JA Phuket - 9Jun25_signed final.pdf

DEFENSE LOGISTICS AGENCY

ENERGY

8725 JOHN J. KINGMAN ROAD

FORT BELVOIR, VIRGINIA 22060-6222

J&A Tracking Number 25-0022

Justification for Other than Full and Open Competition under Defense Logistics Agency Energy Into-Plane/Reserve Storage at Phuket

International Airport (PIA), Phuket, Thailand, PACOM Program 1.2

1. Summary/Introduction:

The Defense Logistics Agency (DLA) Energy is the Integrated Materiel Manager (IMM) for energy commodities and the contracting activity for petroleum products and services for the Department of Defense (DoD). This Justification and Approval (J&A) is for the acquisition of supplies of 100,000 U.S. Gallons of Aviation Fuel (JA1) and store 1,000,000 U.S. Gallons for a total of 1,100,000 U.S. Gallons of fuel on an other than full and open competition basis. This is due to the availability of only one responsible source and no other supplies or services that will satisfy requirements in accordance with (IAW) Federal Acquisition Regulation (FAR) 6.302- 1(a)(2).AML Global partnered with PTT Oil and Retail Business Public Company Limited (PTTOR) is the sole-source provider of into-plane services located at Phuket International Airport (PIA) in Phuket, Thailand, contract SPE607-25-D-0082 to support Into-Plane Services and Reserve Storage at PIA. PTTOR has entered into an exclusive arrangement with AML Global where AML Global will be lead of the awarded contract. The following justification is presented to support the decision to award a 5-year contract to AML Global who has obtained exclusive partnership with PTTOR for a performance period beginning on June 2, 2025 through June 1, 2030. The estimated total dollar value for this acquisition is $9,311,220.00.

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

This justification will authorize into-plane support and reserve storage capability on a 60-month fixed price with economic price adjustment requirements contract on a sole source basis with AML Global partnered with PTTOR. The contract will have a period of performance from June 2, 2025 through June 1, 2030. The Defense Working Capital Fund (DWCF) is expected to be used for this requirement.

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

The estimated dollar value for this procurement is $9,311,220.00 with a Period of Performance of June 2, 2025 through June 1, 2030. DLA Energy requires into-plane and reserve storage capability for the following:

Justification for Other Than Full and Open Competition (Cont’d) (SPE607-25-D-0082 – AML Global)

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

This J&A is based upon the authority of 10 U.S.C. §3204(a)(1), as implemented by FAR 6.302- 1, Only one responsible source and no other supplies or services will satisfy requirements. When the supplies or services required by the agency are available from only one responsible source, or, for DoD, NASA, and the Coast Guard, from only one or a limited number of responsible sources, and no other type of supplies or services will satisfy agency requirements…” PTTOR is the sole source into-plane provider at PIA. PTTOR has arranged for an exclusive agreement with AML Global as Prime contractor to provide for services on this requirement for into-plane and reserve storage.

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)):

PTTOR is a state-owned oil and gas company. It owns extensive submarine gas pipelines in the Gulf of Thailand, a network of LPG terminals throughout the kingdom, and it is involved in electricity generation, petrochemical products, oil and gas exploration and production, and gasoline retailing business. It is the largest corporation in the country and the only company from Thailand listed in Fortune Global 500 companies. PTTOR provides continuous sole-source support to PIA with regards to into-plane services. There are no other vendors at PIA providing into-plane services. PTTOR has arranged for an exclusive agreement with AML Global as Prime contractor to provide for services on this requirement for into-plane and reserve storage.

Airport Location Fuel Type Quantity Award Price Totals

Into-Plane Phuket International Airport

Thailand Aviation Fuel (JA1) 100,000 USG $3.112200 $311,220.00

Reserve Storage

Phuket International Airport

Thailand Aviation Fuel (JA1) 1,000,000 USG $0.15

(60/mos @ $0.15 X

1,000,000 USG

= $150,000 X

60 mos)

$9,000,000.00

Total Award Value

$9,311,220.00

(SPE607-25-D-0082 – AML Global)

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 November 13, 2024, DLA Energy posted an initial Notice of Intent (NOI) in the Government Point of Entry (GPE) www.sam.gov to Sole Source this requirement, Notice ID:

SPE60525RPIAP, to PTTOR located at Phuket International Airport (PIA) in Phuket, Thailand and requested any vendor possessing the necessary access and capability to provide continuous, uninterrupted into-plane support at PIA, along with reserve storage fuel at PIA and additional storage in the surrounding area (within 500 kilometers from PIA) to please submit their capability to meet this requirement. DLA Energy did not receive any respondents to the NOI. DLA Energy then coordinated with PTTOR at which time they indicated they were in discussions with a vendor (AML Global) to sign an exclusive agreement where AML Global would take lead on the requirement.

On January 23, 2025, a second NOI was issued on the GPE that indicated AML Global had formed a strategic partnership with PTTOR whereby AML Global would be tasked with providing the essential services, including into-plane fueling and reserve storage support to meet the requirements of the contract. AML Global’s role involves ensuring the efficient and reliable provision of fuel services at the airport in line with the operational standards and requirements. Therefore, it was only practical to solicit an offer from one source, AML Global partnered with PTTOR. This company was confirmed as the sole available supplier through the publicizing in the Government Point of Entry (GPE) and through coordination with PTTOR. No respondents provided the ability to support this requirement other than AML Global partnered with PTTOR.

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 is responsible for determining that the anticipated cost to the Government will be fair and reasonable. In accordance with FAR 15.404-1(b)(2)(ii), the Contracting Officer used the price analysis technique comparison of the proposed prices to historical and current prices paid for the same or similar items in into-plane contracts. These historical prices were used in conjunction with comparison with competitive published price lists, published market prices of commodities, and similar indexes for prices in the Region where the work is to be performed in accordance with FAR 15.404-1(b)(2)(iv). The prices have been escalated using the Platts Singapore Monthly index, which is an accurate index for the commodities in this award. The Platts index is location-specific and fuel-specific, and therefore, likely more accurate than the PPI aggregate index for fuel refineries.

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)):

(SPE607-25-D-0082 – AML Global)

The contracting officer, as previously mentioned in paragraph 6, posted two (2) NOIs in www.sam.gov and received no respondents on the deadlines provided. Initial post to the GPE was performed on November 13, 2024 and the second NOI was posted on January 23, 2025.

AML Global partnered with PTTOR is the sole-source provider of the into-plane and reserve storage capability at PIA, Phuket, Thailand.

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) When 6.302-2 is cited, estimated cost, or other rationale as to the extent and nature of the harm to the Government.

Not Applicable

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 or companies expressed in writing or otherwise any interest in this acquisition.

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)):

Any subsequent contracting actions will include posting a notice of intent to sole-source the requirement on the GPE as was accomplished this time. Unless circumstances within the Government of Thailand changes, PTTOR is the only provider of fuel at PIA, since it is a state-owned company and would be the vendor to perform on any follow-on contracts for this same requirement. If PTTOR decides on a new exclusive agreement to partner with another vendor, they will notify the U.S. Government.

(SPE607-25-D-0082 – AML Global)

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.

MARCUS NOLAN ORLANDO RODRIGUEZ, SR.

Contracting Specialist Contracting Officer

ROGER T. BROWN

Division Chief

I have reviewed and concur with this Justification.

JAMAAL R. ROSE

BU Director

Approved:

JAMES CLOUGH

DLA Energy Advocate for Competition