SSJ on BEAR Signed.pdf

Sole Source (Including Brand Name) Justification - Simplified Procedures for Certain Commercial Items

Brand Name Justification

March 2023 Brand Name Justification Page 1 of 5

NOTE: If a Justification was approved for the preceding acquisition, a copy of the approved Justification for the predecessor action must be included in the staff package for approval of the instant Justification. This applies to Justification staff packages that are submitted for review and approval at a level above the contracting officer. The predecessor Justification will be used as a reference document by the approving official.

Is this a new or amended J&A Document? New Amended ( Prior to Award Only! )

Is this a Bridge Action as defined in the AF Bridge Action Reduction Plan? Yes No

Funding level for this acquisition: >SAT and < $750K > $750K and < $15M

Contracting Activity: 700th Contracting Squadron

Purchase Request / Local ID Number: F3N0613339A001

Program / Project (and PE, if applicable): BPU (BEAR Power Unit) Repair

Program Type (PEO or Other Contracting): Other Contracting

Authority: AFFARS 5313.501 - 10 U.S.C. 3572, Implementation of Simplified Acquisition Procedures (41 U.S.C. 1901)

AFFARS 5313.501 - 10 U.S.C. 3403, Special Emergency Procurement Authority (41 U.S.C. 1903)

Estimated Contract Cost (including options): $305,395.11 Justification Type: Class Individual

COORDINATION ( AFFARS 5306.304(a)) Sign and Save Procedure

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Date

05 Dec 2023

Project Lead / Program Mgr / Requiring Activity TSgt Kassahun Gifawessen

LGRC / 480-4171

Signature

X

Date

01 May 2024

Contracting Officer Jennifer Arnett 700th Contracting Squadron, PKB Contracting Officer

DSN 314-489-6124

Signature

X

APPROVAL (AFFARS 5306.304(a) )

Date

28 May 2024

Chief of the Contracting Office (COCO) JOSHUA W. NABORS, Lt Col, USAF 700th Contracting Squadron, Commander

DSN : 314-489-6797

Signature

Sole Source (Including Brand Name) Justification - Simplified Procedures for Certain Commercial Items

March 2023 Brand Name Justification Page 2 of 5

I. Contracting Activity.

Air Force, 700 CONS/PKB, Kapaun Air Station 67661 Kaiserslautern, Germany

II. Nature and/or description of the action being processed.

This acquisition will be a firm fixed price type contract that contains a delivery of trailer and spare parts as well as a repair, testing and calibration service. Based on the Contract Specialist's market research, the Basic Expeditionary Airfield Resources (BEAR) generator was bought under the FY09 D-type contract FA8533-09-D-0004 at the total of $919K, and Cummins company has a patent right for their spare parts. This Indefinite Delivery Contract FA8533-09-D-0004 was awarded on 21Sep2009 and expired on 20Nov2019 and did not contain any repair services.

Cummins company in Belgium needs 30-60 days lead-time to begin their repair service. The delivery of spare parts takes up to 3 months from USA to Belgium. The repair time will be 100 working hours according to Cummins Germany POC. The total time for a completion of this contract should be 6 months in total considering a transportation of BTU from Luxembourg to Belgium and back once repaired, tested and calibrated, the delivery as well repair service time frame.

The BPU is located at our customer's sustainment facility in Sanem, Luxembourg. Upon contract award, they will transport the generator to the Cummins repair facility in Belgium, where they will gather the parts and make the repair. Once the repairs are complete and the generator passes all the inspections, our customer will then transport the generator back to their site in Luxembourg.

Transport costs to and from the repair facility are not to be included in the contract, they will be handled by our customer's organization.

III. Description of supplies/services required to meet agency needs.

Repair of a damaged Basic Expeditionary Airfield Resources (BEAR) Power Unit (BPU). It uses military Power Command Control and offers significant operational advantages for all military services.

The BEAR Power Unit is one of USAFE's most highly tasked BEAR Unit Type Codes. Historically, the BPU has been tasked to areas such as Air Base 201 in Niger, Kunsan Ab Korea, and many different NATO exercises in the European theater.

This $919K generator can provide vital primary power requirements to bed-down sites downrange as well as back up for critical facilities. The generator cannot be repaired locally or by Air force personnel and must be repaired by the manufacturer, Cummins due to patent and warranty constraints.

If the work is not performed, it will not be repaired and will amount to a loss of Air Force assets and degrade readiness for USAFE's and the 86 MMS's mission in providing mission ready War Reserve Mater.

The Front axle of the BPU needs complete replacement. Radiator Cores need complete replacement due to damage and leaks. Front/Left/Bottom panels need to be replaced. The trailer has to be completely replaced. The cost for a new trailer is about $100K (shipping costs are not even included into this price). After all repairs are made, a complete test of the BPU needs to be accomplished to ensure everything runs safely and correctly. A fully mobile and operational BPU is required to meet the mission requirement.

Sole Source (Including Brand Name) Justification - Simplified Procedures for Certain Commercial Items

March 2023 Brand Name Justification Page 3 of 5

A functional mobile generator is necessary to provide electrical power to buildings, airfields, bases in the region (Europe and Africa) of responsibility. 100 hours of work will be needed to accomplish the repair service. 2/3 of the total price of $315K contain the costs for spare parts plus shipping costs to Belgium.

IV. Statutory authority permitting other than full and open competition.

AFFARS 5313.501 - 10 U.S.C. 3572, Implementation of Simplified Acquisition Procedures (41 U.S.C. 1901) No Substitutions are authorized for the In Power Service Tool which provides diagnostic and calibrates the BPU.

Cummins controls this service tool.

V. Demonstration that the contractor's unique qualifications or nature of the acquisition requires the use of the authority cited above (applicability of authority).

Cummins is the sole manufacturer of the BPU (BEAR Power Unit). They have access to programs specifically designed to run tests on their generators that no other company has access to. It can run on multiple fuels (JP-8, JP-5, Jet A, DF 1,2), operate in wide temperature range and delivers excellent power quality. DQBPU is an integrated power options in a mobile configuration, with reliable and stable power.

Cummins has the capability to support military products: in procurement, transportation, training, maintenance and support.

Their ability to support your mission includes:

Over 7,600 service locations around the globe, Distributor-supported commissioning and maintenance services, Critical parts inventory at distributor locations, and Detailed engineering documentation available for all products.

The Basic Expeditionary Airfield Resources (BEAR) generator was bought under the FY09 contract FA8533-09-D-0004, and Cummins company has a patent right for all their spare parts and repair service as well as diagnostic and calibration of the BPU. Based on the contract information from FY22, 23 and 24, Cummins company delivers their generators to multiple US governmental agencies for the total amount of $483,675,858.90 for Fiscal Years 2022, 2023, and 2024.

Cummins Belgium company is the only certified local company that can conduct repair service of BEAR generators for Belgium.

VI. Description of efforts made to ensure that offers are solicited from as many potential sources as practicable.

The specific requirement for BEAR repair service makes it very hard to compete it as full and open because the companies need to be located in Belgium and have a valid contract with Cummins on delivery of spare parts as well as diagnostic and calibration services of the BPU.

Cummins Germany was contacted for a price quote, but they do not compete any requirement inside the Cummins company and, therefore, would not provide PKB with their price quote since Cummins Belgium had already done it. According to US Cummins policy, there is no competition allowed inside Cummins local offices in Europe. Mr. Nies from Cummins Germany (tel: 06152-1740) was contacted for a price quote.

Sole Source (Including Brand Name) Justification - Simplified Procedures for Certain Commercial Items

March 2023 Brand Name Justification Page 4 of 5

VII. Determination by the Contracting Officer that the anticipated cost to the Government will be fair and reasonable.

Fair and reasonable determination will be prepared based on repair services conducted on smaller type of Pillar generators being used at Ramstein Air Base. The labor costs needed for repair, testing and calibration service can be compared with labor costs used in Germany.

Cummins Belgium submitted their splitting costs into a delivery of trailer and spare parts that makes 2/3 of the total costs and repair service (1/3 of the total cost=100 working hours) needed for a price comparison and price fair and reasonable determination.

VIII. Description of the market research conducted and the results, or a statement of the reasons market research was not conducted.

Cummins is the sole manufacturer of the BPU, and Cummins Belgium is the only certified and authorized BEAR dealer and service provider for the generator located in Belgium.

According to the market research conducted, Cummins company is the only manufacture for large generators that are used by the Department of Defense. Besides the USA, no other country has a need for this type of generator. Therefore, the competition cannot be achieved for this purchase.

IX. Any other facts supporting the use of Other Than Full and Open Competition.

Cummins Germany and US Cummins were contacted for a price competition during the PKB market research. According to US Cummins policy, the competition inside the company and their local office in Europe is not allowed if one Cummins office has already submitted its price quote.

The Notice of Government's Intend to Award to the Sole Source was published on SAM website for two weeks. No responses were received.

X. List of any sources that expressed, in writing, an interest in the acquisition.

N/A

XI. A statement of the actions, if any, the agency may take to remove or overcome any barriers to competition before making subsequent acquisitions for the supplies or services required.

At this time, due to warranty/patent rights for the existing Cummin's BPU in Belgium, it is not possible to get competition. Overcoming future sole source requirements would be to find new Generators that meet the Governments needs and competing those acquisitions if the market research allows it.

XII. Certification by the Contracting Officer.

As evidenced by my signature above, I have determined this document to be both accurate and complete to the best of my knowledge and belief.

Sole Source (Including Brand Name) Justification - Simplified Procedures for Certain Commercial Items

March 2023 Brand Name Justification Page 5 of 5

XIII. Certification by the technical/requirements personnel.

As evidenced by my signature above, I certify that any supporting data contained herein, which is my (our) responsibility, is both accurate and complete.

Remove the Guidance pages below.

Sole Source (Including Brand Name) Justification - Simplified Procedures for Certain Commercial Items March 2023 Page of International Agreement Competitive Restrictions (IACR) March 2023 Page of NOTE: If a Justification was approved for the preceding acquisition, a copy of the approved Justification for the predecessor action must be included in the staff package for approval of the instant Justification. This applies to Justification staff packages that are submitted for review and approval at a level above the contracting officer. The predecessor Justification will be used as a reference document by the approving official.

Is this a new or amended J&A Document?

Is this a Bridge Action as defined in the AF Bridge Action Reduction Plan?

Funding level for this acquisition:

Authority:

Justification Type:

COORDINATION ( AFFARS 5306.304(a)) ** The text in the signature blocks below is editable, including the title.

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APPROVAL (AFFARS 5306.304(a)) NOTE: A signature block will appear here based on the funding level selected above.

(See "Specific Guidance for Completing this Template" below.)

I. Contracting Activity.

II. Nature and/or description of the action being processed.

III. Description of supplies/services required to meet agency needs.

IV. Statutory authority permitting other than full and open competition.

V. Demonstration that the contractor's unique qualifications or nature of the acquisition requires the use of the authority cited above (applicability of authority).

VI. Description of efforts made to ensure that offers are solicited from as many potential sources as practicable.

VII. Determination by the Contracting Officer that the anticipated cost to the Government will be fair and reasonable.

VIII. Description of the market research conducted and the results, or a statement of the reasons market research was not conducted.

IX. Any other facts supporting the use of Other Than Full and Open Competition.

X. List of any sources that expressed, in writing, an interest in the acquisition.

XI. A statement of the actions, if any, the agency may take to remove or overcome any barriers to competition before making subsequent acquisitions for the supplies or services required.

XII. Certification by the Contracting Officer.

XIII. Certification by the technical/requirements personnel.

Specific Guidance for Completing this Template

I. Contracting Activity. (FAR 6.303-2(b)(1))

Fully identify the contracting agency and organizational activity responsible for the proposed contracting action.

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

State whether the action will be awarded as a new contract or by modification to an existing contract (identify contract number) and identify the type contract planned (FAR 12.207 and DFARS 212.207).

An individual Justification cannot be used to support more than one contract irrespective of the quantities or the dollar value stated therein. If a proposed contract will contain unpriced options (including NTE prices), those options must be supported by a separate Justification prior to option exercise or the Justification supporting the basic contract must be a Class Justification. For Class Justification situations (covers more than one contract) where the number of contracts in the class can be identified: (1) Provide a brief general description of actions; (2) identify the supplies and services that are being acquired; and (3) for each contract in the class identify the contractor, estimated value, type of contract and rationale for contract length, and estimated award date. Where the same information applies to more than one contract within the class, it need only be stated one time.

III. Description of the supplies/services required to meet agency needs. (FAR 6.303-2(b)(3))

Specifically describe the supplies and/or services to be acquired, the total estimated value of the acquisition - including options (provide cost estimate by year and, for class Justifications, by contract action), and the estimated delivery dates/periods of performance If commodities are being procured, provide quantities. All contract line items (CLIN) -- e.g., technical data, support equipment, support services, etc. -- should be listed. If all of the ancillary requirements associated with a particular item are not specifically described in the Justifications, those ancillary requirements cannot be included in the resulting contract and would require a second Justification. Also, state the type of appropriation (e.g., 3010, 3400) that will be used to fund each requirement listed.

If approval for more than one fiscal year requirement is needed, give the rationale for this request. Generally, the scope of these actions is limited to current requirements only, so that actions may be taken to facilitate competition for out-year requirements.

In some cases, there are no feasible actions that could develop future competition, and it is reasonable to seek approval for more than one fiscal year's requirements.

For ID/IQ or requirements contracts, use the maximum dollar value of the total estimated orders as the estimated Justification dollar value.

IV. Statutory authority permitting other than full and open competition. (FAR 6.303-2(b)(4)) V. Demonstration that the contractor's unique qualifications or nature of the acquisition requires the use of the authority cited above (applicability of authority). (FAR 6.303-2(b)(5)) Provide, in narrative form, a detailed explanation supporting and clearly relating to the conditions described by the FAR for using the particular authority cited. This section is normally the most detailed part of the justification as the essence of the justification is presented here. For acquisitions that include both supplies and services, separately justify the use of the authority for the services and supplies.

Contracting without providing for full and open competition shall not be justified on the basis of lack of advance planning by the requiring activity or concerns related to the amount of funds available (e.g., funds will expire) (10 U.S.C. 3204) VI. Description of efforts made to ensure that offers are solicited from as many potential sources as practicable.

(FAR 6.303-2(b)(6))

Describe all efforts taken (or to be to be taken) to ensure that offers are solicited from as many potential sources as practicable under the circumstances. Although Market Research is covered in Section VIII, the information in Section VI should correlate with the Market Research described in Section VI. The following issues should be addressed in this paragraph:

Sources Sought Synopsis (used as part of market research). If a sources sought synopsis was issued, state the date the synopsis was issued and a brief description of its content. If any responses were received, describe in detail the results of the screening process and the rationale for determining the unacceptability of any synopsis respondents. Reference FAR 13.105, Synopsis and Posting Requirements.

Other Actions. In this paragraph, discuss any other actions taken or planned to facilitate competition for this acquisition. The discussion should include actions tried or considered even if the actions were unsuccessful. If the efforts were unsuccessful, so state and describe why.

Qualifying Country Sources. If qualifying country sources have expressed interest, but are to be excluded, provide supporting rationale.

VII. Determination by the Contracting Officer that the anticipated cost to the government will be fair and reasonable. (FAR 6.303-2(b)(7))

Include a statement by the contracting officer that the anticipated cost will be considered fair and reasonable and provide the basis for this determination. The steps that will be taken to ensure the final contract price will be fair and reasonable are also described here. Describe the extent of cost or price analysis anticipated including the requirements for certified cost or pricing data, technical evaluations, and audits.

VIII. Description of the market research conducted and the results, or explain why market research was not conducted. (FAR 6.303-2(b)(8))

Generally, some form of market research should be conducted. Discuss any market research conducted pursuant to FAR Part 10 and describe results of that research. Market research is any effort undertaken to determine if sources capable of satisfying the agency's requirements exist and to determine if commercial items or non-developmental items are either available or can be modified so that they will satisfy the agency's needs. Market research should be focused not only on identifying alternate sources, but also on alternate equipment or substitutes that might fulfill the Government needs with only minor modification. Regardless of the approach used, the results should provide a high level of confidence that no other qualified sources exist.

When other exceptions from the requirement to obtain full and open competition are relied upon, the market research might be limited to an examination of the acquisition history and experience with the marketplace under previous acquisitions for the same or similar items.

If no market research was conducted, so state and provide the rationale.

IX. Any other facts supporting the use of Other Than Full and Open Competition. (FAR 6.303-2(b)(9)(i))

Provide any other facts supporting the use of other than full and open competition, including an explanation of why technical data packages, specifications, engineering descriptions, statements of work, statements of objectives, or purchase descriptions suitable for full and open competition have not been developed, are not being developed, are not being used, or are not available.

X. List of sources, if any, that expressed interest in the acquisition. (FAR 6.303-2(b)(10))

If a sources sought synopsis was done and all interested sources are included in Section VI, it is acceptable to state, “See Section VI above.”

XI. A statement of the actions, if any, the agency may take to remove or overcome any barriers to competition before making subsequent acquisitions for the supplies or services required. (FAR 6.303-2(b)(11))

Describe any actions taken or to be taken to foster competition for future acquisitions of the supplies or services being acquired. Describe potential actions that could be taken to remove the barriers to competition that have been identified in the justification and include a milestone schedule, where available, for accomplishing these actions. For example, if a follow-on competitive acquisition is planned, so state and provide the planned award date, or state that the Government will attempt to acquire rights in technical data and computer software sufficient to compete follow-on acquisitions as a priced option in the contract action that is the subject of this Justification, or (if applicable) state how the Government intends to challenge nonconforming markings on technical data and computer software delivered to it under previous contracts so those markings can be removed in order that the technical data and computer software may be used in support of a follow-on competitive acquisition, or describe plans to qualify additional sources.

Address efforts to ensure competition for future spare parts and maintenance in support of systems or equipment covered by the justification, even when these acquisitions will be accomplished by other organizations. Include a discussion on available breakout data.

If no actions are planned, so state and provide reasons. If approval is sought for more than one year, explain why a sole source effort is required for the planned time duration.

For a non-competitive follow-on acquisition to a previous award for the same supply or service supported by a Justification citing the same authority, include a discussion of the actions planned to overcome barriers to competition established in the previous justification, the status of those actions, and the results of those actions. The approval authority shall determine whether the planned actions were completed. If the planned actions were not completed, the justification for the follow-on acquisition shall be approved by the approval authority one-level above the approval authority for the previous justification (see FAR 13.501(a)(2)). If the previous justification was approved by the Senior Procurement Executive (SPE), the approval remains at the SPE level.

[DFARS 213.501(a) and DFARS PGI 206.304(a)(S-70)(ii)] XII. Certification by the Contracting Officer. (FAR 6.303-2(b)(12))

As evidenced by his/her signature, the contracting officer has determined this document to be both accurate and complete to the best of his/her knowledge and belief.

XIII. Certification by the technical/requirements personnel. (FAR 6.303-2(c))

As evidenced by their signatures, the technical and/or requirements personnel have certified that any supporting data contained herein, which is their responsibility, is both accurate and complete.

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