Justification for Sole Source.pdf

FAR Part 6 JOFOC for Into-Plane Fuel Delivery

United States Department of Justice United States Marshals Service

Justice Prisoner & Alien Transportation System

FAR PART 15

Justification for Other Than Full and Open Competition

(Negotiated Procurements) This acquisition follows the procedures presented in FAR 6.3 as authorized by 41 U.S.C 3304

MIQ Request Number M-23-A37-R-000161

Contract Specialist’s Name Victor J. Stamps

Contracting Officer’s Representative

Edgar Nieves

Description of the action being approved

This new action is for a single source acquisition for into-plane delivery of aviation fuels. This will be a firm fixed priced (with economic price adjustments, if necessary) purchase order for approximately 91,500 gallons of into-plane aviation fuel.

Anticipated Period of Performance

October 1, 2022 - September 30, 2023

Estimated Total Value $ 492,270.00

Vendor’s / Brand Name Eagle Aviation Resources dba Atlantic Aviation

Description of Supplies or

Services

The United States Marshals Service, Justice Prisoner and Alien Transportation System (JPATS) requires Into-Plane Delivery of Aviation Fuels (approximately 91,500 gallons at an estimated cost of $ 492,270.00) for a Boeing 737-700 Aircraft, Tail # N738A, which is owned and operated by JPATS at the JPATS facility within the Fixed Base Operator (FBO) area of Atlantic Aviation. Occasionally, support to other JPATS’ owned or leased aircraft (Boeing 737-400s, Hawker 800) may be required to fuel at Atlantic Aviation in Las Vegas also. The period of performance is: October 1, 2022 - September 30, 2023.

Indicate Statutory Authority for Contracting without Full and Open Competition

FAR 6.302-1 Only one responsible source and no other supplies or services will satisfy agency requirement. (41 USC 3304(a)(1))

Contractor’s unique qualifications or Brand Name item’s characteristics that are exclusive to that Contractor or

Brand Name item.

The Justice Prisoner and Alien Transportation System (JPATS) requires into-plane delivery of aviation fuels to be provided within a safe and secure environment for staff and inmates. Atlantic Aviation is the only reasonably available vendor that can provide the services required by JPATS, when considering safety and security. Atlantic Aviation offers a higher level of security and has proven to occupy the only secure area, at McCarren International Airport, which is away from public view or access. Therefore, no other into-plane aviation fuel vendors at the McCarran International Airport in Las Vegas, Nevada, can provide a safe and secure environment for JPATS mission requirements.

Efforts made to Promote Competition

A notice of intent to negotiate and issue a sole source award to Atlantic Aviation was posted to the Government Point of Entry (GPE) also known as SAM.GOV, in accordance with FAR Subparts 13.105(a) and 5.203(a) on September 6, 2022. No sources have shown any interest in this requirement.

Method for Determining Fair and Reasonable Pricing

Comparison of DLA fuel prices and historical prices paid for fuel along with the Independent Government Estimate (IGE), the Contracting Officer anticipates the price of fuel to be fair and reasonable.

Any Other Facts Supporting the use of Other Than Full and

Open Competition

Market research indicates there are no other into-plane aviation fuel vendors at the McCarran International Airport in Las Vegas, Nevada, who can provide a safe and secure environment for JPATS mission requirements.

Planned efforts to avoid future sole-source situations.

None

Certifications and Approvals

Contracting Officer Representative’s (COR) Certification: In accordance with FAR 6.303- 2(c), I hereby certify that the information provided in this Justification for Other Than Full and Open Competition is accurate and complete to the best of my knowledge and belief.

Edgar Nieves Contracting Officer’s Representative

Supervisory/Senior Contract Specialist Concurrence: In accordance with USMS Policy Directive 6.1, Section 7(c) I hereby concur with proceeding with this Justification for Other Than Full and Open Competition.

Samantha Davis Supervisory Contracting Officer

Contracting Officer’s (CO) Certification and Approval: In accordance with FAR 6.303- 2(b)(12) I hereby certify that the information provided in this Justification for Other Than Full and Open Competition is accurate and complete to the best of my knowledge and belief.

Victor J. Stamps Contracting Officer