j&a_-_3015d02_asebo_HW_20191028_-_redacted.pdf

Justification and Approval for other than Full and Open Competition Extension of Services, Sasebo HW Japan

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

2. Description of Action: Contract SP4530-15-D-0002 was awarded on 29 APR 2015 to JFE Kankyo

Corporation with an effective date of 1 JUN 2015. The contract has an 18 month base period and two 18 month option periods. The final option period is due to expire on 30 November 2019. As a result of unanticipated delays in awarding the renewal contract, current contract will be extended six months. The expiration date will be 30 May 2020 with an The current total As a result of this proposed action, the

3. Description of Supplies/Services: Work will consist of the removal, transportation, and disposal of wastes as identified in the Japan Environmental Governing Standards (JEGS) and wastes regulated by Government of Japan (GoJ) as Industrial Waste (IW), Specially Controlled Industrial Waste (SCIW), and Specially Handled Industrial Waste (SHIW). 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 contract by an additional six months to allow sufficient time to award a replacement contract. The 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 SP4530- 15-D-0002 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, amount of wastes on hand, and anticipated waste generation.

In addition to storage capacity issues, the areas would be at risk of not being able to immediately respond to spills, which could lead to environmental issues, fines, cleanup/remediation costs, and political issues with the Government of Japan and United States government. Due to base access requirements, having established contract rates, and establishing agreements with approved transporters and disposal facilities, no company other than incumbent contractor JFE Kankyo Corporation is capable of providing the required services during the 2 month extension period.

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 30 November 2019. JFE Kankyo Corporation is the only responsible source that can currently continue to meet the Government’s need for critical hazardous waste removal and disposal services.

JFE Kankyo Corporation 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 SP4530-15-D-0002 with JFE Kankyo Corporation. As listed above, JFE Kankyo Corporation currently has personnel and equipment mobilized to perform the required work during the interim period. JFE Kankyo Corporation 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 required performance timeframes.

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

10. Other Facts: JFE Kankyo Corporation holds four other USG waste contracts supporting both mainland Japan and Okinawa.

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

Paul Bryan Raduziner Pacific Environmental Protection Specialist

RADUZINER.PAUL.B

RYAN.1162680451

Digitally signed by

RADUZINER.PAUL.BRYAN.116268

Date: 2019.10.21 08:37:13 -10'00'

11. 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: _________________________

Erik Rundquist Contracting Officer

Acquisition Hazardous Division DLA Disposition Services

RUNDQUIST.ERIK.J

AMES.1097008872

Digitally signed by

RUNDQUIST.ERIK.JAMES.109700

Date: 2019.10.21 10:09:30 -04'00'