JA_Final_Redacted.pdf

DEFENSE LOGISTICS AGENCY

ENERGY

8725 JOHN J. KINGMAN ROAD

FORT BELVOIR, VIRGINIA 22060-6222

19-0004

Justification for Other than Full and Open Competition

1. Summary/Introduction:

Defense Logistics Agency Energy (DLA-Energy) is a major subordinate command of the

Defense Logistics Agency and is the acting contracting agency for bulk fuel services at Joint

Base Lewis-McChord (JBLM) and the Yakima Training Center (YTC), WA. This document is a

Justification & Approval (J&A) for Other Than Full and Open Competition in accordance with

10 U.S.C. §2304(c)(1), as implemented by the Federal Acquisition Regulation (FAR) 6.302-1(a).

This J&A supports a four-month extension of the performance period for contract SP0600-08-D-

5845, with service provided by Doss Aviation Inc. The contract contains contract provision

I209.03 EXTENSION PROVISION (STORAGE) (DESC SEP 1991), which permits the

Government to extend the contract with the same terms and conditions for up to six months.

DLA Energy intends to exercise a four-month extension in order to prevent any service interruption before the follow-on contract is awarded. The contract is firm-fixed price. The total price for the four-month extension is $648,658.32 and the period of performance will be

December 01, 2018 through March 31, 2019. The contract price increased from $21,131,499.34 to $21,780,157.66.

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

The current contract expires on November 30, 2018. A follow-on contract will be awarded under Solicitation SPE603-18-R-0529, resulting in the award of a contract with a four-year base period, one five-year option, and one six-month option to extend services provision. Award of the follow-on contract under solicitation SPE603-18-R-0529 will occur no later than March 31, 2019, with the period of performance beginning April 1, 2019. The acquisition process has been delayed due to multiple circumstances. DLA Energy FES was unable to support two tentative pre-proposal dates due to the high volume of contract actions being processed through the review chain. Representatives at JBLM were then unable to support the Preproposal Conference until August 2018. Following the pre-proposal conference, DLA Energy received 145 questions from potential offerors, and revision of the Performance Work Statement (PWS) was required.

The Preproposal Conference, Q&A, and PWS revision are required to provide the offerors information to adequately understand the fuel requirements at JBLM. This four-month extension will ensure of the mission at JBLM and YTC, WA until the follow-on contract begins on April 1, 2019.

In order to ensure at JBLM- and YTC, WA, DLA Energy intends to extend the period of performance of contract SP0600-08-D-5845. The extension is from December 01, 2018, through March 31, 2019, in accordance with contract clause I209.03 EXTENSION

PROVISION (STORAGE)(DESC SEP 1991). The extension will be issued via unilateral modification. Fiscal Year 2019 Defense Working Capital Funds will be allocated for the extension.

Justification for Other Than Full and Open Competition

Four month extension of SP0600-08-D-5845 – Doss Aviation, Inc.

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

Contract SP0600-08-D-5845 was awarded to Doss Aviation Inc. on September 29, 2008 using full and open competition for a five-year base period of October 1, 2008 through September 30, 2013, a five-year option period of October 1, 2013 through September 30, 2018, and an extension provision upon the same terms and conditions not to exceed more than six months.

Doss Aviation Inc. is responsible for providing commercial bulk fuels management services, retail vehicle fuel services, aircraft refueling (cold), and defueling services. Doss Aviation Inc.

provides all labor, equipment, tools, materials, supplies, and supervision necessary to receive, store, issue, maintain quality, and account for petroleum products, and will be responsible for all fuel-servicing operations and safeguarding facilities, equipment, and fuel products under its control during normal and adverse conditions. The Contractor performs required maintenance to ensure facilities, associated systems, vehicles, and equipment remain operational to meet the base mission. The Contractor complies with environmental protection, safety, and security directives. The Contractor is responsible for and furnishes as required all personnel, equipment, material and/or facilities necessary for providing these services, including surge demands.

at JBLM and YTC, WA fuels management services provided by

Doss Aviation Inc. The value of the action described in this J&A is $648,658.32.

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

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

This J&A is based upon the authority of 10 U.S.C. §2304(c)(1), as implemented by FAR 6.302-

1; When required services are available only from one responsible source, full and open competition need not be provided for.

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)]:

Solicitation SPE603-18-R-0529 was issued on June 22, 2018. The solicitation closed on

October 24, 2018 and the new contract will be awarded by mid- March 2019.

Doss Aviation Inc. has an existing work force trained and able to conduct operations and whose performance has been acceptable since contract award. A new contractor will require preparation prior to beginning performance, including time to develop and implement operations, training plans, and personnel. In addition, contractor personnel are required to have current training in specific areas of fuel handling, hazardous waste, and other fuel-specific procedures such as Confined Space Entry, Environmental Protection training, and

Hazardous Waste Operations and Emergency Response (HAZWOPER), which are provided by

DLA Energy. Furthermore, the contractor is required to establish and maintain safety procedures and plans.

It is highly unlikely that any offeror other than the incumbent will be able to get all required equipment (refuelers, defuelers, and utility trucks) to JBLM Lewis McChord & Yakima Training

Center (YTC), WA If the Doss

Aviation Inc. is not awarded the extension, Therefore, DLA Energy has determined the requirement for the services described above are deemed only available from Doss Aviation Inc. It is and

JBLM and YTC The fuels management services Doss Aviation Inc. is providing at JBLM and YTC are commercial services specific to current contract requirements and award to another source will result in if services are interrupted. Given the required lead time, there are no other responsible sources for these services for this period of time.

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)):

The four-month extension period was not synopsized in adequate detail with the initial contract award. However, prior to award of the 2-month extension effective October 1, 2018 through

November 30, 2018 under SP0600-08-D-5845 P00029, a sources sought was issued. In accordance with FAR 5.201, a Sources Sought notice was posted to www.fbo.gov on September

10, 2018, allowing interested vendors to submit a capability statement. The Government did not receive any responses to the notice. Based on the lack of responses it is reasonable to assume that no vendors are willing or able to invest their resources in providing services for such a short period of performance.

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 has determined that the anticipated cost to the Government is fair and reasonable. SP0600-08-D-5845 contains contract provision I209.03 EXTENSION PROVISION, which permits the Government to extend the contract with the same terms and conditions for up to six months. DLA Energy intends to exercise a four-month extension via a unilateral contract modification. The monthly price for the extension period is $162,164.58. The total cost of this extension is $648,658.32. This price is based on the monthly firm fixed price of the current contract and was evaluated as fair and reasonable due to the adequate competition at the time of award IAW FAR 15.404-1(b)(2)(i). The Contracting Officer was not able to make a comparison with anticipated prices for the new solicitation due to variations in startup costs and period of performance. A new solicitation for a four-month period of performance would result in much higher prices than the contemplated extension due to the need for a new contractor to obtain refueling equipment and other startup costs.

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)]:

http://www.fbo.gov/

A follow-on contract will replace this four-month extension on March 31, 2019. The solicitation was competed under full and open competitive procedures in accordance with FAR 6.102. The

Government has contacted no other sources prior to implementing the four-month extension option while finalizing a competitive procurement. The Government anticipates that the follow-on contract requirement will receive adequate competition based on prior competition history for this and similar requirements, strong attendance at the pre-proposal conference, and interest received in response to the sources sought notice for the follow-on solicitation. The solicitation is in progress and is posted to FedBizOpps.

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.

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.

(iii) When 6.302-2 is cited, estimated cost, or other rationale as to the extent and nature of the harm to the Government.

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

[FAR 6.303-2(b)(10]:

A sources sought notice for the previous 2-month extension effective October 1, 2018 through November 30, 2018 under SP0600-08-D-5845 P00029 was posted to www.fbo.gov on September 10, 2018 and closed on September 14, 2018 allowing interested vendors to submit a capability statement. The Government did not receive any responses from interested vendors.

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)]:

Under typical circumstances, there are no barriers preventing competition at JBLM and YTC.

The Government has taken all the actions to overcome barriers to competition. The Government has procured these services competitively in the past and intends to do so in the future. The

Government expects to award this solicitation based on adequate price competition under the current solicitation for these services.

1. 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.

Contract Specialist

AAR and Lab Services Branch

Bulk Petroleum Services Business Unit

2. I hereby certify that the data forming 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.

Chief, Facilities Management Branch

3. I have reviewed this Justification.

Senior Counsel DLA

Energy Counsel

4. Approved:

Contracting Officer

AAR and Lab Services Branch

Bulk Petroleum Services Business Unit