J A6.302-1CSPE60112D1509_Redacted.pdf

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION FOR

PRODUCTION OF AVIATOR’S BREATHING OXYGEN AND ANCILLARY SERVICES

UNDER AUTHORITY OF 10.U.S.C. 2304(c)(1)

1. Summary/Introduction: Defense Logistics Agency – Energy Aerospace Energy (“DLA Energy”) intends to extend contract SPE601-12-D-1509 (the “Contract”) with Linde GAZ A S to continue to provide Aviator’s Breathing Oxygen (ABO) and ancillary services. This three-month extension will continue to provide product from 1 October 2015, through 31 December 2015 and have an estimated cost of $7,694.00. DLA Energy is executing the extension under the statutory authority of 10 U.S.C. 2304(c)(1).

2. Description of Agency’s Needs (10 U.S.C. 2304 (f)(3)(A)): Aviator’s Breathing Oxygen (ABO) is used in support of aircraft operations at . DLA Energy initially intended to have a long-term contract in place by the expiration of the Contract; however, no offers were received in response to the follow on solicitation and the incumbent refused to offer. Therefore, in accordance with Contract Clause INT-I209.09, EXTENSION PROVISIONS (DLA ENERGY JUL 2009) the extension clause will be initiated for a 3-month period to insure continued supply of ABO to

3. Authority for Other-than-Full-and-Open Competition (10 U.S.C. 2304 (f)(3)(B)): Statutory authority for this contracting action is 10 U.S.C. 2304 (c)(1), Only One Responsible Source, in accordance with (IAW) FAR 6.302-1(b)(1)(i) which authorizes other-than-full-and-open competition, “when there is a reasonable basis to conclude that the agency’s minimum needs can only be satisfied by unique supplies or services available from only one source or only one supplier with unique capabilities.” No offers were received during the follow-on solicitation, and, therefore, the only qualified and contracted source to provide ABO to is Linde GAZ A S.

4. Price/Cost Consideration: (10 U.S.C 2304 (f)(3)(C)): The contract incorporates Aerospace Clause I209.09 EXTENSION PROVISIONS (DESC JUL 2009) which states that the Government has the right to extend the contract on “the same terms and conditions one or more times for a total of no more than six months.” The additional requirements will be delivered at current contract prices, which were determined fair and reasonable IAW FAR 15.404-1(b)(2)(ii).

5. Market Research/Efforts to Obtain Competition (10 U.S.C. 2304 (f)(3)(D) and (E)): This action is an extension of the contract to bridge performance until a subsequent contract can secure continued performance. Initial market research was conducted IAW FAR Part 10 which included (a) IAW DEPI Part 7.104 (101)(b)(2), market research assistance was requested from DLA Energy-RN (Market Research office); (b) issuance of a sources sought notice; (c) a search of the System for Award Management (SAM) database; (d) a search of the SBA’s website; (e) a search of https://www.contractdirectory.gov; and (f) a search of https://www.macraesbluebook.com. Due to no offers being received (including the incumbent) during the follow-on solicitation, additional market research for additional sources of ABO has been conducted IAW FAR Part 10.

has been identified as a potential near term supplier and has expressed interest in the procurement. In addition, is currently in the process of evaluating whether to become a supplier for future requirements in the region.

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION FOR

PRODUCTION OF AVIATOR’S BREATHING OXYGEN AND ANCILLARY SERVICES

UNDER AUTHORITY OF 10.U.S.C. 2304(c)(1)

6. Actions Being Taken to Overcome Barriers to Competition (10 U.S.C 2304 (f)(3)(F)): This extension was synopsized on Government Point-of-Energy, www.fbo.gov on 22 June 2015 and the follow on procurement has been synopsized as well. DLA Energy will continue to seek interest in the productions of ABO for future requirements as discussed in paragraph 5.

Based upon the preceding, it is necessary to extend the contract for three months from 1 October 2014 to 31 December 2014. The additional three months of performance will allow sufficient time to conduct a competitive follow on procurement of ABO IAW FAR 6.102 (b).

I hereby certify information is accurate and complete and forms the basis for the justification that the extension covers only the minimum requirements to satisfy the needs of the Government to the best of my knowledge and belief.

Sylvia T. Urias-Vallejo

Contracting Officer

I have reviewed and concur with this Justification.

DLA Counsel – Energy, Assistant Counsel

URIASVALLEJO.SYLVIA.

T.1231117772

Digitally signed by URIASVALLEJO.SYLVIA.T.1231117772 DN: c=US, o=U.S. Government, ou=DoD, ou=PKI, ou=DLA, cn=URIASVALLEJO.SYLVIA.T.1231117772 Date: 2015.07.09 15:05:49 -05'00'