BrandNameJustificationredacted.pdf

Control No: 15-16

JUSTIFICATION AND APPROVAL BRAND NAME

Special Mission Wing Petroleum, Oil and

Lubricants (POL)

1. Contracting Activity: This contracting action is being performed by CENTCOM Joint Theater Support Contracting Command (C-JTSCC), Regional Contracting Center Qatar (RCCQ) Camp As Sayliyah, Qatar, APO AE 09898.

2. Description of Action: A new firm-fixed price contract will be awarded. This acquisition will be procured using Fiscal Year 2014 Afghanistan Security Forces Fund (ASFF).

3. Description of Supplies/Services: The Special Mission Wing (SMW) requires s p e c i f i c brand western name Petroleum, Oil, and Lubricants (POL) for the maintenance and sustainment of its fleet of Mi‐17 Helicopters. SMW-Special Operations Advisory Group (SOAG) is requesting a base contract period of 6 months (10 April 2015 – 30 September 2015) at and an option period of 6 months (1 October 2015- 31 March 2016) at for a total contract value of .

4. Authority: 10 U.S.C. 2304(c)(1) as implemented in the Federal Acquisition Regulation 6.302- 1(c), Brand Name Justification.

5. Reason for Authority Cited: The SMW Mi-17 fleet is required to maintain an Air Worthiness Requirement (AWR) certification for safety of flight. The AWR is certified by the Army Aviation Engineering Division (AED). The AED will only certify the safety of flight AWR if the fleet is maintained by utilizing specific brand name POLs in accordance with the Original Equipment Manufacturer (OEM) specifications. The specific required products and their approved alternates are listed on Attachment 1 – Mi-17 Equivalent Lubrication Table. The AED has asserted to the Program Management Office for Non‐Standard Rotary Wing Aircraft (PM‐NSRWA), that only these specific brand name POLs can be used. PM‐NSRWA is the executive agency responsible for procurement, sustainment, and technical support on the Mi‐17. AED has made this assertion through a Technical Assistance Request (TAR) see Attachment 2 – TAR.

AED has provided SMW with temporary authorization to utilize POLs based on National Stock Number (NSN) and MILSPEC, ordered through the Army Supply System to the Defense Logistics Agency (DLA) only until a contract vehicle for the specific brand names POLs can be awarded.

TAR 13-026 “Specific oil and lubricant brand name types cannot be ordered through the supply system with an assigned NSN. The NSN will provide products that meet the Mil-specification… Western philosophy and OEM philosophy for use of oils and lubricants differ substantially. The Western philosophy is that lubricants meeting Mil Standard specifications are authorized for use regardless of brand name. The OEM philosophy is lubricants meeting Russian specification by specific brands – product name and country of origin are the only POL approved for use…The primary purpose…is to provide clear guidance for future sustainment requisitions of approved Western Oils”

The current use of the Army Supply System is a violation of the TAR. Failure to rapidly procure the correct brand name POL from sources outside the supply system will jeopardize the AWR and could cause a grounding of the entire fleet of Mi-17s. This would be a cease in all training and operations for critical Counterterror (CT) and Counternarcotic (CN) missions.

6. Efforts to Obtain Competition: The applicable NAICS code for this procurement is 424720

– Petroleum and Petroleum Products Merchant Wholesalers (except Bulk Stations and Terminals).

A Request for Information (RFI) notice for the POL supplies was posted to JCCS.gov on March 21, 2015 with a submission date of March 24, 2015. A total of nine (9) Afghan vendor responses were received.

7. Actions Taken to Increase Competition: The requirement will be solicited Full and Open Competition on Federal Business Opportunities, FBO.gov in accordance with FAR 5.203(h).

Afghan vendors can compete to supply end product. The successful offeror will be required to provide only Shell, Exxon and alternative POL products in accordance with Attachment 1 – Mi-17 Equivalent Lubrication Table. To open competition for use of other than specified brand name POL is a violation of warranty agreements with the OEM for the replacement of defective parts.

8. Market Research: The extent of market research conducted is based on FAR 10.002(b)(2), contacting knowledgeable individuals in Government and industry regarding market capabilities to meet requirements and reviewing catalogs and other generally available product literature published by manufacturers, distributors, and dealers or available on‐line. Preliminary customer market research indicated that there are a substantial number of vendors interested in participating in this acquisition. The customer provided five (5) market research quotes from various sources based on the required oil and lubricant product list. Additionally, online website queries such as www.skygeek.com provided the exact same commercially sold on-line off the shelf. By utilizing the expertise of contractors to provide this type of commercial product, RCC-Q will be able to provide commercial products that enable SMW-SOAG capabilities.

9. Interested Sources: The table below lists the vendors that have expressed an interest in this requirement as a whole:

Vendor Name Cage Code

Country

Aquiline Group LLC 488H9 USA M3 Technology Corp 7AJS1 USA Flight Test 5Z6A3 USA Blue Fox Logistics Services SNJ20 Afghanistan Fidelis Logistics Supply & Services STF48 Afghanistan Alfajer LTD STL85 Afghanistan Khawak Petroleum Company STS38 Afghanistan Parwan Group SLN65 Afghanistan NAI Logistics STF46 Afghanistan LEGO Afghan Logistics SKL67 Afghanistan

* National Trading Company LTD SPR63 Afghanistan

* Habib Bashar Construction Company SLM75 Afghanistan

*Two of the interested vendors were deemed technically not acceptable based on missing documentation on JCCS requiring KO Vendor Registration and Financial Information approval.

10. Other Facts: The Afghan SMW is the only Afghan unit providing special operations aviation capability. The SMW is a selectively manned unit providing operational reach through Mi-17 operations and PC-12 Intelligence Surveillance and Reconnaissance to the Ministry of Interior and Ministry of Defense 17,000 Special Operations Forces Soldiers and Police. The Mi- 17 fleet provides operational reach to the SMW in support of strategic counter terrorism (CT) missions and counter narcotics (CN) missions. Ensuring the Mi-17 fleet fully operational by Fighting Season 2015 is a COMRS top priority.

In addition to violating the TAR and jeopardizing the AWR certification for safety flight, failure to award this requirement for brand name products will leave SMW in violation of the TAR and could jeopardize future Air Worthiness Requirement certification. Additionally, use of other than specified brand name POL is a violation of warranty agreements with the OEM for the replacement of defective parts. The OEM warranty is valued at approximately per month.

11. Technical Certification: I certify that the supporting data under my cognizance which are included in the justification are accurate and complete to the best of my knowledge and belief.

Typed Name: Date:

Title: Maintenance Officer Signature:

12. Requirements Certification: I certify that the supporting data under my cognizance which are included in the justification are accurate and complete to the best of my knowledge and belief.

Title: Maintenance Officer Signature:

13. Fair and Reasonable Cost Determination: Prices for the procurement of the POL products are anticipated to be determined to be fair and reasonable.

Title: Contracting Officer Signature:

14. Contracting Officer Certification: I certify that this justification is accurate and complete to the best of my knowledge and belief.

Title: Contracting Officer Signature:

ATTACHMENTS

1- Mi-17 Equivalent Lubrication Table 2- Technical Assistance Request (TAR)

APPROVAL

Based on the foregoing justification, I hereby approve the procurement of brand name POL products for the maintenance and sustainment of Mi-17 Helicopter aircraft for the Afghan Special Mission Wing on an other than full and open competition basis pursuant to 10 U.S.C.

2303(c)(1), Brand Name, subject to availability of funds and provided that the items herein described have otherwise been authorized for acquisition.

Date

Special Competition Advocate