A02-Justification Approval (JA)- IDIQ W91B4N20D3000-redacted X.PDF

Control No:JA-FY20-15

Contractor: XXXXX

Program:JP8 Fuel for ANDSF, MOD,& AAF

JUSTIFICATION REVIEW DOCUMENT

FAR SUBPART 13.5 SIMPLIFIED PROCEDURES FOR CERTAIN COMMERCIAL

ITEMS - SOLE SOURCE JUSTIFICATION AND APPROVAL

Program/Equipment: Aviation fuel to be utilized by Afghanistan National Defense and Security Forces (ANDSF), Ministry of Defense (MoD) Afghan Air Force (AAF)

Authority: Simplified Procedures for Certain Commercial Items, 41 U.S.C. 1903 for Special Emergency Procurement as implemented by FAR Subpart 13.5.

Amount:$ XX,XXX,XXX.XX

Prepared by:

Contracting Officer:

Technical:

Requirements:

Name: XXXXX_XXXXX Title: RCC-A Contract Specialist

DSN: XXX-XXX-XXXX

Date: 01 April 2020

E-mail:_ XXXXX@mail.mil

Name: XXXXX_XXXXXX Title: Contracting Officer E-mail: XXXXX@mail.mil

DSN: XXX-XXX-XXXX

Date: 01 April 2020

DSN: XXX-XXX-XXXX

Date: 09 April 2020

Name: XXXXX_XXXXX Title: COR & Logistics Advisor E-mail:_XXXXX@mail.mil

Name: XXXXX_XXXXX Title: CSTC-A OS LOG OIC

DSN: XXX-XXX-XXXX

Date: 09 April 2020

E-mail: XXXXX@mail.mil

Reviews: I have reviewed this justification and find it adequate to support sole source.

Program Manager:

Typed Name: XXXXX_XXXXX

DSN: XXX-XXX-XXXX

Signature:

Version -March 2017 FOR OFFICIAL USE ONLY

Program:JP8 Fuel for ANDSF, MOD,& AAF

Legal Counsel:

Typed Name: XXXXX_XXXXX

DSN: XXX-XXX-XXXX

Signature:

Special Advocate for Competition:

Typed Name: XXXXX_XXXXX

DSN: XXX-XXX-XXXX

Program:JPB Fuel for ANDSF, MOD,& AAF

FAR Subpart 13.5 Simplified Procedures for Certain Commercial Items - Sole Source Justification and Approval

1. Contracting Activity: Regional Contracting Center-Afghanistan (RCC-A)

2. Description of Action: CSTC-A requests a firm-fixed-price with economic price adjustment (EPA) IDIQ contract with XXXXX XXXXX (XXX). The Government projects award for April 2020 and fiscal year 19 ASFF funds will be used.

• An acquisition plan is not required because this procurement does not meet the threshold at Defense Federal Acquisition Regulation Supplement 207.103(d)(i)(B).

This action is a follow-on to competitively awarded purchase orders W91 B4N-20-P-5016 (aviation fuel-Maimana) and W9184N-20-P-5017 (aviation fuel-Qalat), and non competitively awarded purchase orders W91 B4N-20-P-0001 (aviation fuel-Tarinkot), W9184N-20-P-5008 (aviation fuel-Ghazni), W9184N-20-P-5020 (aviation fuel-Farah), W91 B4N-20-P-5022 (aviation fuel-Badakhshan). These purchase orders were not competed under authority FAR 13.106-1 (b)(1): For purchases not exceeding the simplified acquisition threshold (SAT), only one source reasonably available, urgency, exclusive licensing agreements, brand name, or industrial mobilization. For actions to increase competition for the requirement following the aforementioned purchase orders, efforts were made to issue a full and open competitive solicitation, to culminate in a purchase order providing requirement performance from expiration of the purchase orders until 09 October 2021. Those actions were not accomplished due to anticipated complications for source selection procedures due to the COVID-19 pandemic as discussed further below.

3. Description of Supplies/Services: JPB Aviation Turbine Fuel (ATF) to be used by Afghan National Defense Security Force (ANDSF), Ministry of Defense (MOD), Afghan Air Force (AAF).

Period of Performance: 01 May 2020 to 29 April 2021 Total Value:$ XX,XXX,XXX.XX

4. Authority Cited: Simplified Procedures for Certain Commercial Items, 41 U.S.C. 1901 (or 41 U.S.C. 1903 for Special Emergency Procurement) as implemented by FAR Subpart 13.5:

• Unusual and compelling urgency D Exclusive licensing agreements D Industrial mobilization D Other:

5. Reason for Authority Cited:

Version - March 2017 FOR OFFICIAL USE ONLY

Program:JPB Fuel for ANDSF, MOD,& AAF

This requirement is for aviation fuel to be used by the ANDSF MoD. The mission of Operations Resolute Support (RS) and Freedom Sentinel (OFS) is to train, advise, and assist the Government of the Islamic Republic of Afghanistan's (GIROA) mission of establishing peace and stability in Afghanistan and continually reduce the presence of U.S. Forces. Part of this Afghan mission support entails supplying a continuous supply of aviation fuel to Afghan military and police forces. An uninterrupted supply of aviation fuel is critical to enabling and sustaining Afghanistan's independent air support operations. Without reliable aviation fuel contract support in place, Afghan capability to perform critical offensive and defensive missions and the RS and OFS mission will fail.

On 11 March 2020, the World Health Organization (WHO) declared the global COVID-19 outbreak a pandemic, stating it is a "public health crisis." The WHO recommended all countries activate and scale up their emergency response mechanisms utilizing a four pronged approach. Subsequently, on 13 March 2020, the President of the United States made an emergency determination under the authority of the Robert T. Stafford Disaster Relief and Emergency Assistance Act, 42 U.S.C. 5121-5207 (the "Stafford Act") as a result of the related emergency measures deemed necessary to respond to the COVID- 19 pandemic.

The WHO recommend four lines of effort to countries. First, prepare and ready people and your health facilities. Second, detect, prevent, isolate, test, and treat every case in order to break the chain of transmission. Third, reduce and suppress transmission by isolating as many cases as possible and quarantining aggressively. Fourth, innovate and improve ways to prevent infection, save lives, and minimize the deadly impact of the COVID-19 virus.

The Combined Security Transition Assistance Command-Afghanistan (CSTC-A) and Regional Contracting Center -Afghanistan (RCC-A) have experienced second and third order effects impacting organizational capability that threaten aviation fuel contract support. CSTC-A and RCC-A are responsibly complying with the WHO and the Centers for Disease Control and Prevention (CDC) guidance to prevent and mitigate the spread of the deadly COVID-19. Both organizations are required to comply with all Federal, Department of Defense, U.S. Central Command (USCENTCOM), Resolute Support (RS), and Bagram Airfield orders, guidance, and directives and implementing force health protection measures throughout the area of operations to prevent an outbreak of COVID-19 within U.S. personnel (service members, civilians, contractors, and dependents) or confine it to as small a population as possible.

The policies have been implemented by the Commander Resolute Support (COM RS) and Commander Bagram Airfield (COMBAF) for all Coalition Forces elements. They are determinations related to force protection, and specifically for the purpose of health, safety, and welfare of Coalition Forces and necessary for continuing the mission in Afghanistan. These new policies include RS FRAGO 256-2020 which, in pertinent part, states that all non-mission critical intra-theater air movements are suspended. Another new policy is from COMBAF FRAGO 20-029, which prohibits public gatherings as a force protection measure to avoid spread of the virus. Also, USFOR-A FRAGO 20-098

Program:JPB Fuel for ANDSF, MOD,& AAF

MOD 1 suspends travel into theater until such time as quarantine procedures and facilities can be put into place. Additional guidance from COMRS includes that high risk individuals should depart theater and that the reduction in force should continue, resulting in a significant reduction in personnel. These FRAGOs as currently drafted are intended to continue beyond when the Source Selection Evaluation Board (SSEB) would need to take place in order to award the contracts in July 2020.

The limited medical capability, austerity, and hostile threats in Afghanistan increase the order of magnitude even a single case could have on any Forward Operating Base (base). Accordingly, it is imperative that protective measures are implemented and strictly ad he red.

Concurrent with mitigation of the pandemic threat, the mission in Afghanistan must continue. Certain requirements, including aviation fuel to the ANDSF, must maintain a steady state to prevent irreparable mission failure to CSTCA-A's train, advise, and assist mission, as well as present an unacceptable force protection risk to U.S. and coalition forces.

The aforementioned orders and guidance related to COVID-19 render a FAR part 15 source selection (SS), either in-person or virtually, impossible. The SSEB would not be able to convene, to be trained, or to do the proper review of competitive bids. RCC-A does not possess sufficient subject matter experts (SMEs) on-site. Outside organizations possessing qualified individuals are scattered throughout the Combined Joint Operations Area-Afghanistan (CJOA-A) and could not convene at Bagram because of the mandatory travel restrictions implemented by theater orders and guidance.

Additionally, the world-wide DoD travel freeze would prevent supplementing individuals from organizations outside the CJOA-A. Establishing an evaluation work site, as required by the AFARS Source Selection Supplement, is not permitted due to COVID-19 prevention orders. See AFARS Appendix AA, Figure 1-3 (requiring adequate facilities, lodging, and transportation be provided for individuals appointed to the source selection team). Furthermore, based on current guidance, even if the SS team and necessary SMEs were able to get exceptions to policy to come and participate in a SS, the time it would take to obtain such exceptions to policy and the mandatory time in quarantine for all individuals entering the installation would result in delays to the SS process, which would still make timely award impossible.

A virtual SSEB is also not feasible for the aforementioned reasons and because of a lack of CJOA-A-wide network and communications reliability, systems to ensure all SSEB members have access to all SS documents, and the impracticality in coordinating SSEB members for potentially lengthy and in-depth virtual meetings during both contingency operations and dealing with a world-wide pandemic.

Competing this requirement under these circumstances presents two significant risks:

COVID-19's far-reaching impacts in the CJOA-A and a lack of fuel for the ANDSF. Thus, a sole-source to the incumbent mitigates both of these risks. The incumbent is a proven supplier of critical aviation fuel to the ANDSF. Additionally, conducting a SS during this high-risk time risks at least an inadequate, unfair competition; a delayed competition

Program:JP8 Fuel for ANDSF, MOD,& AAF should SS personnel experience restriction of movement, quarantine, or isolation; and a competition that does not represent the best value to the Government.

Finally, given the reduction in forces and the global pandemic, there is great uncertainty about the ability to process and onboard new vendors at these locations. New companies require support including the vendor vetting process, individual vetting of employees, base access badging, medical screening, and biometric enrollment. Future availability of resources to timely process these requirements is uncertain.

6. Efforts to Obtain Competition: The Requiring Activity intended to initiate a CJOA-A wide full and open re-compete of ANDSF aviation fuel contracts which would implement these updated requirements. The period of performance for this re-compete was intended to be from July 31, 2020 through October 09, 2021. The estimated combined value of this re-compete for the two locations currently utilizing a Purchase Order with contractor XXXXX would be less than $13 million total value, divided over the six purchase orders. In September 2021, the follow-on contract would be awarded by ACC-Rock Island who is set to assume control of this requirement. Since this plan was initiated, the COVID-19 pandemic has substantially deteriorated mission capabilities and caused numerous policy initiatives to stop the spread of the virus and protect the force.

Handing this requirement to ACC-Rock Island's reach back support is necessary because of the reduction in forces related to the draw down and peace agreement, which will result in insufficient personnel and resources to handle a SS of this complexity inside the CJOA-A. However, because of the complexity of the requirement and the current world-wide and CJOA-A-wide conditions, handing this requirement fully to ACC-Rock Island now is not currently feasible.

This contract shall be an IDIQ with a one year period of performance / ordering period, and shall not limit Delivery Orders from extending beyond the end of the IDIQ's ordering period. Anything less is not feasible because it is unknown what the status of COVID-19 policies will be at that time and whether the force protection measures currently preventing an SSEB will have actually changed. Current open-source assessments indicate that this is a potentially long-term pandemic with parallels to similar pandemics like the Spanish flu pandemic of 1918, which lasted for two years. See, e.g., https://www.imperial.ac.uk/media/imperial-college/medicine/sph/ide/gida-.

fellowships/lmperial-College-COVI D 19-NPl-modelling-16-03-2020.pdf (suggesting potentially 18 months or more of intensive suppression intervention will be required);

https://www.popsci.com/story/health/covid-19-coronavirus-duration-time/. and https://virus.stanford.edu/uda/. Thus, a twelve (12) month period of performance IDIQ with Delivery Orders which cover until ACC-Rock Island is prepared to assume control of the requirement is necessary.

In accordance with FAR 5.202(a)(2), this action will not be synopsized.

7. Actions to Increase Competition: As discussed above, ACC-Rock Island is already preparing the follow-on contract for this requirement to begin performance in October 2021. This is the minimal amount of time necessary to meet the unusual and compelling requirements of the work to be performed under the contract and for the Army to enter into another contract for the required goods and services through the use of competitive procedures.

Contractor: XXXXX

Program:JPB Fuel for ANDSF, MOD,& AAF

8. Market Research: Since the award of the IDIQ contracts from solicitation W91 B4N- 18-R-2006 in October I November 2018, there have been no significant changes in the marketplace or noted laws or regulations that would hinder the procurement of this supply. Aviation fuels are commercially available public commodities with no unique characteristics, however security requirements within Afghanistan create a unique situation. The Contractor is responsible for the security for all aviation fuel, tanker vehicles, storage containers (if used) and personnel. The Contractor is also responsible for all stages of testing, maintaining, and ensuring the quality of fuel prior to delivery.

These issues create a distinct need for a contractor who can not only provide the quality fuel, but do so consistently to the required locations in the times required.

Market research was conducted in September/October 2019 via a Request for Information (RFI) sources sought notification posted to the Federal Business Opportunities (FBO) website. This RFI sought to assess the capability, interest, and pricing of fuel vendors. The Government augmented the data of responding vendors with information from the Contractor Performance Assessment Reporting System (CPARS), Federal Awardee Performance and Integrity Information System (FAPIIS), and Joint Contingency Contracting System (JCCS). For companies that did not have any responsibility issues preventing or strongly recommending against contract performance, the market research information was refreshed in January 2020. The results of that market research for companies that declared interest and capability for delivery of JPS ATF to the two AAF locations, and have no non-responsibility issues, are shown in the table below.

XXXXX

XXXXX

XXXXX

Interested Vendor List

XXXXX

XXXXX

XXXXX

XXXXX

XXXXX

XXXXX

9. Interested Sources: See market research above

10. Other Facts: a. Procurement history. Previously, this contracting organization competitively awarded IDIQ aviation fuel contracts in FY2017/2018 for the entire CJOA A. Seven IDIQs, one for each of the seven regions, which were then subdivided (individual CLINs) to a total of 28 individual fuel locations across the CJOA-A. While the contractors at 20 of these locations continue to perform adequately, the contractors at the other eight locations were either terminated or work otherwise halted due to a pattern of performance failures. These performance issues, including repeatedly failed fuel quality tests resulting in rejected deliveries, failure to deliver, outright refusal to perform by contractors in certain locations, etc., has repeatedly threatened mission failure. In the areas where the contractor failed to perform, Purchase Orders were put into place awarded to other aviation fuel companies with a proven history of performance, Program:JP8 Fuel for ANDSF, MOD,& AAF competitive pricing identified by ongoing market research, and based on their ability to perform and deliver fuel in a timely fashion so as to prevent mission disruption.

This history of performance issues and spot fixes of purchase orders resulted in lessons learned being applied to more recent contract actions, including things such as maintaining fuel reserve requirements, updated quality testing, and new standard operating procedures for determining when re-supply will be initiated.

At this locations specified in the table below, these performance issues were particularly troublesome under the FY2017/20181DIQ contractor awardee. However, the current incumbent XXXXX (who will also be the awardee of this sole sourced follow-on contract) has been able to consistently perform adequately, unlike predecessors at the same location. During the global pandemic and political instability associated with current events in the CJOA-A and the reduction in forces there is increased risk of similar performance issues with untested new vendors.

AAF location Purchase Order number

Tarinkot W91 B4N-20-P-0001 Ghazni W9184N-20-P-5008 Maimana W91 B4N-20-P-5016 Qalat W91 B4N-20-P-5017 Farah W9184N-20-P-5020 Badakhshan W91 B4N-20-P-5022

11. Technical Certification: 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.

Typed Name: XXXXX_XXXXX Title: TAAC-Air COR & Logistics Advisor

Date: 18 APR 2020

Program:JP8 Fuel for ANDSF, MOD,& AAF

12. Requirements Certification: 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.

Typed Name: XXXXX_XXXXX Title: CSTC-A OS LOG OIC

Date: 18 APR 2020

Program:JP8 Fuel for ANDSF, MOD,& AAF

13. Fair and Reasonable Cost Determination: 11 hereby determine that the anticipated cost to the Government for this contract action will be fair and reasonable.

This determination will be made using the following: price analysis D cost analysis D IGCE D audit: other:

Fair and reasonable prices will be achieved through price analysis of past historical prices for each of the two locations, current market research price data provided by peer fuel vendors, and current petroleum fuel market economic influences. A Pre-negotiation Objective Memorandum (POM) has been created to delineate maximum and minimum negotiation objectives, establishing the range of fair and reasonable pricing, and noting limits for unrealistic or unreasonable pricing.

As a part of this basis, certified cost or pricing data is not required in accordance with FAR 15.403-1 (b)(3) because the item and/or services being acquired are considered commercial.

Typed Name: XXXXX_XXXXX Title: Contracting Officer

Date: 18 APR 20 Signature:

14. Contracting Officer Certification: I certify that this justification is accurate and complete to the best of my knowledge and belief.

Typed Name: XXXXX_XXXXX Title: Contracting Officer

Version - March 2017

Date: 18 APR 20

FOR OFFICIAL USE ONLY

Program:JP8 Fuel for ANDSF, MOD,& AAF

Approval

Based on the foregoing justification, I hereby approve the procurement of JPS Aviation Turbine Fuel on a sole source basis pursuant to the authority of the Simplified Procedures for Certain Commercial Items, 41 U.S.C. 1901 as implemented by FAR Subpart 13.5, and provided that the services or supplies herein described have otherwise been authorized for acquisition.

XXXXX_XXXXX

Special Advocate for Competition

Date:

Si nature: