JA Diesel Fuel Redacted.pdf

DEPARTMENT OF VETERANS AFFAIRS

Office of Procurement, Acquisition and Logistics (OPAL)

Strategic Acquisition Center (SAC) 5202 Presidents Ct, Suite 103

Frederick, MD 21703

SOLE SOURCE JUSTIFICATION UNDER SIMPLIFIED PROCEDURES FOR

CERTAIN COMMERCIAL ITEMS IN ACCORDANCE WITH FEDERAL ACQUISITION

REGULATION (FAR) 13.5

1. Identification of the agency and contracting activity, and specific identification of the document as a “Sole Source Justification Under Simplified Procedures for Certain Commercial Items in Accordance with Federal Acquisition Regulation (FAR) 13.5.”

The Strategic Acquisition Center - Frederick (SAC-F), on behalf of the Department of Veterans Affairs (VA), Office of Information and Technology (OI&T), Austin Information Technology Center (AITC), located in Austin, TX, proposes to enter into a sole source contract with Bethamy, Inc.(Bethamy), under simplified acquisition procedures.

2. The nature and/or description of the action being approved, i.e., sole source under procedures for certain commercial items in accordance with FAR 13.5.

This activity proposes to negotiate a non-competitive, firm-fixed price contract (sole-source) with Bethamy to provide services and equipment required to properly maintain and support the VA-AITC diesel fuel requirements. To ensure uninterrupted power, the VA-AITC uses back-up eight (8) generators fueled by three (3) diesel tanks (15,000 gallon). The generators have a total continuous fuel consumption rate of approximately 3,000 gallons per 24-hour day. The VA-AITC is required to maintain diesel fuel storage to ensure six days of continuous generator operation between refilling of tanks.

The current contract, 36C10X19C0037, was non-competitively awarded to Oil Purification Specialists, Inc. The sole source justification was approved July 24, 2019, in the amount of $484,199.00 for a base and four option periods.

3. A description of the supplies and/or services required, including the delivery schedule and/or the period of performance (inclusive of all option periods), and the estimated dollar value of the acquisition.

The Contractor shall perform the following: Diesel Fuel Cleaning for three (3) 15,000 gal. Bulk Storage Tanks and eight (8) Generators 300 gal. Day Tanks. The contractor shall provide all services and equipment required to properly maintain and support the VA- AITC diesel fuel requirements throughout the contract period. The estimated value for this acquisition is $98,838.22 (no option periods), and the anticipated entire period of performance is August 01, 2022, through July 31, 2023.

4. The statutory authority permitting sole source.

The authority is in accordance with FAR 13.501(a)(1)(ii).

The statutory authority permitting other than full and open competition is 41 USC 1901(a)(1) as implemented by FAR 13.106(b)(1).

5. A statement demonstrating the unique qualifications of the proposed contractor or the nature of the action requiring use of the authority.

There is only one responsible source, and no other services will satisfy agency requirements. The agency’s need for the services provided which will be provided by Bethamy is critical, so that the VA has uninterrupted power supply, for without this fuel it would result in loss of power and unacceptable delays should the agency not be permitted to sole source.

Additionally, seven (7) Service-Disabled Veteran-Owned Small Businesses (SDVOSB) were found on the Vendor Information Pages (VIP) website when diesel fuel was searched. All were contacted to provide quotes, and none of the vendors provided quotes. Two vendors stated they would provide quotes but then last minute said they would not be able to provide quotes. Therefore, it is recommended to sole source to Bethamy, Inc. Bethany, Inc. The previous contract was for the same vendor; however, the name has changed from OPS, Fuel to Bethamy, Inc. The vendor has been performing satisfactorily and can provide the requirement. VA has determined that no other vendor is capable of providing the relevant services and maintenance.

6. A description of efforts made to ensure offers/quotes are solicited from as many potential sources as is practicable, including whether a notice was or will be publicized in SAM.gov (as required by FAR 5.2) and, if not, which exception under 5.202 applies.

The Notice of Intent to a sole source will be published on SAM.gov, and vendors will be given ten (10) days to respond to this notice. This notice provides for any vendor believing they are capable of providing the requirement to submit a response. The notice of intent is not a solicitation. Vendor responses received in response to the notice will be used solely to determine whether competitive procedures can be used for this acquisition.

The justification and approval will be published on SAM.gov no later than fourteen (14) days after the award. However, there is no competition anticipated for this acquisition.

7. The anticipated dollar value of the proposed acquisition, including options if applicable, and a determination by the contracting officer that the anticipated cost to the government will be fair and reasonable.

The anticipated total dollar value of this requirement is $98,838.22, for a base year period and no option periods. A fair and reasonable price determination will be based on comparison of the proposed price with prices found reasonable on the previous contract. Discounts will also be sought for this proposed procurement.

http://farsite.hill.af.mil/reghtml/regs/far2afmcfars/fardfars/far/05.htm#P56_9651 http://farsite.hill.af.mil/reghtml/regs/far2afmcfars/fardfars/far/05.htm#P67_10794

8. A description of the market research conducted and the results or the reason market research was not conducted.

Market research was also conducted by the review of a previous contract as mentioned above. Additionally, The General Services Administration (GSA) eLibrary’ s search tool was utilized for market research and no results were found when the keyword “diesel fuel” was searched.

See No. 5 above regarding information on the VIP market research.

Bethamy is the only company that will meet VA’s requirements to provide fuel service and maintenance for the VA AITC.

9. Any other facts supporting the use of sole source.

None.

10. A listing of the sources, if any, that expressed, in writing, an interest in the acquisition.

BETHAMY, INC.

1296 FM 3083 RD

CONROE TX 77301

WESLEY PATTON Digita lly sign e d by WESLE Y PATTO N Date: 2022.07.27 13:27:00 -05'00'

11. A statement of any actions the agency will take to remove or overcome any future barriers to competition.

There is no other company authorized to satisfy the requirements. However, contracting will continue to conduct market research in the future to see if any companies can provide fuel service and maintenance for the VA AITC.

Certification

Acquisition Initiator:

I certify that the facts and representations under my cognizance that are included in this justification and that form a basis for this justification are complete and accurate.

Signature Date Contracting Officer:

I certify that this justification is accurate and complete to the best of my knowledge and belief.

COLE

Signature Date

Digitally signed by JUSTIN Date: 2022.07.22 14:20:58 -04'00'