JA Portstorage redacted.pdf

DEFENSE LOGISTICS AGENCY

ENERGY

8725 JOHN J. KINGMAN ROAD

FORT BELVOIR, VIRGINIA 22060-6222

October 25, 2022 J&A Tracking Number: 22-037

Justification for Other than Full and Open Competition

1. Summary/Introduction:

DLA Energy, a component of the Defense Logistics Agency, is the contracting activity. This action is for the purchase of a Global Subscription to TankTerminals.com under solicitation number SP0604-22-Q-0423. This contract will support DLA Energy-BPM. The subscription covers a 12-month base period starting 11/01/2022 through 10/31/2023, with four option years.

The estimated value for the yearly subscription without options is €8,595. Authority for other than full and open competition is provided in 10 U.S.C. § 2304(c)(1) and Federal Acquisition

Regulation (FAR) § 6.302-1.

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

The action being awarded, is a contract with PortStorage Group B.V. for a Global Subscription to access detailed bulk storage market analysis information on TankTerminals.com. The Global

Subscription will allow DLA energy BPM to access petroleum storage terminal information worldwide. The subscription provides vital terminal information such as storage capacity, products stored, loading/out-loading options etc. DLA Energy BPM is frequently tasked by Bulk

Services CBU to provide potential storage sources worldwide, and the Global Subscription would provide access to the most comprehensive and accurate storage terminal information available. There are no other known sources for this information. This action will use FY23 funding.

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

TankTerminals.com provides market intelligence and strategic advisory services including detailed analysis of global bulk storage market trends. It is the world's largest database of tank storage facilities, equipped with three search tools that deliver up-to-date international terminal data such as terminal status and map location, storage capacity, manager-level contact details, number of tanks, stored products, accessibility and more. DLA Energy-BPM uses this information to gather bulk storage market intelligence, and also determine the best pricing options to choose from. Currently, TankTerminals.com is the only source available that can provide comprehensive analysis, news and articles, and a knowledge bank that meets DLA

Energy’s market research’s needs.

4. Identification of the statutory authority permitting other than full and open competition

(FAR 6.303-2(b)(4)):

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

(SP0604-22-Q-0423 – PortStorage Group B.V.)

The statutory authority permitting other than full and open competition is 10 U.S.C. 2304(c)(1) or 41U.S.C. 3304(a)(1), as implemented by FAR 6.302-1. In accordance with FAR 6.302-

1(a)(2), PortStorageGroup B.V. is the only source that can satisfy agency requirements. “When the . . . services required by the agency are available from only one responsible source, or, for

DoD . . . from only one or a limited number of responsible sources, and no other type of supplies or services will satisfy agency requirements, full and open competition need not be provided for.” FAR 6.302-1(a)(2).

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)):

The publication is exclusive to PortStorage Group B.V. therefore they are the only source able to provide the information DLA Energy BPM requires. A Global Subscription TankTerminals.com includes unique access to 4,891 commercial tank terminals listed worldwide to assist subscribers search for storage services. Each terminal listing has a dynamic map of the terminals’ location and subscribers can select one or more terminals to send a storage enquiry to. This subscription will provide DLA Energy BPM the ability to compare terminals’ storage operational capabilities across ports, countries and regions. It will further provide access to operational data and management-level contact details of tankterminals worldwide such as; terminal name, location, total capacity, general email address, access modes, number of stored products, and planned construction/expansion information.Additionally, DLA Energy uses the TankTerminals.com analysis to gather market intelligence and determine best pricing options for storage contracts. A

Global Subscription would provide access to the most comprehensive and accurate storage terminal information available. There are no other known sources for this information on a worldwide basis.

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 September 30, 2022, DLA Energy-Installation Energy posted an Intent-to-Sole-Source notice on SAM.gov that closed on October 17, 2022. No potential sources responded. To date, no other sources have express interest in fulfilling this requirement.

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 finds that the proposed price is fair and reasonable using the techniques in FAR 15.404-1. Pursuant to FAR 15-404-1(b)(2)(iv), the contracting officer may make a

“[c]omparison with competitive published price lists, published market prices of commodities, similar indexes, and discount or rebate arrangements.”The price was determined fair and reasonable when compared to competitive published pricing. DLA-Energy compared published pricing listed on TankTerminals.com with discounted pricing offered to DLA Energy by

PortStorage Group B.V. The standard annual pricing for the same subscription package costs €9750. The discounted price for DLA Energy for the same 12-month subscription is

€8,595,however the first year will be the standard price of €9270. This results in an overall savings of €1,155, or 12.95% less than what a standard user would pay for the same subscription.

Therefore, the contracting officer determines the price fair and reasonable when compared to the published price listing.

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)):

The customer conducted market research and determined that TankTerminals.com was the only source which provides the comprehensive global bulk storage intelligence that DLA Energy needs in a single subscription. While there are other sources that provide bulk storage information, it would require multiple subscriptions and result in a higher cost to the government. Additionally, an Intent-to-Sole Source notice was posted on Sam.gov for two weeks which yielded no additional sources. At this time therefore, PortStorage Group B.V. is the exclusive provider of the required publications.

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.

Information provided on TankTerminals.com is proprietary. Therefore, a specific purchase description suitable for full and open competition is not available that would satisfy the

Government’s requirements.

(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 SAM.gov. Additionally, to date, no potential sources have expressed an interest in writing.

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)):

PortStorage Group B.V. is the only producer of the publication on a worldwide basis. There are no known actions that will allow DLA Energy to overcome the competition barriers for this requirement. However, DLA-Energy will continue to conduct market research in the future to determine the existence of other sources with lower pricing before the exercise of options.

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.

TASHA PIRIS

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.

JAMES REED

Chief, Market Research

Approved:

JEREMY VATTER

Contracting Officer

DTP0035

Sticky Note None set by DTP0035

DTP0035

Sticky Note Cancelled set by DTP0035