1.2.23 N6275823RCPS039 JA Sole-Source Signed_Redacted.pdf

Source Selection Information (with content) See FAR 2.101 and 3.104 For Official Use Only

FAR SUBPART 13.5 SIMPLIFIED PROCEDURES FOR CERTAIN COMMERCIAL

ITEMS SOLE SOURCE JUSTIFICATION AND APPROVAL

CONTROL NUMBER: 2023-028

CONTRACT NUMBER: 38NOL86002

Requiring Activity:

Ship Repair Facility and Japan Regional Maintenance Center (SRF-JRMC), Sasebo

Description of Requirement:

This supply type procurement is for a qualified on-site Caterpillar, Inc. Technical Representative to support the troubleshooting and inspection Service Diesel Generator (SSDG) engines aboard a U.S. Naval Vessel in support of Commander Fleet Activities Sasebo (CFAS).

Authority: Simplified Procedures for Certain Commercial Items, 41 U.S.C. 1901 as implemented by FAR Subpart 13.5.

Amount: $

1. Agency Contracting Activity:

N00406 Naval Supply Fleet Logistics Puget Sound

2. Description of Action:

This sole source acquisition is for a technical representative and is to be solicited directly to the Original Equipment Manufacturer (OEM):

Caterpillar INC.

100 NE Adams St Peoria, IL 61629-0001 Cage Code: 11083

3. Description of Supplies/Services:

This supply type procurement is for a qualified on-site Caterpillar (CAT) Technical Representative to support the troubleshooting and inspection of the No. 1 and No. 2 Ship Service Diesel Generators (SSDGs) aboard a U.S. Naval Vessel in support of CFAS. The representative will also serve as NSA oversight personnel to witness (G), (V), (I), (Q) points specified in No. 1 and No. 2 Ship Service Diesel Generator (SSDG) Maintenance Work Items as defined in the Performance Work Statement (PWS). The period of performance is 28 August 2023 through 28 December 2023.

The estimated dollar value of the total procurement is $ . The Government projects award for fiscal year 2023 utilizing FY23 Operations and Maintenance, Navy (O&MN) funds.

(b) (5)

(b) (5)

4. Basis for Sole Source

a. Authority Cited: Simplified Procedures for Certain Commercial Items, 41 U.S.C. 1901 as implemented by FAR Subpart 13.5:

Unusual and compelling urgency Exclusive licensing agreements Industrial mobilization Brand Name (Note approval level requirements are applicable only to this portion

FAR 13.501(2)

Other: Implemented by FAR 13.501(a)

b. Reason for Authority Cited:

Caterpillar INC (Cage: 11083) has the sole proprietary information on engineering and development data, manufacturing, and technical data per Caterpillar drawings. Performance of this award requires the contractor to be able to have the technical knowledge and skills to troubleshoot, repair, and oversee repairs to the CAT Model 3608 type SSDGs aboard the U.S.

Naval Vessel. Only a CAT technical representative is able to supply a fully functioning SSDG upon completion of contract.

This urgent requirement resulted from the failure of the No. 1 and No. 2 engines about the vessel.

During a major overhaul in September of 2021 through January of 2022, several material discrepancies were identified with these engines, including their crankshafts. Following a risk assessment, the vessel was permitted to perform its scheduled missions with the unrepaired No. 1 and No. 2 engines. In September of 2022, engine No. 2 failed resulting in loss of operational capability. In January of 2023 through May of 2023, maintenance on both engines was conducted.

Engine No. 1 failed operational testing and engine No. 2 was identified as having additional damage required additional repairs to be operational. As the OEM, a CAT technical representative is required to provide oversight during the ships emergency maintenance availability starting August 2023. The engine overhaul is under NAVSEA Instruction (NSI) 09-990 which requires OEM Technical Representation to inspect and certify the repairs.

5. Efforts to Obtain Competition:

The Contracting Officer shall publish the notices required by FAR 5.201. No additional market research was conducted because it is not practicable for the reasons discussed in paragraph four above.

6. Actions to Increase Competition:

Market research indicates only CAT is capable of providing the required technical representative, therefore no actions are being taken at this time to increase competition.

7. Market Research:

Market research was conducted in accordance with (IAW) FAR Part 8 and FAR Part 10 and it has been determined that the current requirement cannot be filled via any mandatory sources of supply. Market research shows there is a re-occurring demand for these types of diesel engine repairs and maintenance. Market research via FPDS.gov shows 2 recent contracts awarded to Caterpillar, Inc. for technical representative services that were not competed and solicited on a sole source basis. Both awards 70Z04022P65024B00 and 70Z02323F93230002 were awarded as commercial firm-fixed price type contracts. For that reason IAW DFARS 212.102(a)(ii)(B)(2) these supplies are determined commercial in nature.

8. Actions to Remove Barriers to Future Competition For the reasons set forth in Paragraph 5 and 6, FLCPS has no plans at this1ime to compete future contracts for the types of supplies/services covered by this document. If another potential source emerges, FLCPS will assess whether competition for future requirements is feasible.

9. Any Other facts supporting the use of other than full and open competition.

Not Applicable