JA Qatar Finalsigned_Redacted.pdf

Justification for Other Than Full and Open Competition (Cont’d) (SPE605-25-R-0215 – Qatar Fuel (WOQOD))

Source Selection Information -See FAR 2.101 and FAR 3.104

CUI

• Fuel, Gasoline (MUM) National Stock Number 9130-01-272-0983.

o The three-year estimated quantity for Camp As Sayliyah is 724,000 U.S. Gallons with an estimated value of $1,817,240.00

• Diesel Fuel (SFD) National Stock Number 9140-01-556-9156 o The three-year estimated quantity for Camp As Sayliyah is 15,852,000 U.S.

Gallons with an estimated value of $43,593,000.00

• Fuel, Gasoline (MUM) National Stock Number 9130-01-272-0983.

o The three-year estimated quantity for Al Udeid AB is 2,952,000 U.S. Gallons with an estimated value of $7,409,520.00

• Diesel Fuel (SFD) National Stock Number 9140-01-556-9156 o The three-year estimated quantity for Al Udeid AB is 5,394,000 U.S. Gallons with an estimated value of $14,833,500.00

4. Identification of the statutory authority permitting other than full and open competition (FAR 6.302-1(a)(2)(iii)):

This J&A is based upon the authority of 10 U.S.C. §3204(a)(1) as implemented by Federal Acquisition Regulation 6.302-1. The supplies required by the agency are only available from Qatar Fuel (WOQOD) and no other type of supplies will satisfy agency requirements.

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 statutory authority permitting other than full and open competition is 10 U.S.C. §3204(a)(1), only one responsible source can satisfy the agency’s requirement.

Qatar Fuel (WOQOD) is the only authorized fuel retailer in the State of Qatar. The company is publicly listed on the Qatar Stock Exchange and is supplied by Qatar Energy, which was formerly called Qatar Petroleum. Qatar Energy is a state-owned petroleum company and is the only source for the required supplies. The State of Qatar does not allow any other entity to market, transport or distribute fuel, and it owns the petroleum company which supplies the fuel; therefore, Qatar Fuel (WOQOD) is a state-controlled company.

Pursuant to Qatar Law Number 4, of 2003, Qatar Fuel (WOQOD) has the sole concession for marketing, transporting, and distributing Gas and Petroleum Products (except for bitumen) to the country’s airports, ports and petrol stations through its distribution, transportation, and sales networks. The law was issued in the Amiri Diwan (equivalent to a Parliament) on April 28, 2003, for a fifteen-year period.

Justification for Other Than Full and Open Competition (Cont’d) (SPE605-25-R-0215 – Qatar Fuel (WOQOD))

Source Selection Information -See FAR 2.101 and FAR 3.104

CUI

(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.

IAW Law 4 of 2003 Qatar Fuel (WOQOD) is the only source of supply lawfully authorized to meet the requirements, and the follow-on contract would continue independent pricing policy declared by the State of Qatar for all petroleum products.

Substantial duplication of cost to the Government that is not expected to be recovered through competition.

(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, other than the one mentioned in paragraph 6 of this J&A, 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)):

DLA Energy anticipates full and open competition at the expiration of the contract unless Qatar Law Number 4 is further extended.