J&A_-_14D07_Richmond_9-18_-_redacted.pdf

Justification and Approval for other than Full and Open Competition Extension of Services, Richmond, VA

1. Contracting Activity: DLA Disposition Services, J-76

2. Description of Action: Contract SP4500-14-D-0007 was awarded on 25 Feb 2014 to American Environmental Services, Inc with an effective date of 25 March 2014. Both option periods on this contract have been exercised. The second option period, which is the final option period, will expire on 24 September 2018. As a result of unanticipated delays in awarding the renewal contract, the second option period will be extended two months, resulting in an expiration date of 25 November 2018 with an

3. Description of Supplies/Services: Work will consist of the removal, transportation and disposal of RCRA hazardous wastes, non-RCRA wastes, State-Regulated wastes, Non-State Regulated wastes, Universal Wastes, Compressed Gas Cylinders, and Polychlorinated Biphenyls (PCBs) located on military installations in the states of Virginia and West Virginia. The Contractor agrees to provide all services necessary for the transportation, final treatment, disposal, and/or recycling of the items listed in the schedule in accordance with (IAW) all local, state, and federal laws and regulations, and the terms and conditions of this contract. These services shall include all necessary personnel, including applicable Subcontractors, labor, transportation, equipment, and the compilation and submission of all documentation required by this contract. All items, regardless of the condition, are being discarded by the Government and will require recycling or disposal as identified via the ordered Contract Line Item Number (CLIN).

4. Authority Cited: 10 U.S.C. 2304(c)(1), Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements as authorized by FAR 6.302-1.

5. Reason for Authority Cited: 10 U.S.C. 2304(c)(1), as implemented by FAR parts 5.202(a)(11) and 6.302-1, only one responsible source and no other services will satisfy the requirement is cited. Not exercising the option would cause unacceptable delays in fulfilling the Government’s requirement for these services. (See 10 U.S.C. 2304(c)(1) or 41 U.S.C. 3304(a)(1)). The proposed contract modification will be issued pursuant to the authority of FAR 52.217-8, Option to Extend Services, which is included in the current contract.

The Government has a need to extend the second option period by an additional two months to allow sufficient time to award a replacement contract. The Richmond, VA contract requires uninterrupted hazardous waste disposal/management services to meet their mission, and to remain environmentally compliant and safe. A new solicitation for this action would require a longer period of time to provide the services required and would result in a break in service for the customer. A break in service would result in serious financial injury to the Government. Any disruption to the services currently being performed under contract SP4500-14-D-0007 would lead to a disruption or mission failure. Without contract coverage the area is at a high risk of compliance issues regarding the regulatory storage time limits, as they already have a significant amount of hazardous waste requiring removal. These are critical services, as no hazardous waste products may exceed ninety (90) calendar days total storage time period for shipment to an off-site disposal facility. If the ninety (90) calendar day regulatory timeframe is exceeded, the installation may be subject to fines up to $25,000 per day per individual location by the Environmental Protection Agency (EPA). In addition to storage issues the area would be at risk of not being able to immediately respond to spills, which could lead to environmental issues, fines, and higher cleanup/remediation costs.

6. Efforts to Obtain Competition: It is not practical, nor in the Government’s best interest, to competitively award a bridge contract for the interim period between the end of the current contract and the award of the follow-on procurement. The competitive process does not allow sufficient time to acquire services for the interim period. Given the current procurement lead time it is not possible to compete and award the replacement contract or a competitive short term bridge contract prior to 24 September 2018. AES is the only responsible source that can currently continue to meet the Government’s need for critical hazardous waste removal and disposal services. AES is the incumbent contractor, and already has personnel and equipment mobilized to perform the required work during the interim period. Transferring this work to another contractor would incur substantial duplication of cost and adversely impact required performance timeframes.

7. Price/Cost Consideration:

8. Market Research: It is determined that a market survey is impractical, as it would not generate any additional sources capable of satisfying the requirements within the urgent time extension required. In addition, a new IDIQ contract will replace the current contract SP4500-14-D-0007 with AES. As listed above, AES currently has personnel and equipment mobilized to perform the required work during the interim period. AES has the knowledge and experience required to maintain uninterrupted hazardous waste services. Transferring this work to another contractor would incur substantial duplication of cost and adversely impact the requirement performance timeframes. Any disruption in the current performance timeframes could adversely affect the mission and could put this at risk of EPA storage violations. No hazardous products may exceed ninety (90) calendar days; total storage time prior to shipment to an off-site disposal facility. If the ninety (90) calendar days; regulatory timeframe is exceeded, the installation may be subject to fines up to $25,000.00 per day.

9. Actions Being Taken to Overcome Barriers to Competition: A competitive with exclusions replacement solicitation is in process and will be awarded as soon as practicable.

10. Other Facts: N/A

11. 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.

DATE:_________________ ____________________________________

Christine Dustin Environmental Protection Specialist

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

Approval

Based on the foregoing justification, I hereby approve the procurement of a 52.217-8 Extension of Hazardous Waste Services on an other than full and open competition basis pursuant to the authority of 10 U.S.C. 2304(c)(1), subject to the availability of funds, and provided that the services and property herein described have otherwise been authorized for acquisition.

DATE: _____________________________________

Michelle Watson Contracting Officer Acquisition Hazardous Division DLA Disposition Services

WATSON.MICHEL

LE.L.1260903850

Digitally signed by

WATSON.MICHELLE.L.126090385

Date: 2018.08.20 14:00:45 -04'00'

DUSTIN.CHRISTIN

E.M.1379520002

Digitally signed by

DUSTIN.CHRISTINE.M.1379520002

Date: 2018.08.21 09:55:50 -04'00'