Fuel Remediation

1. This request for justification for other than full and open competition is to mitigate fuel contamination in response to an overturned HEMTT on I40 westbound at mile marker 238.

2. This approval is for a new firm fixed priced contract using operational and maintenance funds.

3. Estimated Value: is on file and can be obtained through Freedom of Information Act Procedures.

4. Statutory Authority: the Federal Acquisition Regulation (FAR) 6.302-2, Unusual and Compelling Urgency.

5. At 1:00 PM on February 9, 2017, leadership informed Randal Halbrooks a HEMTT tanker containing approximately 2000 gallons of JP8 diesel fuel had overturned on I40 westbound at mile marker 238. Initial reports were the vehicle did not appear to be leaking but the Government had to remove the fuel before a wrecker could right the vehicle. The West bound lane of I-40 was closed until the Tennessee Department of Transportation (TDOT) could declare the area safe.

6. Efforts to identify other contractors were not made due to the unusual and compelling urgency of the situation. The Tennessee Emergency Compliance Department (TDEC) provided a list of contractors who they authorized to respond to such an emergency. I selected a contractor from the list who indicated they could immediately respond to the incident.

7. Efforts were not made to identify other sources of competition and to conduct market research due to the time constraints and urgency of the situation.

8. There are no other facts to support the use of other than full and open competition.

9. No other firms expressed an interest in this acquisition.

10. No actions to remove barriers to competition will be taken, as urgent and compelling situations such as this do not allow for competitive procedures.