Description
Justification and Approval for other than Full and Open Competition Extension of Services, Barstow Regional 1. Contracting Activity: DLA Disposition Services, J-76 2. Description of Action: Contract SP4500-17-D-0001 was awarded on 05 December 2016 to Industrial Waste Utilization, Inc. with an effective date of 09 January 2017. This contract consists of one (1) 30-month Base Period, followed by one (1) 30-month Option Period. Due to the recent changes to the bid schedule and the Performance Work Statement, the solicitation review has been delayed, the contract will be extended one month, resulting in an expiration date of 08 February 2022, 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 or around military installations or within a 50-mile radius of any pick up point listed on this contract in the states of California and Nevada. The contractor agrees to provide all services necessary for the final treatment/disposal and removal of the hazardous and/or non-regulated property listed in the Schedule of Services in accordance with the respective national and state environmental laws and regulations. These services shall include all necessary personnel, including applicable subcontractors, labor, transportation, packaging, equipment, and the compilation and submission of all documentation required by this contract to include inspecting, packaging, marking and labeling, loading, unloading, removal, transportation, and disposal/recycling of hazardous/special wastes. 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 one (1) month to allow sufficient time to finalize the solicitation and review process. The Barstow Regional HW contract requires uninterrupted hazardous waste disposal/management services to meet their mission, and to remain environmentally compliant and safe. If the Government were to solicit, analyze, and award a new contract that may only be good for one (1) month, 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 SP4500-17-D-0001 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. 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 new contract considering the need for waste removal located on or around military installations or within a 50-mile radius of any pick up point listed on this contract in the states of California and Nevada. The process does not allow sufficient time to acquire services for the interim period. Industrial Waste Utilization (IWU) is the only responsible source that can currently continue to meet the Government’s need for critical hazardous waste removal and disposal services. IWU has personnel and equipment 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: The extension will be at the rates specified under the option period of the contract. The prices were competed and evaluated at the time of award. The prices were solicited, evaluated, and determined to be fair and reasonable. An informal analysis indicates that there are no changes in the economy that would lead to substantially lower pricing. 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. As stated above, 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 cause storage violations. 9. Actions Being Taken to Overcome Barriers to Competition: A competitive solicitation with exclusions replacement contract is in process. 10. Other Facts: N/A 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)(2), subject to the availability of funds, and provided that the services and property herein described have otherwise been authorized for acquisition.