disposal of unserviceable HM. The Contractor will order HM required for use by the CCAD using the Logistics Modernization System (LMP) through Department of Defense (DoD), General Services Administration (GSA), and commercial sources of supply.

The purpose of this contract is to provide continued Hazardous Materials Management Services contract services to CCAD as a protest was filed against the new requirement (which has not be awarded to date). While the Government is taking corrective actions on the current procurement, it is not possible to award the current requirement in time to allow for a sufficient phase-in period as the new requirement is not a true follow-on requirement to the current contract (SP3300-13-C-0008). The new requirement contains Third Party Logistics (3PL) requirements wherein the contractor will have to procure all required HM through their own resources and all HM will remain contractor owned until issued to the Government. That service is not a part of the current contract. Additionally, there are also Hazardous Waste (HW) requirements in the new requirement that are not a part of the current contract. As such, a longer phase-in period is required compared to the phase-in period that occurred for the current contract.

The contract will contain a Firm-Fixed-Price line item for all HM services along with a Not- Separately-Priced line item for reporting requirements.

3. DESCRIPTION OF SUPPLIES/SERVICES:

DLA has a contractual need to provide HM Management Services for DLA Distribution Corpus Christi, TX in support of CCAD. In providing HM management, the Contractor shall be responsible for standardizing life-cycle management processes to reduce TOC for ordering, receipt, storage to include shelf-life management, issue, delivery, tracking, returns and approved reuse, and disposal of unserviceable HM. The Contractor will order HM required for use by the CCAD using LMP through DoD, GSA, and commercial sources of supply.

4. IDENTIFICATION OF STATUTORY AUTHORITY:

The statutory authority for this action is contracting by Other than Full and Open Competition, 10 U.S.C. 2304(c)(1), as implemented by FAR 6.302-1(a)(2)(iii), only one responsible source and no other supplies or services will satisfy agency requirements.

5. DEMONSTRATION OF CONTRACTOR'S UNIQUE QUALIFICATIONS:

Alliance Technical Services, Inc. is currently performing the services under contract SP3300- 13-C-0008. Alliance Technical Services, Inc. is the only responsible source capable of meeting DLA’s requirement during the interim period needed and any other alternative would create unacceptable delays in performing Hazardous Materials Management Services for CCAD.

Issuing another solicitation could cause a disruption and degradation in the services when there is no guarantee that a better price could be achieved. Issuing a new contract to another contractor would not be logical, efficient, or cost effective for the Government. More specifically, if we cannot award a sole source contract to the incumbent contractor there would be a gap in coverage and ergo an adverse effect to the Government because the current contract and this new sole source contract directly supports the production line which supports the warfighter. In providing HM management, the Contractor is responsible for standardizing life-cycle management processes to reduce TOC for ordering, receipt, storage to include shelf-life management, issue, delivery, tracking, returns and approved reuse, and disposal of unserviceable HM. Each year approximately 1.1 million HAZMAT items are issued to the CCAD Artisans. The contractor operates 16 HDSCs, (Hazardous Distribution Support Centers), throughout CCAD. In addition, there are seven outdoor storage sheds that are utilized for bulk material.

6. SYNOPSIS ANNOUNCEMENT/POTENTIAL SOURCES:

A synopsis will be posted in accordance with FAR part 5.

7. DETERMINATION OF FAIR AND REASONABLE COST:

Price analysis shall be conducted to determine that the awarded price is fair and reasonable.

However, if necessary, the Government may conduct cost analysis in accordance with FAR 15.404-1(c) to ensure that the Government is awarding a contract at a fair and reasonable price.

8. DESCRIPTION OF MARKET RESEARCH:

Market research was conducted for the initial procurement that resulted in the current Contract

SP3300-13-C-0008.

9. OTHER SUPPORTING FACTS:

None.

10. LISTING OF INTERESTED SOURCES:

There are no other potential sources for this additional work as the current contract will be extended.

11. ACTIONS TAKEN TO REMOVE BARRIERS TO COMPETITION:

The new requirement from a Full and Open competition solicitation was protested prior to award. The Government is taking corrective actions in response to the protest filing.

12. STATEMENT OF DELIVERY REQUIREMENTS:

Contractor resources will perform the required services until the new contract can be awarded.

The contract will contain a three month base period with the ability to extend performance for up to an additional six months in accordance with FAR 52.217-8 Option to Extend Services.

13. TOTAL ESTIMATED DOLLAR VALUE OF THE ACQUISITION(S) COVERED

BY THIS J&A.

The total estimated cost for the base period to include the potential option period is

The Contract Specialist for this action is Eric Berns at eric.berns@dla.mil (Email), 717-770- 4282 (Phone), or 717-770-5689 (Fax).

J&A ENDORSEMENT

TECHNICAL/REQUIREMENTS PERSONNEL CERTIFICATION – FAR 6.303-2(b)

I certify that the facts and representations under my cognizance which are included in this justification and its supporting acquisition plan which form a basis for this justification are complete and accurate.

Technical Cognizance:

(Requirements originator)

COR Signature Phone Date

CONTRACTING OFFICER CERTIFICATION – FAR 8.405-6 (Note: Pursuant to FAR 8.405- 6(d)(1), this certification also serves as approval of J&A’s not exceeding $650,000.)

I certify that this justification, including its supporting acquisition plan is accurate and complete to the best of my knowledge and belief.

Contracting Officer Signature Phone Date

LEGAL REVIEW

The foregoing J&A has been reviewed for legal sufficiency.

Name and Title Signature Phone Date

APPROVAL OF THE JUSTIFICATION – FAR 6.304

Director J7 Comp AD Signature Phone Date