Attch_1_Redacted_JA.pdf

Source Selection Information – See FAR 2.101 and 3.104 1

J&A No. 22-003

09 November 2021

JUSTIFICATION AND APPROVAL

FOR USE OF BRAND NAME

1. IDENTIFICATION OF AGENCY AND CONTRACTING ACTIVITY.

Requiring Activity: Commander Navy Region Hawaii (CNRH), Regional Boat Maintenance Center

(RBMC)

Contracting Activity: Naval Supply Systems Command, Fleet Logistic Center Pearl Harbor (NAVSUP

FLCPH)

2. Description of the Action Being Approved.

Award of Brand Name Only Supply Blanket Purchase Agreements (BPA) to fulfill CNRH’s inventory needs for Cummins Engines and Parts. The period of performance for the BPA shall be for five years (FY22 to FY26).

3. Description of Supplies/Services.

Supplies to be acquired includes various parts to complete maintenance on various sizes of Cummins Engines. In addition, various size Cummins Engines to be acquired for phase and replacement of existing Cummins engines.

Cummins FY22 FY23 FY24 FY25 FY26 Total Parts Engines Total

4. Statutory Authority Permitting

41 USC 1901(e) (2) – a brand name only acquisition under the authority for certain commercial items, as implemented by FAR 13.501(a).

5. Rationale Justifying Use of Cited Statutory Authority

The required supplies are particular to one manufacturer (Cummins). See rationale provided below on why the particular brand name is essential to the Government’s requirement and brand name or equal purchase descriptions cannot be used.

ENGINES – 12 boats of the Port Operations boats are configured for Cummins engines. The purchase of replacement engines from a brand other than Cummins is not feasible for the Government since significant alterations would need to be made to retrofit the boats to receive new manufacturer’s engines.

All boat alterations must be approved and developed by NAVSEA. In addition to the actual boat alterations, purchasing other than Cummins engines would severely impact Port Operation’s standardization efforts to standardize the parts used for boats of the same type or configuration at significant cost to the Government. This would include but not limited to the following negative impacts on the Government’s standardization: 1. Port Operations would need to obtain and maintain additional

Source Selection Information – See FAR 2.101 and 3.104 2 diagnostic software systems for each different manufacturer. 2. Port Operations would need to implement/maintain OEM training programs for each different manufacturer. 3. Port Operations would need to obtain/maintain specialized tooling and testing equipment required for each different manufacturer. 4. Port Operations would need to maintain 6-month inventories of replacement parts for multiple manufacturer.

PARTS - 12 boats of the Port Operations boats are using and configured for Cummins engines. Parts purchased for preventative and corrective maintenance must be Original Equipment Manufacturer (OEM) parts to maintain the warranty status of the Government’s pre-existing Cummins engine inventory. The use of after-market third party parts will void the Government’s warranty on said engines.

6. Description of Efforts Made to Solicit Offers from as Many Offerors as Practicable.

The Contracting Activity has posted a sources sought notice on NECO.GOV and SAM.GOV for the proposed requirement. Based on the response from Cummins Inc, two businesses are capable of submitting an offer and are authorized Cummins Engines Dealers. A search of the SBA Dynamic Small Business Search identified additional potential authorized Cummins Engines dealers capable of quoting on the requirement. There is a reasonable expectation that the Government will receive two or more valid quotes for this requirement.

7. Determination of Fair and Reasonable Cost.

The Contracting Officer has determined the anticipated cost to the Government of the supplies/services covered by this J&A will be fair and reasonable.

8. Actions to Remove Barriers to Future Competition.

For the reasons set forth in Paragraph 5, the Contracting Activity expects to compete contracts for the types of supplies covered by this document under the same Brand Name only restrictions. If another potential source emerges, the Contracting activity will assess whether competition for future requirements is feasible.

9. CONTRACTING POINT OF CONTACT

The point of contact at Fleet Logistic Center Pearl Harbor is Liane Pekelo-Passmore, Code 201A, at (808) 473-7942 or by e-mail at liane.pekelo-passmor@navy.mil.

[END of PAGE]

Source Selection Information – See FAR 2.101 and 3.104 3

10. CERTIFICATIONS AND APPROVAL

TECHNICAL/REQUIREMENTS CERTIFICATION

I certify that the facts and representations under my cognizance which are included in this Justification and its supporting acquisition planning documents, except as noted herein are complete and accurate to the best of my knowledge and belief.

LEGAL SUFFICIENCY REVIEW

I have determined this Justification is legally sufficient.

CONTRACTING OFFICER CERTIFICATION

I certify that this Justification is accurate and complete to the best of my knowledge and belief.

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