Diesel Engine_Made in America OMB Determination Consistent With Policy 20Jun23.pdf

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Attached to
Engine, Diesel Federal contract opportunity
Solicitation number
SPRDL1-23-C-0074
Issued by
Defense Logistics Agency Land and Maritime

About this file

This document provides details of a waiver determination for a federal procurement. The Defense Logistics Agency requires a diesel engine, National Stock Number 2815-01-558-2770 and Part Number DR1439FRS from Cummins Central Power, LLC, to support generator requirements on the Forward Repair System maintenance module. A Justification and Approval was approved on January 13, 2023 in accordance with 10 U.S.C. 3204(a)(1) as the engine is only available from one responsible source and no other supplies or services will satisfy the agency's requirements. The base contract is for 17 engines with an option for 17 additional engines exercisable within 365 days of award. The waiver is needed because the required engine is not domestically available and is therefore non-compliant with Buy American Act requirements.

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6/20/23, 4:18 PM Diesel engine for generator to support the Forward Repair System (FRS) maintenance module. | Made in America https://www.madeinamerica.gov/waivers/nonavailability/648c8a045576781d49d7c4d7 1/3

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REVIEWED

Diesel engine for generator to support the Forward Repair System (FRS) maintenance module.

Waiver type - Procurement: Nonavailability

Agency: DEFENSE LOGISTICS AGENCY (DLA) (97AS) • Product Service Code (PSC) : 2815 | Last Modifed: 06/20/2023

Procurement Summary This procurement is for a diesel engine, National Stock Number (NSN) 2815-01-558-2770, and Part Number DR1439FRS from Cummins Central Power, LLC (herein known as Cummins). The base contract is for 17 diesel engines with a 100% Government option (17 each) that can be exercised within 365 days after contract award.

Waiver Rationale Summary The Defense Logistics Agency (DLA), Land Warren proposes to issue a contract that is non-compliant with the Buy American Act because the required diesel engine is not domestically available, requiring this waiver determination. In accordance with 10 United States Code (U.S.C.) 3204(a)(1), Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements, the Government approved a Justification and Approval (JA) 00583 for this procurement on 13 Jan 2023.

Did / Will the solicitation include one of the standard BAA provisions announcing the agency’s intention to provide a price preference for domestic end products and construction material?

Yes How can we improve this site?

https://www.madeinamerica.gov/ https://www.madeinamerica.gov/waivers/

6/20/23, 4:18 PM Diesel engine for generator to support the Forward Repair System (FRS) maintenance module. | Made in America https://www.madeinamerica.gov/waivers/nonavailability/648c8a045576781d49d7c4d7 2/3

Was a sources sought or Request for Information issued?

Yes

OMB Determination Consistent with Policy

Product

DIESEL ENGINES AND COMPONENTS

NAICS

333618 - Other Engine Equipment Manufacturing

Date Submitted 06/16/2023

Procurement Instrument Identifier (PIID)

Solicitation ID N/A

Procurement Stage Pre-solicitation

Expected Maximum Duration of the Proposed Waiver Between 1 and 2 years

Waiver Coverage Individual Waiver

Funding Agency

DEPT OF THE ARMY

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6/20/23, 4:18 PM Diesel engine for generator to support the Forward Repair System (FRS) maintenance module. | Made in America https://www.madeinamerica.gov/waivers/nonavailability/648c8a045576781d49d7c4d7 3/3

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