JA_cylinder_movement.pdf

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETTITION

FOR HELIUM COMPRESSED CYLINDERS SHIPMENT

UNDER AUTHORITY OF 10.U.S.C.2304 (c)(1) ONLY ONE RESPONSIBLE SOURCE

SPE601-15-Q-TBD AIR GAS

1. Summary/Introduction: This justification is executed by the Defense Logistics Agency (DLA)

Energy, as the Department of Defense (DoD) Integrated Material Manager (IMM) for Aerospace Energy products and related services. DLA Energy requires a Contractor to Package, Palletize, Load, Block and

Brace Government-owned Helium cylinders. The Contractor will provide all supplies, management, tools, equipment and labor necessary for the packaging, palletizing and loading of Helium cylinders in to U. S Government provided shipping conveyances. The procurement will be an other-than-full-and-open competition under the statutory authority of 10 U. S.C.2304(c) (1), Only One Responsible Source, as defined in FAR Part 6.302-1(b) (1) (ii). The contract has an estimated value of $2052.20 and has a three-month period of performance.

2. Description of Agency’s Needs (10 U.S.C. 2304 (f)(3)(A)): DLA Energy has a requirement to

Package, Palletize, Load, Block and Brace Government-owned Helium cylinders. These cylinders are located at Air Gas facilities which held the previous contract. Due to unforeseen circumstances, these cylinders were not transferred to the current contractor’s facilities prior to the previous contract’s expiration date. At this time, the cylinders need to be transferred from the Air Gas facilities to various

Air Liquide (the current contractor) facilities.

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. 204 (c)(1), Only One Responsible Source, in accordance with FAR 6.302-1(b)(1)(i) which states: “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.” As the cylinders are in the control of Air Gas on its property, and no other contractors will be able to gain access to the cylinders to perform packaging, palletization, loading, blocking and bracing of the cylinders for transportation.

4. Price/Cost Consideration: (10 U.S.C 2304 (f)(3)(C)): DLA Energy - Aerospace Energy will ensure that the anticipated cost to the Government will be fair and reasonable based on price analysis conducted in accordance with FAR 15.404-1(b)(2)(ii) (comparison of the proposed prices to historical prices paid).

Any resultant prices will be firm fixed prices. If DLA Energy is unable to determine proposed prices fair and reasonable when compared to historical prices, certified cost and pricing data may be obtained.

5. Market Research/Efforts to Obtain Competition (10 U.S.C. 2304 (f)(3)(D) and (E)): Due to the extenuating circumstances, Air Gas was the only contractor that could meet the requirement as the cylinders are located at their facilities in a secured area and no other contractors would be able to gain access to perform the required services. Therefore, no market research was conducted nor was there other sources sought.

6. Actions Being Taken to Overcome Barriers to Competition (10 U.S.C 2304 (f)(3)(F)): The requirement to package, palletize, load, block and brace these particular cylinders is a result of extraordinary circumstances. With proper contract administration, these circumstances are unlikely to occur in the future, and competition need not be overcome.

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETTITION

FOR HELIUM COMPRESSED CYLINDERS SHIPMENT

UNDER AUTHORITY OF 10.U.S.C.2304 (c)(1) ONLY ONE RESPONSIBLE SOURCE

SPE601-15-Q-TBD AIR GAS

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.

Sylvia T. Urias-Vallejo

Contracting Officer

I have reviewed and concur with this Justification.

Matthew Butsick

DLA Counsel – Energy, Assistant Counsel