JA_Sole_Source_Gamesa_Repair_Redacted.pdf

Justification and Approval (J&A) for Other Than Full and Open Competition

14 Nov 2017

NOTE: If a Justification and Approval was approved for the preceding acquisition, a copy of the approved J&A for the predecessor action must be included in the staff package for approval of the instant J&A. This applies to J&A staff packages that are submitted for review and approval at a level above the contracting officer. The predecessor J&A 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! )

Funding level for this acquisition: < $700K > $700K and < $13.5M > $13.5M and < $93M > $93M

Contracting Activity: 90 Contracting Squadron, F.E. Warren AFB, Wyoming

Purchase Request / Local ID Number: FA4613-18-R-Gamesa Repair

Program / Project (and PE, if applicable): Gamesa G87 2 megawatt WTG repair

Program Type (PEO or Other Contracting): Service

Authority: 6.302-1 – 10 USC 2304(c)(1), Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements

Estimated Contract Cost (including options): J&A Type: Class Individual

COORDINATION (AFFARS 5306.304(a) )

Date

03 Apr 2018

Signature

APPROVAL (AFFARS 5306.304(a) )

Date

03 Apr 2018

Contracting Officer Troy T. Johnson

90 CONS/PKA, 307-773-4650

Signature

JOHNSON.TROY.T.1094

269160

Digitally signed by

JOHNSON.TROY.T.1094269160

Date: 2018.06.13 15:43:49 -06'00'

I. Contracting Activity.

90th Contracting Squadron, 7505 Barnes Loop, Bldg. 208, F.E. Warren AFB, WY 82005.

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

F.E. Warren currently has 3 turbines on base, producing hundreds of thousands of dollars each month towards energy costs. Currently, the Gamesa G87 2 megawatt WTG is inoperable, and has been for the past few years. The scope of the current wind turbine maintenance contract includes the Gamesa turbine as well as the two Vestas turbines located at FE Warren AFB. The current contractor cannot access proprietary information concerning critical software updates and fixes for the Gamesa wind turbine. The Gamesa turbine can only be repaired through a separate sole source contract to Gamesa in order to obtain the necessary proprietary information. In order to ensure that the Gamesa in under warranty after repair, the repair of the turbine as well as the maintenance contract must be sole sourced to Gamesa.

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

The contractor shall provide full service to troubleshoot, test, and repair the Converter Central Unit and related elements to re-establish full operation of the Gamesa wind turbine at F.E. Warren AFB, WY. The Gamesa G87 turbine is located atop a 50 meter (164') high tubular tower. The Contractor shall provide all supervision, personnel, equipment, vehicles, transportation, tools and services necessary to perform work as outlined in the Statement of Work (SOW).

After the repair of this turbine, the Government also intends to put a contract in place for the day to day maintenance of the turbine. The objective of this procurement is to get the Gamesa wind turbine operational, current and up to proper safety codes.

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

The authority permitting Other than Full and Open Competition is FAR Subpart 6.302-1 Only One Responsible Source and No Other Supplies or Services will Satisfy Agency Requirements.

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

Gamesa is the only contractor who can repair the wind turbine to full functionality. Due to the proprietary nature of this acquisition and the fixes that only Gamesa can troubleshoot, this requirement will be a sole source effort to Gamesa. Gamesa will not sell their hardware or software to a third party and without their guaranteed safety checks and software upgrades, the turbine is considered not commissionable.

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

Based on information listed in Section IV and V, it is in the best interest of the Government to award the acquisition using Only One Responsible Source and No Other Supplies or Services will Satisfy Agency Requirements.

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

The Contracting Officer will determine that the proposed cost is fair and reasonable based on a price analysis IAW 15.404.

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

A sources sought was posted on Federal Business Opportunities for 30 days in order to obtain other possible contractors who could repair the Gamesa wind turbine. No responses other than Gamesa were received.

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

Gamesa will not provide/sell their hardware or software that is needed to repair the wind turbine to a third party. Because of the turbines time out of service, it is also not commissionable without Gamesa's safety checks and upgrades. The risk of further damage to the turbine would be on the Government if the Government chose to use someone other than Gamesa. The award is also subject to time constraint for funds availability. Delay due to avoidable circumstances could result in lack of available funding.

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

No other sources expressed interest in the repair effort.

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.

Not Applicable.

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.

XIII. Certification by the technical/requirements personnel.

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