JA COG 2 Contract Extension approved - Redacted.pdf
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Defense Logistics Agency Energy
About this file
This document outlines a justification for a six-month extension to multiple existing fuel delivery contracts held by the Defense Logistics Agency Energy across nine Northeast U.S. states. The extensions maintain pricing under existing economic price adjustment clauses and continue delivery of various fuel types including diesel, gasoline, jet fuel, kerosene and ethanol through September 30, 2021 to avoid disruption of supply. Awarded originally between 2017-2020 to unknown vendors for unknown amounts, the extensions apply to over 25 contracts to ensure continued provision of bulk fuel to military and government sites until new contracts can be competitively awarded or the current contracts' performance periods end.
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• BIODIESEL B20 (BDI) 9140-01-470-4520
• DIESEL FUEL #2 ULSD (DS2) 9140-01-524-0139
• DIESEL FUEL #2 ULSD DYED (DSS) 9140-01-541-6760
• FUEL ETHANOL (E85) (ES) 9130-01-470-2024
• FUEL OIL BURNER #1, (FS1) 9140-00-247-4366
• FUEL OIL BURNER #2, LS (FL2) 9140-01-546-1786
• FUEL OIL BURNER #2, (FS2) 9140-00-247-4365
• FUEL OIL BURNER #4, LT (FL4) 9140-01-107-6139
• FUEL OIL, BURNER #4 (FS4) 9140-00-247-4360
• FUEL OIL, BURNER #6 (FS6) 9140-00-247-4354
• GASOHOL, PREM UNL (GUP) 9130-01-090-1094
• GASOHOL, MID UNL (GUM) 9130-01-355-2393
• GASOHOL, REG UNL (GUR) 9130-01-090-1093
• GASOLINE, PREM UNL (MUP) 9130-00-148-7104
• GASOLINE, REG UNL (MUR) 9130-00-148-7103
• GASOLINE, AVIATION (IOOLL) 9130-00-179-1122
• JET FUEL, TYPE A (JAA) 9130-00-359-2026
• KEROSENE (RED DYED) (KSR) 9140-01-461-3989
• KEROSENE, #2 (KSN) 9140-00-242-6748
• KEROSENE, 1K (KS1) 9140-01-292-4460
• MARINE GAS OIL (MGO) 9140-01-313-7776
• RFG PREMIUM UNLEADED (MPR) 9130-01-388-4524
• RFG MIDGRADE UNLEADED (MMR) 9130-01-388-4513
• RPG REGULAR UNLEADED (MRR) 9130-01-388-4080
• TURBINE FUEL, AVIATION (JP8) 9130-01-031-5816
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 of 10 U.S.C. § 2304(c)(2), as implemented by FAR 6.302-2. Unusual and compelling urgency precludes full and open competition, and delay in awarding contract extensions to cover the requirement would result in serious injury to the Government.
10 U.S.C. 2304(c)(2) states: “The head of an agency may use procedures other than competitive procedures only when the agency’s need for the property or services is of such an unusual and compelling urgency that the United States would be seriously injured unless the agency is permitted to limit the number of sources from which it solicits bids or proposals.”
FAR 6.302-2(a)(2) states: “When the agency’s need for the supplies or services is of such an unusual and compelling urgency that the Government would be seriously injured unless the agency is permitted to limit the number of sources from which it solicits bids or proposal, full and open competition need not be provided for.”
7. Determination by the contracting officer that the anticipated cost to the Government will be fair and reasonable (FAR 6.303-2(b)(7)):
The Contracting Officer determines that the anticipated cost to the Government will be fair and reasonable. At the time of award, contract prices were determined fair and reasonable on the basis of a comparison of proposed prices to historical prices paid, whether by the Government or other than the Government, for the same or similar items ( FAR § 15.404-1 (b)(2)(ii)) . The contracts are for the supply of commercial specification fuel with market-based economic price adjustment clauses, meaning that the prices paid continue to be fair and reasonable. The proposed contract extensions will use those same base prices.
8. Description of the market research conducted and the results or a statement of the reason market research was not conducted (FAR 6.303-2(b)(8)):
A market research survey was unnecessary and not conducted because the contract extensions are for contracts that were awarded pursuant to full and open competition and under the circumstances it is not practicable to obtain offers from additional sources for the extension period.
9. Any other facts supporting the use of other than full and open competition, such as (FAR 6.303-2(b)(9):
(i) Explanation of why technical data packages, specifications, engineering descriptions, statements of work, or purchase descriptions suitable for full and open competition have not been developed or are not available.
Not Applicable
(ii) When 6.302-1 is cited for follow-on acquisitions as described in § 6.302- 1(a)(2)(ii), an estimate of the cost to the Government that would be duplicated and how the estimate was derived.
Not Applicable
(iii) When 6.302-2 is cited, estimated cost, or other rationale as to the extent and nature of the harm to the Government.
This J&A is based upon the authority of 10 U.S.C. §2304(c)(2), as implemented by Federal Acquisition Regulation 6.302-2. Unusual and compelling urgency precludes full and open competition, and delay in award of a contract would result in serious injury financial or other, to the Government.
If these contracts are not extended then the various sites covered by SPE605-20-R-0206 could lead to an abundance of OTB’s (one-time buy) being carried out by DLA Energy,
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