J A_FBO2.pdf

JUSTIFICATION AND APPROVAL

FOR OTHER THAN FULL AND OPEN COMPETITION

FAR 13.106-l(b)(l)

Propane Gas at Yokota Air Base and Tama SA (Cylinder)

Contract FA5209-14-D-0005

I. CONTRACTING ACTIVITY: 374 Contracting Squadron, Unit 5220, APO AP 96328

II. NATURE AND/OR DESCRIPTION OF THE ACTION BEING PROCESSED: This is a

Justification and Approval of a proposed Sole Source contract extension to extend services under the existing contract in accordance with FAR 52.217-8 "Option To Extend Services". In accordance with FAR 17.207, options must have been evaluated as part of the initial competition in order to fulfill requirements of Part 6 regarding full and open competition (Ref: General Accounting Office (GAO) File Nos. B-401472, Major Contracting Service, Inc. 14 Sep 09 and B-401472.2, Department of the Army - Reconsideration, 7 Dec 09). The current contract didn't included FAR 52.217-8 and specific evaluation of FAR 52.217-8 did not occur at time of award.

The type of contract is a requirement. The RequestingActivity proposes to extend the contract period for 2 months (1 Jul 2015 to 31 Aug 2015) with incumbent contractor, Nihon Energy K.K., to acquire the follow-on Propane Gas at Yokota Air Base and Tama SA (Cylinder) contract.

III. DESCRIPTION OF SUPPLIES/SERVICES REQUIRED TO MEET THE AGENCY'S NEED:

The governmentrequires extensionof services for two (2) months from 1 Jul 2015 to 31 Aug 2015 under contract FA5209-14-D-0005. The Contractor shall furnish propane gas and maintain propane gas tank at locations specified on the Statementof Work(SOW) with industrial practice and the Japanese law. The frequency of replacing cylinders shall be determined by the Contractor based on the estimated annual consumptionon Appendix A in order to maintainthe seamless supply of propanegas. 374 CES is currently working on replacingan old tank at north side of Bldg 4085 by connectingto a newly installed gas tank at south side of Bldg 4085 or by simply replacingthe old tank by purchasingan additional new tank. The decision will be made by 374 CES in the late June after coordination and considerations with tank project members. This extension is necessary to re-write the SOW for the follow-on contract in an effort to better define the description required to perform this requirement.

IV. STATUTORY AUTHORITY PERMITTING OTHER THAN FULL AND OPEN

COMPETITION: 10 U.S.C. 2304(c)(1) as implemented by FAR 13.501(a) - Only one responsible source and no other supplies or services will satisfy agency requirements

V. DEMONSTRATION THAT THE CONTRACTOR'S UNIQUE QUALIFICATIONS OR

NATURE OF THE ACQUISITION REQUIRES THE USE OF THE AUTHORITY CITED

ABOVE (APPLICABILITY OF AUTHORITY): To perform this work, the contractor possesses proper registration at the applicable prefectural government under the GOJ (Government of Japan) law on the fair and safety standard of Liquefied Petroleum Gas-(LPG) services (Ekikasekiyugas no hoann no kakitho oyobi torihiki no tekiseika ni kannsuru houritus), and shall furnish the properly licensed individuals and materials to handle propane gas. In addition, approximately lOlea cylinders will need

FOR OFFICIAL USE ONLY

NOT APPLICABLE AFTER AWARD

. Page 1 of3 for this requirement. Since extension of service starts 1 Jul 2015, it is unrealistic for a newly awarded contractor to acquire these number of cylinders in a few days for a two (2) month contract period.

VI. DESCRIPTION OF EFFORTS MADE TO ENSURE THAT OFFERS ARE SOLICITED

FROM AS MANY POTENTIAL SOURCES AS DEEMED PRACTICABLE: IAW FAR 13.501

(a)(l)(iii), this justificationwill be postedon the Federal Business Opportunity (FBO) site, the Government Pointof Entry, at http://www.fbo.gov/ within 14days afterexecution of the modification.

VIL DETERMINATION BY THE CONTRACTING OFFICER THAT THE ANTICIPATED

COST TO THE GOVERNMENT WILL BE FAIR AND REASONABLE: Prices for this extension will be the same as evaluated at time of award. Price fairness and reasonableness was determined based on adequate price competition obtained at time of initial award. Market research of economic data obtained from Statistics Bureau, Ministry of Internal Affairs and Communicationsat http://www.stat.go.jp/data/cpi/sokuhou/tsuki/pdf/zenkoku.pdfdoes notindicate any substantial changes in thegeneral economy thatwould affect thecost of performance (Consumer Price Index in Japan forsince from Apr 2014 to the mostcurrent dataof Apr2015 range from 102.9 to 103.9); as a result from market research, no significant adjustment factors were identified; therefore , the contract amount for the two(2) months extension in the amount of determined fair and reasonable.

VIII. DESCRIPTION OF THE MARKET RESEARCH CONDUCTED AND THE RESULTS, OR

A STATEMENT OF THE REASONS MARKET RESEARCH WAS NOT CONDUCTED: Since extension of service starts 1 Jul 2015, it is unrealistic to issue a solicitation and award a new contract for this requirement. Reacquisition of a follow-on contract is in process. Full and open competition will be utilized.

IX. ANY OTHER FACTS SUPPORTING THE USE OF OTHER THAN FULL AND OPEN

COMPETITION: Reacquisition of a follow-on contract is in process. Full andopencompetition will be utilized.

X. LIST OF SOURCES, IF ANY, THAT EXPRESSED INTEREST IN THE ACQUISITION: N/A

XI. A STATEMENT OF THE ACTIONS, IF ANY, THE AGENCY MAY TAKE TO REMOVE

OR OVERCOME ANY BARRIERS TO COMPETITION BEFORE MAKING SUBSEQUENT

ACQUISITIONS FOR THE SUPPLIES OR SERVICES REQUIRED: The Acquisition Team is confident that utilization of the new performance period under the renewal contract will prevent any future barriers to competition.

XII. CONTRACTING OFFICERS CERTIFICATION: The Contracting Officer certifies this justification is accurate and completes to the best of his/her knowledge and belief. Pursuant to FAR

13.501 (a)(l)(i), this justification for other than full and open competition is determined justified and in the best interest of the Government. Therefore, full and open competition need not be provided for the extended two-month period under FAR 52.217-8, Option to Extend Services.

XIII. TECHNICAL/REQUIREMENTS PERSONNEL'S CERTIFICATION: As evidenced by their signatures on the Coordinationand Approval Document,the technical and/or requirements personnel have certified that any supportingdata containedherein,which is their responsibility, is both accurateand complete.

FOR OFFICIAL USE ONLY

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COORDINATION AND APPROVAL DOCUMENT

The Option to Extend Services will be exercised for a period of two (2) months to provide Propane Gas at Yokota Air Base and Tama SA (Cylinder), under the authority of 10 U.S.C. 2304(c)(1), only one responsible source and no other supplies or services will satisfy agency requirements for the two month period.

Contracting Activity: 374 CONS/LGCZA Assurance of Funds Letter from 374 CPTS: Email Dated 25 Jun 2015

Project/Program Name : Propane Gas at Yokota Air Base and Tama SA (Cylinder) Estimated Contract Cost (including options):

Authority: 10 U.S.C. 2304(c)(1) as implemented by FAR 13.501(a) Type J&A: Individual

Coordination: DATE

SIMONITSCH.ROBERT.M.116 «H^^

cn=SIMONITSCH.ROBERT.M.116275

Date: 2015.06.2613:57:16 +09'00'

9 7 COO"J A cn=SIMONITSCH.ROBERT.M.1162753874

26 Jun 15

ROBERT M. SIMONITSCH

Chief, Service Contracts

Approved by:

MASTbR5.DRI I I ANY.N MASTERS.BRITTANY.NICHOLE.1 294634742 DN: c=US, o=U.S. Government, ou=DoD, ou=PKI, If" HO I F 1 9 Q4.fi *\ATIA~) ou=USAF,cn=MASTERS.BRITTANY.NICHOLE.1294634742 IV-1 l\-/l_l_. I ^y*TUJt/ "TZ. Date:2015.07.10 13:37:52+09'00'

. 10 Jul 15

BRITTANY N. MASTERS

Contracting Officer

FOR OFFICIAL USE ONLY

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