19BF5025P0733 - JOFOC - Sun Oil.pdf

JUSTIFICATION AND APPROVAL (J&A)

FOR OTHER THAN FULL AND OPEN COMPETITION

PURSUANT TO FAR SUBPART 6.3

1. Identification of the agency and the contracting activity:

This is a justification for other than full and open competition for an acquisition being conducted by the Department of State, Drug Enforcement Administration, Nassau, Bahamas.

2. Nature and/or description of the action being approved.

Refuel gasoline tank with 3250 gallons of gasoline and Diesel tank with 1250 gallons of diesel fuel.

3. A description of the supplies or services required to meet the Agency’s needs

(including estimated value).

The requirement is to provide gasoline and diesel fuel at U.S. Embassy OPBAT Facility Georgetown, Exuma . The estimated value for the entire period of performance is $24,112.00. These services require that the gasoline and diesel fuel tanks are refueled.

This will allow the DEA Aviation Division to accomplish their daily operations at this facility.

4. An identification of the statutory authority permitting other than full and open competition. This acquisition is conducted under the authority of 41 U.S.C. 3304, as implemented by FAR 6.3 and substantiated by the following:

☒ FAR 6.302-1 – Only one responsible source and no other supplies or services will satisfy agency requirements.

☐ FAR 6.302-2 – Unusual and compelling urgency.

☐ FAR 6.302-3 – Industrial mobilization; engineering, developmental, or research capability; or expert service.

☐ FAR 6.302-4 – International Agreement.

☐ FAR 6.302-5 – Authorized or required by statute.

☐ FAR 6.302-6 – National Security.

☐ FAR 6.302-7 – Public Interest.

5. A demonstration that the proposed contractor’s unique qualifications or the nature of the action require use of the authority cited.

Sun Oil (Exuma Depot) is uniquely qualified to provide these services to DEA Aviation based upon the following:

a. They are the only vendor on the island who can supply the fuel. Due to the geographic location of Exuma and its small population, there is insufficient demand for services to result in multiple vendors for the same service.

6. A description of efforts to ensure that offers are solicited from as many potential sources as is practicable, including whether a notice was or will be publicized as required by FAR Subpart 5.2 and, if not, which exception under FAR 5.202 applies.

A search was completed on line, using BahamasLocal.com and calls to companies in Nassau to see if they offered these same services in Exuma. No other vendor was identified. This will not be publicized under the exception provided in FAR 5.202

7. A determination by the Contracting Officer that the anticipated cost to the

Government will be fair and reasonable.

Fuel prices in the Bahamas are set by the Government of the Bahamas and individual wholesalers/retailers do not have the ability to change the price. These prices vary by island – the price in Nassau is not necessarily the price in Exuma. The family island prices are set higher and even if there was an alternative vendor the price would be the same.

8. A description of the market research conducted (see part 10) and the results or a statement of the reason market research was not conducted.

See 6. Procurement is not on the ground in Exuma and exhausted all possible means to find a competitor.

9. Any other facts supporting the use of other than full and open competition.

N/A

10. A listing of the sources, if any, that expressed, in writing, an interest in the acquisition.

N/A

11. A statement of the actions, if any, the agency may take to remove or overcome any barriers to competition before any subsequent acquisition for the supplies or services required.

Unless or until there is another vendor on the island of Exuma to provide this service, there will not be any way to compete the action.

CERTIFICATIONS

TECHNICAL AND REQUIREMENTS CERTIFICATION - FAR 6.303-2(c)

I certify that any supporting data under my cognizance and which form a basis for this justification are complete and accurate to the best of my knowledge and belief.

Carol Thomas ASAC Secretary Aviation Division oci/1r1. /ao~~ Date

* NATIONAL SECURITY CERTIFICATION (FAR 6.302-6; DOSAR 606.302-6) I certify that the national security concerns of the referenced acquisit ion(s) meet the criteria set forth in

Executive Order 12958 as Amended (Dec 31, 2009) and FAR 6.302-6.

SIGNATURE:

Name Chief, Controls Division, Office of

Intelligence liaison, Directorate for Coordination, Bureau of Intelligence and Research

OR

Chief, Informat ion Security Programs

Division, Office of Informat ion Security Technology, Bureau of

Diplomatic Security

CERTIFICATIONS (Continued)

Date

CONTRACTING OFFICER CERTIFICATION - FAR 6.303-2(b)(12)

I certify that this submission is accurate and complete to the best of my knowledge and belief.

SIGNATURE:

Name Date Contracting Officer Insert Office and Office Symbols

APPROVALS

BRANCH CHIEF

Branch Chief

DIVISION DIRECTOR

SIGNATURE: (if over $750,000)

Division Director

LEGAL SUFFICIENCY REVIEW (if over $750,000) This justification is hereby determined to be legally sufficient.

Title Office of the Legal Adviser, Buildings and Acquisitions (L/BA)

DEPARTMENT COMPETITION ADVOCATE REVIEW AND CONCURRENCE - FAR 6.502(a)(2) (if over $750,000)

Competition Advocate

HEAD OF THE CONTRACTING ACTIVITY - FAR 6.502(a)(3) (if over $15 million)

Head of the Contracting Activity

SENIOR PROCUREMENT EXECUTIVE OF THE AGENCY - FAR 6.304(a)(4) (if over $75 million)

Michael W. Derrios Date Senior Procurement Executive

Office of Procurement Executive NOTE: Required signatures are based on the threshold noted above. Remove signature blocks that aren’t applicable based on these thresholds.