JA_EI_Redacted.pdf

DEFENSE LOGISTICS AGENCY

ENERGY

8725 JOHN J. KINGMAN ROAD

FORT BELVOIR, VIRGINIA 22060-6222

November 3, 2016 J&A Tracking Number: 17-0019

Justification for Other than Full and Open Competition

1. Summary/Introduction:

The Defense Logistics Agency (DLA) Energy, a component of the DLA, is the contracting activity. The action is for the purchase of a membership from Energy Institute (EI). This is an annual membership with a one base year and 4 one-year option periods (total 5 years) from December 1, 2016 to November 30, 2021 for DLA Energy, Navy, Air Force and Army personnel. The total estimated value for the annual membership is GBP with the option to extend to 4 years for the amount of GBP. Justification for other than full and open competition is 10 U.S.C. 2304(c) (1).

2. Nature and/or description of the action being approved (FAR 6.303-2(b) (2) :

DLA Energy uses the membership for subscription access to gain full usage to EI technical content in electronic format; that is, free PDF downloads of 400 technical publications and 350 test methods. This includes access to topics such as aviation, fuel quality and control, petroleum storage and distribution, and renewables. The publication is for global access, to cover all DLA, Navy, Air Force and Army personnel. This publication is also geographically specific to specifications and testing for Europe and supports DLA Energy, Navy, Air Force, and Army with European specifications and testing methods.

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

The statutory authority permitting other than full and open competition is 10 U.S.C. 2304(c)(1), as implemented by FAR 6.302-1(a)(2): “only one responsible source, or, for DoD, NASA, and the Coast Guard, from only one or a limited number of responsible sources, and no other type of supplies or services will satisfy agency requirements...” The membership is proprietary to EI and no other source can provide the required membership. The estimated dollar value for the yearly membership is 10,000.00 GBP. Therefore, in accordance with FAR 6.302-1(a) (2), EI is the only source that can satisfy agency requirements.

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

The statutory authority permitting other than full and open competition for this intended procurement is 10 U.S.C. 2304(c) (1), which allows the head of an agency to use other than competitive procedures when “the property or services needed by the agency are available from only one responsible source or only from a limited number of responsible sources and no other type of property or services will satisfy the needs of the agency.” As required, DLA Energy posted an intent to sole source notice on FedBizOpps (SP0600-17-Q-0410). However, since EI is

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

(SP0600-17-Q-0410 – EI)

the only source available for this membership, there was no expectation that other sources would be identified. Additionally, since these publications are the agreed-to indexes in ongoing DLA Energy contracts, no other product or service would satisfy DLA Energy’s need. Therefore, in accordance with 10 U.S.C. 2304(c) (1), EI is the only source that can meet this specific agency requirement.

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)):

EI is uniquely qualified as it is the only source for access to their publications through electronic content. The membership and publications are a proprietary to EI, is tailored to the European market, and no other source can provide these requirements for DLA Energy.

6. Description of the efforts made to ensure that offers are/were solicited from as many potential sources as is/was practicable, including whether a notice was or will be publicized as required by Subpart 5.2 and, if not, which exception under 5.202 applies (FAR 6.303- 2(b)(6)):

On November 2, 2016, DLA Energy-FEA posted an intent-to-sole source notice on FedBizOpps (SP0600-17-Q-0410); no vendors responded to the notice resulting in no additional competition to meet this requirement. Therefore, EI is the only source available to meet DLA Energy’s needs at this time.

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 the price offered by EI to be fair and reasonable in accordance with FAR 15.404-1(b) (2)(iv), “Comparison with competitive published price lists, published market prices of commodities, similar indexes, and discount or rebate arrangements.”

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)):

EI is the only source available for the required membership. Therefore, DLA Energy has no expectation that market research or other efforts will result in future competition.

9. Any other facts supporting the use of other than full and open competition, such as (FAR 6.303-2(b) (9):

(SP0600-17-Q-0410 – EI)

DLA Energy-FEA posted an intent-to-sole source notice on FedBizOpps (SP0600-17-Q-0410);

no vendors responded to the notice resulting in no additional competition to meet this requirement. Therefore, EI is the only source available to meet DLA Energy’s needs at this time.

(i) Explanation of why technical data packages, specifications, engineering descriptions, statements of work, or purchase descriptions suitable for full and open competitor 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.

Not applicable.

10. A listing of the sources, if any, that expressed, in writing, an interest in the acquisition (FAR 6.303-2(b) (10) :

No sources replied to the Intent-to-Sole Source Notice posted to FedBizOps.

11. Actions that may be taken to remove or overcome barriers to competition before any subsequent acquisition for the supplies or services are required (FAR 6.303-2(b) (11)):

There are no known actions that will allow DLA Energy to overcome the competition barriers for this requirement.

(SP0600-17-Q-0410 – EI)

I hereby certify that the data, which forms the basis for this justification, is accurate and complete to the best of my knowledge and belief.

Contracting Specialist

I hereby certify that the data, which forms the basis for this justification, is accurate and complete and that the purchase request covers only the minimum requirements to satisfy the needs of the Government.

Director, Quality Technical Support

Approved:

KEITH CARVALHO

Contracting Officer

CARVALHO.KEITH.A

NDREW.123363781

Digitally signed by

CARVALHO.KEITH.ANDREW.1233

637811 Date: 2016.11.16 14:55:50 -05'00'