JA CEBA 24 Redacted.pdf

DEFENSE LOGISTICS AGENCY

ENERGY

8725 JOHN J. KINGMAN ROAD

FORT BELVOIR, VIRGINIA 22060-6222

April , 2024 J&A Tracking Number: 24-0013

Justification for Other than Full and Open Competition

1. Summary/Introduction:

DLA Energy, a component of the Defense Logistics Agency (DLA), is the contracting activity.

This action is for the purchase of a one-year gold level membership to the Clean Energy Buyers Association (CEBA) for , beginning on 01 September 2024. No other source is able to provide the comprehensive technical information provided by CEBA, therefore CEBA is the only source able to fulfill the requirement pursuant to 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 approved will be a contract with CEBA to provide DLA Energy with participation in a national membership association, supporting stakeholders in the entire clean energy transaction process to encompass buyers, energy providers, and service providers of renewable energy. As part of the association DLA Energy will be able to ascertain commercial transactions, commercial templates used for such energy transactions, receive educational support on transaction process and various policy/regulatory issues. The information gained from this participation will enable DLA Energy-Installation Energy to lead a more rapid transition through our procurement process to a cleaner zero-carbon, emission free energy future in support of the Administration’s clean energy goals. This action will use FY24 funding.

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

DLA Energy-Installation Energy is requesting the Gold Level Membership to CEBA. Given the non-profit status of the Federal Government, we will receive a 50% discount on a year’s membership. The typical price is , given the discount, the cost equates to for a one-year membership.

4. Identification of the statutory authority permitting other than full and open competition (FAR 6.303-2(b)(4)):

The statutory authority permitting other than full and open competition is 10 U.S.C. 2304(c)(1) or 41 U.S.C. 3304(a)(1), as implemented by FAR 6.302-1. FAR 6.302-1(a)(2) states: “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…services will satisfy agency requirements, full and open competition need not be provided for.” In accordance with FAR 6.302-1(a)(2), CEBA is the only source that can satisfy this requirement.

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

(SP0604-24-Q-0417 – CEBA)

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)):

CEBA consists of over 240 energy buyers, energy providers and service providers, to include Fortune 500 corporations like Microsoft, Google, Amazon Facebook and Walmart. Becoming a member allows the collective to collaboratively navigate the complexities of the energy market.

The CEBA community leverages peer-to-peer expertise and knowledge share, policy and regulatory advocacy, and foundational educational resources to accelerate renewable energy procurement, all of which is outlined as goals that are a part of the current Administration’s desire for an increased carbon free energy environment. DLA Energy will provide significant acquisition support to the DoD, and Whole of Government in meeting these goals. Renewable energy has long been championed as a means to support carbon free electricity, which in turn reduces greenhouse gas emissions across operations and facilities. Recognizing the power of a market demand signal, the number of corporations setting emissions reductions goals has steadily increased. Reducing emissions through implementation of renewable energy is a daunting task, from determining where to begin the process, to identifying the areas with greatest emissions reductions potential, to engaging suppliers and relevant partners.

CEBA members have access to exclusive tools, resources, and engagement opportunities through the program to support collaboration with supply chain partners, including:

special access to CEBA benefits for supply chain partners to accelerate decarbonization, renewable energy efforts.

newsletter updates and discussion series to learn from industry leaders that have successfully engaged partners to reduce emissions.

Access to available resources developed in collaboration with experienced large energy buyers to navigate domestic and international renewable energy procurement.

DLA Energy FEA knows of no other company that can provide this membership in this level of detail.

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 April 4, 2024, DLA Energy-Installation Energy posted an Intent-to-Sole-Source Notice on SAM.gov that closed on April 18, 2024. No potential sources responded. To date, no other sources have written to express an interest.

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 determines that the price offered by CEBA is fair and reasonable.

Pursuant to FAR 15.404-1(b)(2)(iv), the contracting officer may make a “Comparison with competitive published price lists, published market prices of commodities, similar indexes, and

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

(SP0604-24-Q-0417 – CEBA)

discount or rebate arrangements. Pursuant to FAR 15.404-1(b)(2)(ii), the contracting officer may make a “[c]omparison of proposed prices to historical prices paid, whether by the Government or other than the Government, for the same or similar items. The contracting officer may also, pursuant to FAR 15-404-1(b)(2)(vii), make a “[a]nalysis of data other than certified cost or pricing data (as defined at 2.101) provided by the offeror.”

The price that a standard user would pay for a 12-month gold membership to CEBA is .

The discounted price for DLA Energy for the same 12-month membership is resulting in an overall savings of and equates to a discount. Therefore, the Contracting Officer determines the price fair and reasonable when compared the price listing and discount arrangements.

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)):

DLA Energy FEA conducted market research and determined CEBA was the only source capable of meeting the government’s specific requirement. A web search was performed, which resulted in there being no other identified vendors that would satisfy the government’s requirements.

Also, an Intent-to-Sole-Source Notice was posted to SAM.gov on April 4, 2024. No vendors responded to the notice resulting in no additional competition to meet this requirement.

Research identified no other authorized vendors for this requirement. Therefore, it has been determined that CEBA is the only source available to meet DLA Energy’s needs at this time.

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.

CEBA’s membership is proprietary. CEBA is the only source that provides this type of membership. 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.