JA_Unusual_and_Compelling_Urgency__High_Purity_Hydrazine_(003)_(002)_signed_Redacted_FINAL_Redacted.pdf

DDEFENSE LOGISTICS AGENCY

ENERGY

8725 JOHN J. KINGMAN ROAD

FORT BELVOIR, VIRGINIA 22060-6222

19-0020

Justification for Other than Full and Open Competition For High Purity Hydrazine (HPH)

30 May 2019

1. Summary/Introduction:

The Defense Logistics Agency Energy (DLA Energy), as the Department of Defense (DOD) Integrated Material Manager (IMM) for Aerospace Energy products and related services required production and delivery of High Purity Hydrazine (HPH) fuel and related services, delivered F.O.B. Origin with a total value of $8,076,300.00, for contract SPE601-19-D-1526 with a period of performance of 28 May 2019 through 27 May 2020.

This J&A has been approved and publicized after award, in accordance with FAR 6.303-1(e). Due to the unusual and compelling nature of this requirement, preparation and approval of this J&A prior to award would have unreasonably delayed the acquisition.

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

Currently there is no contract in place to support this requirement. Based on the increased demand of HPH, the current supply of will be exhausted before a long-term contract for the production of multiple grades of hydrazine would be in place. However, there is a long-term requirement in work to support all grades of hydrazine. Approval of this J&A allowed for a short-term contract to Arch Chemicals Inc. to support the increase in demand for HPH required to for the period of 28 May 2019 through 27 May 2020. The requirement was funded with .

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

This is a one (1) year requirement for the production and delivery of of High Purity Hydrazine (HPH) Propellant, NSN: 9135-01-232-1852, IAW MIL-PRF-26536G, dated 11 Jul 2017, delivered F.O.B Origin into Government-owned containers and all related ancillary services. The contract was awarded in the amount of $8,076,300.00 with a period of performance of 28 May 2019 through 27 May 2020.

Per FAR 2.101, High Purity Hydrazine was determined to be commercially available as it is generally offered to the public.

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

This J&A was 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 delay in award of a contract would have resulted in serious injury to the Government.

Justification for Other Than Full and Open Competition (Cont'd) (High Purity Hydrazine (HPH))

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)):

is the only vendor that produces High Purity Hydrazine and was the only vendor who provided a response to RFP SPE601-18-R-0300 for High Purity Hydrazine. The unforeseen demand in HPH had severely impacted the remaining supply and threatened our inventory levels and ability to

. A delay in contract award would have resulted in Aerospace Energy's failure to . This one (1) year contract award to . now supports the HPH requirement and provides time to enter into a contract using fully competitive procedures. . was awarded two previous contracts and has been proven capable of manufacturing High Priority Hydrazine. Their product has been tested several times, over the span of the two contracts, and they have always met specifications. Additionally, ., has never been late on deliveries and has a satisfactory CPARS.

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 contract action was not synopsized due to the unusual and compelling urgency in accordance with 5.202(a) (2). This requirement will be procured on an "other than full and open competition" basis to ensure the delivery of High Purity Hydrazine from 28 May 2019 to 27 May 2020.

7. Determination by the contracting officer that the anticipated cost to the Government will be fair and reasonable (FAR 6.303-2(b)(7)):

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 not conducted. The incumbent contractor provided the only practical means to meet the stated requirements.

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.

Not Applicable

(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 sources expressed interest in writing.

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 awarded this requirement to Arch Chemicals Inc. twice before the award of this requirement. The previous contract was synopsized on the Government's e-commerce web site, www.fedbizzopps.gov. Furthermore, the long-term requirement will be synopsized as full and open.

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.

Patricia A. Bocock Contracting Officer

Division Chief

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

I have reviewed and concur with this Justification

Director, Aerospace Energy

Senior Counsel

Approved:

Advocate for Competition