JA 20-0029.pdf

Justification for Other Than Full and Open Competition (Cont’d)

(DGCI, SPE605-20-P-9774, SPE605-20-P-9782)

process of obtaining a permit for access to . The U.S. Government does not have the authority to process permits at since it is operated by the

3. Description of supplies or services required to meet the agency’s need (including estimated value) (FAR 6.303-2(b)(3)):

The product required under purchase order SPE605-20-P-9774 is a total of 333,000 gallons of aviation turbine fuel (JP8), National Stock Number 9130-01-031-5816, with a delivery period from April 1, 2020 through April 30, 2020. The JP8 procured under purchase order SPE605-20- P-9774 is Jet-A1 fuel that has been blended with additives to obtain different properties, such as a higher flash point. Jet-A1 is a commercially available fuel and can be used by commercial aircraft. The additives used to blend into JP8 are also commercially available to the public.

Therefore, the JP8 procured under purchase order SPE605-20-P-9774 is a commercial item as defined in FAR 2.101. The 333,000 gallons represents of the JP8 requirements for for April 2020 as a result of a stop work order issued against contract numbers SPE605-20- D-9507 (Strategic Social, LLC) and SPE605-20-D-9508 (Varec, Inc.) for the JP8 lines only.

The product required under purchase order SPE605-20-P-9782 is a total of 295,200 gallons of diesel fuel with 10 ppm sulfur content (SFD), National Stock Number 9140-01-556-9156, with a delivery period from April 1, 2020 through April 30, 2020. The SFD procured under purchase order SPE605-20-P-9782 is commercially available, and therefore, it is a commercial item as defined in FAR 2.101. The 295,200 gallons represents of the SFD requirements for for April 2020.

4. Identification of the statutory authority permitting other than full and open competition (FAR 6.303-2(b)(4)):

This J&A is based upon the authority to use simplified acquisition procedures for commercial items at 41 U.S.C. § 1901, and follows the requirements set out by FAR 13.501(a)(1), and upon the authority of 10 U.S.C. § 2304(c)(2), as implemented by FAR 6.302-2.

Unusual and compelling urgency precluded full and open competition, and delay in award of a contract would have resulted in serious injury to the Government.

5. Demonstration that the proposed contractor’s unique qualifications or the nature of the acquisition requires use of the authority cited (FAR 6.303-2(b)(5)):

On December 11, 2019, DLA Energy competitively awarded contract numbers SPE605-20-D- 9507 (Strategic Social, LLC) and SPE605-20-D9508 (Varec, Inc.) for the acquisition of gasoline, diesel, and JP8 for delivery to various locations in , including . The contracts were awarded with a performance period from December 11, 2019 through December 10, 2022.

Strategic Social, LLC and Varec, Inc. have been unsuccessful to obtain permitted access to in the .

Justification for Other Than Full and Open Competition (Cont’d)

(DGCI, SPE605-20-P-9774, SPE605-20-P-9782)

I have reviewed and concur with this Justification

BU Director

I have reviewed this Justification

Senior Counsel

Approved:

Advocate for Competition