J&A - 15D11 Anniston 20200107 redacted.pdf

Justification and Approval for other than Full and Open Competition Extension of Services, Anniston, AL

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

2. Description of Action: Contract SP4500-15-D-0011 was awarded on 15 July 2015 to Tri-State Government Services Inc. (Tri-State) with an effective date of 15 July 2015. The contract has an 18 month base period and two 18 month option periods. The Second Option Period will expire on 14 January 2020. Due to delays in awarding the renewal contract, the contract will be extended four months, resulting in an expiration date of 14 May 2020 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 and around Anniston, AL. 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 Numbers (CLINs).

4. Authority Cited: 10 U.S.C. 2304(c)(2), Unusual and Compelling Urgency as authorized by FAR 6.302-2.

5. Reason for Authority Cited: 10 U.S.C. 2304(c)(2), as implemented by FAR parts 5.202(a)(11) and 6.302-2, Unusual and Compelling Urgency is cited. Not extending the services would cause unacceptable delays in fulfilling the Government’s requirement for these services. See 10 U.S.C.

2304(c)(2) or 41 U.S.C. 3304(a)(2). 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 contract by four additional months to allow sufficient time to award a replacement contract. The generators require uninterrupted hazardous waste disposal and 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 SP4500-15-D-0011 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 $70,117.00 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 award a bridge contract for the interim period between the end of the current contract and the award of the follow-on procurement. The process does not allow sufficient time to acquire services for the interim period. Given the current procurement lead-time, it is not possible to award the replacement contract or a short-term bridge contract prior to 14 Jan 2020. Tri-State is the only responsible source that can currently continue to meet the Government’s need for critical hazardous waste removal and disposal services. Tri-State 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 SP4500-15-D-0011 with Tri-State. As listed above, Tri-State currently has personnel and equipment mobilized to perform the required work during the interim period. Tri-State 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 $70,117.00 per day.

9. Actions Being Taken to Overcome Barriers to Competition: A competitive solicitation with exclusions replacement contract 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.

Patrick O’Keelean Environmental Protection Specialist

O'

KEELEAN.PATRICK.A

LLEN.1097299923

Digitally signed by O'

KEELEAN.PATRICK.ALLEN.109729

Date: 2019.12.20 14:34:08 -05'00'

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)(2), subject to the availability of funds, and provided that the services and property herein described have otherwise been authorized for acquisition.

Michelle Watson Contracting Officer Acquisition Hazardous Division DLA Disposition Services

WATSON.MICHE

LLE.L.126090385

Digitally signed by

WATSON.MICHELLE.L.12609

03850 Date: 2019.12.20 13:08:32 -05'00'