RedactedREFUSEJA8SEP14.pdf

FDO/ MICC Control No. WSMR 14-39

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JUSTIFICATION AND APPROVAL

FOR OTHER THAN FULL AND OPEN COMPETITION

(Actions NTE $650K for other than Simplified Acquisition Procedures)

1. Agency/Contracting Activity: Mission and Installation Contracting Command – White Sands Missile Range, New Mexico

2. Description of Action: Approval is requested to issue a modification to extend the Refuse Collection Services Contract with EGL Construction, Inc. for six months due to unexpected delays with development of the acquisition package and strategy for the follow-on requirement.

The estimated timeframe for this extension is 1 September 2014 through 28 February 2015. The extension will be in accordance with FAR 52.217-8, “Option to Extend Services” clause which is included in the contract but was not evaluated as part of the original contract award.

Nature: New Requirement Follow-on Requirement Mod to Existing Purchase Order/Contract Number W9124Q-11-D-0123

Pricing: Firm-Fixed Price Time & Materials Cost

Funds: OMA Other Funds:

Name of Proposed Contractor(s): EGL Construction, Inc.

Street Address: 5417 Dailey Ave.

City, State, Zip: El Paso, TX 79905-1720 Phone: 915-525-2302

3. Description of Services or Supplies:

The total estimated value of the proposed action is $257,479.81. This value represents the total amount that exceeds the 8(a) competitive threshold of $4M. Estimated value of the extension is $406,388.23.

The contractor shall provide all personnel, equipment, tools, materials, vehicles, supervision, and other items and services necessary to perform refuse service at White Sands Missile Range (WSMR) in accordance with regulations from the New Mexico Environment Department Solid Waste Bureau. The Contractor will perform the same work as described in the Performance Work Statement (PWS) to include refuse collection and disposal, Special Events, Other Refuse Services to include service for other mission support, i.e. Network Integration Enterprise (NIE), and Other Trash to include large items, i.e., inert waste, furniture, electrical waste, etc.

4. Authority:

Actions other than simplified acquisition procedures (select one):

FAR 6.302-1: Only one responsible source and no other supplies or services will satisfy agency requirements, 10 USC 2304(c)(1)

FAR 6.302-2: Unusual and compelling urgency, 10 USC 2304(c)(2)

FAR 6.302-5: Authorized or Required by Statute, 10 USC 2304(c)(5)

FDO/ MICC Control No. WSMR 14-39

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Other:

5. Reasons for Authority Cited:

The incumbent contractor is the only source that has the necessary equipment and personnel to immediately perform all the required services without disruption or delay until the 8(a) competitive follow-on contract can be solicited, negotiated, and awarded. These services are needed on a continuous basis in order to support the mission of WSMR. Award to any other source would negatively impact WSMR’s ability to maintain a healthy and clean environment for the workforce.

Any delay or intermediate change of contractor will result in adverse health and safety conditions for all personnel if refuse is left stagnant on the Installation which would be in direct violation of the Code of Federal Regulations 40 CFR 243.202-1 and OSHA Regulation 1910.1419(a)(4) Waste Disposal. This would cause the Government to incur significant costs for environmental violation fines, pest removal, and the initial pickup service and dumping fees on the new contract.

EGL Construction is familiar with all facets of the contract and can readily continue support with no transition which is highly desired. The Contractor is familiar with security procedures required to enter WSMR, dumpster locations, and service pickups for each dumpster without causing any delays and avoiding any health hazards. The issuance of a six month extension pursuant to FAR clause 52.217-8 is the only contract vehicle that can be negotiated and awarded prior to expiration of the current contract option on 31 August 2014.

6. Actions to Increase Competition:

Sufficient competition for the follow-on contract is anticipated based on market research conducted. It is anticipated that the competitive follow-on contract will be awarded 31 January 2015 to provide Refuse Collection Services for WSMR, NM.

7. Market Research:

A synopsis for this extension was posted on the FedBizOpps website on 6 August 2014. No responses were received from any interested parties.

However, market research has been conducted for the follow-on requirement and adequate competition is anticipated. A special notice was posted on the FedBizOpps website in May 2014 in search of qualified contractors to perform the follow-on requirement. Seven contractors responded to the notice; all but one contractor was in the 8(a) program.

8. Procurement History:

Previous Purchase Order(s) or Contract(s): Yes No

If "Yes", for each purchase order or contract provide:

Purchase order or contract number:

W9124Q-06-C-0087 Was each action competed? Yes No

The previous contract (W9124Q-06-C-0087), as with the current contract, was directly awarded under the authority the 8(a) Small Business Program under Section 8(a) of the Small Business Act (15 USC 637(a)(1)) and FAR Part 19.8, and the executed Partnership Agreement between the U.S. SBA and the Department of Defense.