04_-_FAR_Part_6_JOFOC_4_11_2024_signed_1.pdf

Solicitation No. 89233124RNA000234 Page 1

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

NATIONAL NUCLEAR SECURITY ADMINISTRATION

Air Charter Emergency Services SOLICITATION No. 89233124RNA000234

11 April 2024

I. AGENCY IDENTITY AND CONTRACTING ACTIVITY

The Office of Secure Transportation (OST) (NA-15) of the U.S. Department of Energy, National Nuclear Security Administration (DOE/NNSA) plans to contract for Air Charter Emergency Services (ACES) by means of other than full and open competition. The contracting activity is the Program Support Acquisition Branch (NA-PAS-315).

II. NATURE AND/OR DESCRIPTION OF THE ACTION BEING APPROVED

This document sets forth the justification and approval of the use of one of the exceptions to full and open competition allowed under the Competition in Contracting Act (CICA) of 1984 This new contract action is for a multi-year (5-year) acquisition to CSI Aviation Services, to provide ACES in support of the NNSA/OST.

III. DESCRIPTION OF SUPPLIES AND/OR SERVICES

To support the NNSA/OST requirement, the contractor, CSI Aviation, will be required to provide ACES to augment the NNSA/OST aircraft fleet by providing local, large body cargo, and nonscheduled passenger charter services. The North American Industry Classification System (NAICS) code for this acquisition is 481211 “Nonscheduled Chartered Passenger Air Transportation” with a size standard of 1,500 employees.

The estimated ceiling value for this action is $379,140.00 for a period of 1 August 2024 to 31 July 2029.

IV. AUTHORITY

The statutory authority permitting other than full and open competition is 10 U.S.C.

3204(a)(1), as implemented by the Federal Acquisition Regulation (FAR) Subpart.

6.302-1 entitled, “Only one responsible source and no other supplies or services will satisfy agency requirements.”

V. APPLICATION OF AUTHORITY

FAR 6.302-1(b)(1)(i) specifies full and open competition need not be provided for when there is a reasonable basis to conclude that the agency’s minimum needs can only be satisfied by unique supplies or services available from only one source or only one supplier with unique capabilities. Based on the market research discussed herein, CSI

Solicitation No. 89233124RNA000234 Page 2

Aviation is the only contractor that can support OST’s Air Charter Emergency Services requirements by providing local (Albuquerque, NM) emergency charter services without charging a “standby fee.”

VI. EFFORTS TO IDENTIFY ADDITIONAL SOURCES

The Contracting Office performed informal market research in searching for local small business concerns with similar capabilities utilizing SBA’s Small Business Dynamics Search tool.

Based on market research CSI is the only local small business entity with the capability of providing local, large body cargo, and nonscheduled passenger charter services.

To determine qualified vendors, a Notice of Intent to issue a sole source award was issued on the Government point of Entry (GPE) on March 21, 2024, with a response due date of April 5, 2024. From this notice, no interested parties submitted a response, which validated that the Government’s assessment that there is only one responsible small business concern that can meet the requirement.

VII. DETERMINATION OF REASONABLENESS OF COST OR PRICE

It is the determination of the Contracting Officer that the anticipated costs will be fair and reasonable based on historical data of the previous contract, which is also based on a GSA Schedule price list.

VIII. MARKET RESEARCH

Reference VI above.

IX. OTHER FACTS

There are no other factors supporting the use of other than full and open competition.

X. INTERESTED SOURCES

No other sources expressed an interest in the acquisition.

XI. STEPS TO FOSTER COMPETITION

Steps that will be taken to reduce barriers to competition before any subsequent acquisition of these services are to continue conducting market research within the local Small Business community, with the assistance of SBA’s Procurement Center Representative, to identify potential sources for future follow-on requirements.

XII. CERTIFICATIONS

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FAR 6.303-1(c) Technical and requirements personnel are responsible for providing and certifying as accurate and complete necessary data to support their recommendation for other than full and open competition.

Acquisition Initiator/Technical Representative:

I certify that the facts and representations under my cognizance, which are included in this justification, and which form a basis for this justification, are complete and accurate.

Alexander R. Bapty Date Director, Aviation Operations Division, NA156.3

Contracting Officer:

I certify that this justification is accurate and complete to the best of my knowledge and belief. Since this effort does not exceed $750K, this certification serves as APPROVAL.

Dalila T. Burton Date Contracting Officer Program Support Acquisition Branch, NA-PAS-315