SPE4A616D0226_Redacted1.pdf
PDF 554 KB Posted
- Attached to
- CONUS Industrial Gas Program Federal contract opportunity
- Solicitation number
- SPE4A616D0226
- Issued by
- Defense Logistics Agency Aviation
About this file
This is a Justification and Approval (J&A) document for Other Than Full and Open Competition issued by the Defense Logistics Agency (DLA) Weapons Support Richmond for a bridge contract modification.
The contracting action seeks authority to acquire filled and empty compressed/liquefied gas cylinders and related accessories (Federal Supply Classes 6830 and 8120) for worldwide support to DLA customers, Foreign Military Sales, and other U.S. Government agencies. The current contract SPE4A6-16-D0226 supports approximately 340 items across both competitive (260 items under full and open competition) and sole source categories (80 items). The modification will extend the contract from July 29, 2026 through May 29, 2027, providing a four-month base period and two three-month options. The sole source award will be issued to Hudson Technologies Company, a small business located in Woodcliff Lake, New Jersey. The justification cites 10 U.S.C. 3204(a)(1) as statutory authority, asserting that only Hudson is capable of providing uninterrupted support due to its possession of approximately 81,000 Government Furnished Property (GFP) cylinders and established operations at Hudson's facilities. The document notes that Hudson requires a one-year transition period to receive, refurbish, and fill the GFP cylinder pool, and an abrupt contract transition would create unacceptable gaps in customer support. Additionally, Hudson currently holds stocks of Mission Critical Military End Users (MCMEU) Hydrofluorocarbon materials necessary for military applications. Two companies—Horizon Distribution Inc and RAS Enterprises LLC—expressed interest following synopsis publication on SAM.gov, though neither was deemed capable of meeting the rapid deployment requirements within the bridge period. Market research was limited based on the contract's scope and the infeasibility of transitioning to a new contractor within four months.
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Text version
CUI
This requirement was synopsized on the Government portal, SAM.gov, as required by FAR 5. 1 with intent if identifying sources interested in subcontracting and/or in the CONUS Industrial Gas Program contract follow-on efforts. Two companies responded to the synopsis. A copy of the synopsis has been provided in Attachment 3 - Synopsis.
The Sources Sought requirement is being waived as required by
VII. DETERMINATION BY THE CONTRACTING OFFICER THAT THE ANTICIPATED COST TO
THE GOVERNMENT WILL BE FAIR AND REASONABLE
The overall cost of this acquisition will be considered fair and reasonable based upon FAR Part 1 negotiation procedures using price and cost analysis. Methodologies to ensure fair and reasonable prices are obtained are in accordance with FAR 15.404-1(b)( , FAR 15.404-1(b)( ) Comparison of proposed prices with prices through market research for the same or similar items, and FAR 15.404-1(b)( ) Based on the foregoing, the Contracting Officer hereby determines the anticipated cost to the Government will be fair and reasonable.
VIII. DESCRIPTION OF THE MARKET RESEARCH CONDUCTED AND THE RESULTS, OR
STATEMENT OF THE REASONS MARKET RESEARCH WAS NOT CONDUCTED
Limited market research was conducted. As mentioned in section VI above, a synopsis was published to SAM.gov and two responses were received. Based on the size and scope of this effort, it is not feasible for a new Contractor to be able to receive the GFP cylinder pool in a timely manner to continue uninterrupted support. The synopsis posted also discussed the recompete effort and the points of contact for interested parties. Hudson is the only source that can realistically support the requirements for the four-month base and two three-month options bridge period. Prior experience shows that an effort of this size and scope requires at least a one-year transition period. As there are four months left on contract, more extensive market research was not conducted because it would not result in the identification of additional sources.
IX. ANY OTHER FACTS SUPPORTING THE USE OF OTHER THAN FULL AND OPEN
COMPETITION
The current contract included a 1-year transition period to allow Hudson sufficient time to receive, refurbish and fill the GFP cylinder pool prior to going live in July 2017. Considering the transition period and scope of the requirement, it is not possible that DLA could immediately award a contract to another contractor and they be fully operational upon receipt of the award. Therefore, it is reasonable to conclude that Hudson is the only source capable of providing the population of items covered by this J&A for the proposed four-month base and two three-month options bridge contract.
X. LIST OF SOURCES, IF ANY, THAT EXPRESSED INTEREST IN THE ACQUISITION
Two companies expressed interest in the acquisition. Those companies are:
Horizon Distribution Inc PO Box 1021 Yakima, WA 98907
RAS Enterprises LLC 2512 25th Ave Suite 3 Gulfport, MS 39501
XI. A STATEMENT OF THE ACTIONS, IF ANY, THE AGENCY MAY TAKE TO REMOVE OR
OVERCOME ANY BARRIERS TO COMPETITION BEFORE MAKING SUBSEQUENT ACQUISITIONS
FOR THE SUPPLIES
Due to the scope of the current contract and transition time needed for sources to become fully operational, opportunities to minimize barriers to competition for the proposed four-month base and two three-month options bridge do not exist. However, DLA is currently seeking to award a follow-on LTC which was competed. While it is not possible to remove barriers from competition for the proposed bridge, DLA-WSR took actions to prevent barriers to competition for the new LTC.
XII. CONTRACTING OFFICER’S CERTIFICATION
The contracting officer’s signature on the Coordination and Approval Document evidences that she has determined this document to be both accurate and complete to the best of her knowledge and belief.
XIII. TECHNICAL/REQUIREMENTS PERSONNEL’S CERTIFICATION
As evidenced by their signatures on the Coordination and Approval Document, the technical and/or requirements personnel have certified that any supporting data contained herein, which is their responsibility, is both accurate and complete.
Attachment(s):
1. Bridge Population
2. Technical Certification
3. Synopsis
File details come from the government source that posted it. Updated .