A02-Justification Approval (JA)- PO W91B4N20P5020-redacted X.PDF

For All Actions At or Below the Simplified Acquisition Threshold Use for FAR Part 8, FAR Subpart 13.1

Control No: JA-FY20-1

Version February 2017

Memorandum for Record Limiting Competition at or below the Simplified Acquisition Threshold

1. Contracting Activity: Regional Contracting Center-Afghanistan Bagram Air Force Base, APO, AE 09354

2. Description of Action:

Nature: X New Requirement Follow-on Requirement

Contract Vehicle: X Purchase Order Number _W91B4N-20-P-5020 Blanket Purchase Agreement (BPA) Number Order/BPA# against FSS Contract # Order # against Multiple Award IDIQ Contract Name or # Order # against a single award IDC Contract

Modification # to existing PO/TO/DO/Call Order

Pricing/Contract Type: X Fixed Price Time & Materials/Labor Hours Cost Reimbursable Hybrid

Funds: Operations & Maintenance, Army (OMA) X Other Funds: _ASFF

FY: 2019/2020

Name of Proposed Contractor(s) and Address:

XXXXX

Brand Name Buy: Yes X No

3. Description of Services or Supplies: Supply and delivery of JP-8 Aviation Fuel to the ANDSF site at Farah. The Contractor shall provide all personnel, equipment (i.e.

required vehicles), supplies, transportation, tools, materials, supervision, all other items, and other ancillary non-personal services necessary to deliver JP-8 Aviation Fuel to Farah. The Contractor shall accomplish as a Free on Board (FOB) Destination delivery all required sourcing, transportation to delivery locations, and delivery of fuel into specified aircraft or storage containers at the delivery location. The Contractor shall be responsible for all security of tank vehicles, personnel and all petroleum products being transported. ANDSF operational requirements for this commodity may vary in quantity, Control No: JA-FY20-13 duration, and delivery suspense; the Contractor shall maintain sufficient operational flexibility to satisfy this requirement.

The requirement of the ANDSF for this planned Purchase Order over a six 1/2 (6 ½) month period, has an total maximum volume of 615,418 liters of aviation fuel for Farah.

A summary of the estimated aviation fuel requirement and the estimated price of this fuel, split out by base period is as follows:

Purchase Order Period of Performance:

Base: 16 January 2020 to 31 July 2020

4. Authority: Select the appropriate authority below:

X 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.

Or

FAR 8.405-6(a)(1)(i)(B) and 8.405-6(b)(1)Brand Name FAR 8.405-6(a)(1)(i)(A) Urgency FAR 8.405-6(a)(1)(i)(B) Only One Source is Capable FAR 8.405-6(a)(1)(i)(C) Logical Follow-on

Or

FAR 16.505(b)(2)(i)(B) Only One Awardee is Capable

FAR 16.505(a)(4) Brand Name FAR 16.505(b)(2)(i)(A) Urgency FAR 16.505(b)(2)(i)(C) Logical Follow-on

FAR 16.505(b)(2)(i)(D) Minimum Guarantee

5. Reasons for Authority Cited:

XXX was awarded a Firm Fixed Price (FFP), Indefinite Delivery Indefinite Quantity

Version February 2017

Period Fuel Quantity Price Per Liter IGE Price 16 Jan 2020 31

Jan 2020 615,418 liters $X.XX $X,XXX,XXX.XX

Version February 2017

Use for FAR Part 8, FAR Subpart 13.1

Control No: JA-FY20-13 (ID/IQ) contract W91B4N-19-D-0006 for site location Region 2 (which includes Farah) on 18 Nov 2018.

As of 11 January 2020, XXX had been failing to meeting contractual requirements to provide aviation fuel to the Afghan Air Force Farah location for an extended period of time. This had a material impact on AAF aerial operations with which included preventing casualty evacuations (CASEVAC) missions. XXX claimed that fuel resupply was on the way however such claims have been made before and were either significantly delayed, intercepted by insurgents or the shipment did not take place. There has also been a history of failed fuel tests with the incumbent, which equally results in the location running out of fuel.

Given the immediate requirement that was not being met by the incumbent at Farah, and might shortly not be , a replacement contractor was needed right away.

Also, given the importance of this requirement the U.S Government cannot risk of nonperformance through unproven contractors. The proposed contractor, XXX had already prepared fuel, personnel and equipment to go to Farah. The Government had not directed or given indication to XXX that an emergency purchase order would be issued, however the Government had asked responsible fuel vendors about the capability to deliver to Farah. Based on prior emergency purchase orders covering aviation fuel locations where incumbent XXX failed contract performance, XXX took the initiative to preposition itself for immediate deliveries, and by this gambit made itself the party capable of delivering aviation fuel soonest.

The lack of aviation fuel supply critically harms the Afghan Air Force's (AAF) ability to directly assist the Afghanistan National Army (ANA) in achieving operational objectives within the region. Without JP-8 Aviation Fuel no operational sorties, including direct fire support or airlift, would be possible from Farah in support of fielded forces. This would also impact the ability of ANDSF to achieve their short term operational objectives, potentially compromise progress made by the AAF and ANA in successful full spectrum operations, and the AAF reputation in supporting the ANA in the field. These factors tie directly to reducing risk of Afghan military service members, and potential TAAC forces and loss of life. Only a vendor with proven capabilities is suitable, since a non-endangering ANDSF and coalition forces. Therefore, a purchase order issued on a urgency basis to XXX is the best means of alleviating the immediate risk posed with Farah having no aviation fuel.

Alternatives:

1) Enduring a lack of supply deliveries: This is not a viable alternative as this action is contrary to AAF mission success. The JP-8 Aviation Fuel provided by this contract is directly tied to military operations in Afghanistan and cannot cease without causi war fighter.

Control No: JA-FY20-13

2) Use of in-house resources: This is not a viable alternative as the U.S.

Government has limited in-house resources available to supply fuel to these locations. Furthermore, the use of in-house resources must comply with an existing bi-lateral international support agreement between the U.S. Government and the Government of the Islamic Republic of Afghanistan (GIRoA) at a cost of almost three (3) times the cost of fuel under this contract and potentially impacting the fuel available for U.S. air combat operations.

3) Competition of the requirement: The administrative process required for awarding a competitive requirement would take at least a month and the mission requires an immediate availability of aviation fuel at Farah.

6. Publicizing Contract Actions: For FAR Part 13 actions, the public display and synopsis requirements of FAR 5.101 and FAR 5.203 do not apply due to the $ threshold, apply and will be followed, or X do not apply due to an exception at

5.202 (a)(2) .

Requirement to post justification in accordance with FAR 8.405-6(b)(3), FAR 13.105(c), or FAR 16.505(a)(4)(iii)(A)

Action is NOT a brand name restriction and is under $150K, no posting required

Action is a brand name restriction, under $25K, no posting required Action is a brand name restriction, over $25K. It will be redacted and posted with the solicitation.

Action is a brand name restriction over $25K but will not be posted due to exception:

FAR 6.305(f) FAR 8.405-6(b)(3)(iii)(A) FAR 8.405-6(b)(3)(iii)(B) FAR 8.405-6(b)(3)(iii)(C) FAR 16.505(a)(4)(iii(C)

7. Market Research: Since the award of the incumbent contract W91B4N-19-D-0006 on 18 November 2018(Region 2, includes Farah), 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. Multiple contractors were considered for this award but it is the

Use for FAR Part 8, FAR Subpart 13.1

Control No: JA-FY20-13 aviation fuel rapidly enough to the mission needs with an acceptable level of confidence.

Prior to this urgent requirement for Farah the Government requested the delivery capability in response time of responsible vendors to all 28 Afghan Air Force sites For responsible vendors, the Government contacted companies known to have successfully performed fuel deliveries on Government contracts. Of the responsible vendors surveyed ( , , XXX stated it could make deliveries within day.

8. Other Facts: N/A

9. Technical/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 XXXXXX Date:

Title: Director, Logistics Operations (CLIII/CLV)

OF-5 Combined Security Transition Command / Operational Support Logistics (CSTC-A / OS LOG)

Signature:

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

I hereby also determine that the anticipated cost or price to the Government for this contract action will be fair and reasonable based upon:

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

As a part of this basis, certified cost or pricing data is not required because the item and/or services being acquired are considered commercial.

Digitally signed by

XXX

XXXXX XXXXXX XXXXX

XXX

XXX

Control No: JA-FY20-13

Version February 2017

Typed Name: XXXXX XXXXX Title: Contracting Officer

Signature:

Approval

I certify that this justification is accurate and complete to the best of my knowledge and belief, and that completing this purchase as a sole source is in the best interest of the Government. Additionally, I approve this justification to limit competition subject to the availability of funds and provided that the services or supplies herein described have otherwise been authorized for acquisition.

Typed Name: XXXXX XXXXX Title: Contracting Officer

Signature:

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