LN2__J&A.pdf

DEFENSE LOGISTICS AGENCY

ENERGY

8725 JOHN J. KINGMAN ROAD

FORT BELVOIR, VIRGINIA 22060-6222

Source Selection Information See FAR 2.101 and 3.104

Justification for Other than Full and Open Competition For Liquid Nitrogen, 06 June 2019

1. Summary/Introduction:

The Defense Logistics Agency (DLA) Aerospace Energy Business Unit, as the Department of Defense (DoD) Integrated Materiel Manager (IMM) for Aerospace Energy products and related services, requires delivery of Liquid Nitrogen (LN2) f.o.b. destination into customer-owned tanks in support of

The product contractor (Contractor) shall provide all product, materials, supplies, management, tools, equipment, transportation and labor necessary for the delivery of LN2.

This J&A is for a minimum reasonable amount of eight (8) months with a total estimated value of $3,568,766.03 and a period of performance of 1 June 2019 through 31 January 2020.

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

The additional time was necessary to enable the Government to redefine requirement factors and allow potential offerors to better mobilize for all program requirements. The intent is to secure maximum competition and ensure full mission success by qualified offerors by 1 February 2020. As such, this sole source award was imperative to ensure continuity of operations required by to sustain mission essential operations of during the period of 1 June 2019 through 31 January 2020. The requirement was funded with

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

This is an eight-month requirement for the production and delivery of an estimated 36,700 pounds of LN2, NSN: 9135-00-965-2526, IAW MIL-PRF-27440G, dated 07 Aug 2013, delivered f.o.b. destination into customer-owned containers and all related ancillary services. The contract was awarded in the amount of $3,568,766.03 with a period of performance of 1 June 2019 through 31 January 2020.

Per FAR 2.101, Liquid Nitrogen was determined to be commercially available as it is generally offered to the public.

Justification for Other Than Full and Open Competition (Cont’d) (Liquid Nitrogen (LN2))

Source Selection Information See FAR 2.101 and 3.104

4. Identification of the statutory authority permitting other than full and open competition (FAR 6.302-2(a)(1)) and 6.302-2 (b)(2):

This J&A is based upon the authority of 10 U.S.C. 2304(c)(2), as implemented by FAR 6.302-2. Unusual and compelling urgency precludes full and open competition, and any delay in the award of this contract would have resulted in serious injury to the Government.

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)):

was the only vendor that could currently produce the quantity and perform necessary particulate testing for the delivery of LN2. The unforeseen events leading to the unfulfilled long-term requirement threatened the ability of to support critical

A delay in contract award would have resulted in Aerospace Energy’s failure to support in their critical missions for the DoD. The testing done at , Littleton is of such a critical nature, that a single slip in a single test can throw an entire program at risk, and in jeopardy. Furthermore, the nature of these tests support such high critical items, that this is unacceptable. This eight (8) month award to provided the needed time required for the Government to continue the long-term requirement using full and open competitive procedures, to address potential for comingling product, and determine the best approach to allow for full coverage to include upcoming requirements increase.. and has proven capable of delivering to LN2 product has been tested

, and has shown capable to meet specifications. has a satisfactory CPARS and is currently active in the System for Award Management (SAM).

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)):

This short term requirement was procured on an “other than full and open competition” basis to ensure the delivery of LN2 to from 1 June 2019 to 31 January 2020. In unison, with continuity of coverage established, the current solicitation for the long-term requirement is in the process of being amended and will be publicized on FedBizOpps with courtesy copies electronically mailed to actively participating potential offerors.

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 DLA Energy Aerospace Energy Contracting Officer ensured that the cost to the Government was determined fair and reasonable

This procurement resulted in a firm fixed price requirements contract.

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)):

Market Research was conducted prior to and during the efforts of procuring the long-term requirement.

The was currently the only qualified source postured to deliver while the long-term requirement is re-defined and amended for sufficient industry response.

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.

(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)

10. A listing of the sources, if any, that expressed, in writing, an interest in the acquisition (FAR 6.303-2(b)(10):

No qualified sources submitted proposals indicating they could support the requirement in the timeframe needed to sustain mission operations.

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)):

As stated above, the Government has amended the current solicitation multiple times

. As the solicitation progresses, the Government will adapt the requirement such that multiple vendors have a realistic opportunity to successfully participate. Furthermore, the current long-term requirement being developed will be synopsized as an amendment to the long-term requirement that remains open, but is currently in abeyance, and will remain as full and open competitive procedures.

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.

L STEPHANIE M. FAULKNER

Contracting Specialist Contracting Officer DLA Energy-Aerospace Energy DLA Energy-Aerospace Energy

FAULKNER.STEP

HANIE.M.116976

I hereby certify that the data, which forms 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 of Requirements Division

Director, Aerospace Energy

DLA Counsel-Energy

Approved:

Advocate for Competition