PDF-Signed_BN_JA_Redacted.pdf

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

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I. Contracting Activity.

673d Contracting Squadron 10480 Sijan Avenue

JBER, AK 99506

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

This is a Class J&A for the purpose of purchasing partial brand name Deutz Diesel Engine Assembly Kits through an Indefinite Delivery Indefinite Quantity contract.

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

The government requires 16 Deutz Diesel Engine Assembly Kits, potentially increasing up to 18 kits per year for five years, with 24 Volt Operating Systems with an OEM paint specification of Black. These engines are used as part of the Aircraft Arresting Systems (AAS) to rewind the deployed cables of the Barrier Arresting Kit-12 (BAK-12) Energy Absorber and the Mobile Aircraft Arresting System (MAAS) units.

Each assembly kit must include the following brand name items:

• 1-Deutz Diesel Tier 4i Engine with EGR Valve, Rated at 63.7 HP @ 2600 RPM; 24 Volt electrical system (P/N: D2011L04i) (Deutz ONLY) (Refurbished or New)

• 1-Deutz LOFA 24 VDC Control Panel with internal gauge illumination wiring harness and no external factory harness (P/N: EP250KL7) (Deutz ONLY)

• 1- Power Take-Off (PTO) package, HSG size 4; Clutch size 8S (NACD P/N: 999-0521) (Deutz

ONLY)

• 1- 24 VDC Starter (P/N: 4300286) (Deutz ONLY)

• 1- 24 VDC Alternator (P/N: 4103903) (Deutz ONLY)

• 1- 24 VDC Shutdown Solenoid (P/N: 4103822) (Deutz ONLY)

• 2- 24 VDC Glow Plugs (P/N: 1179017) (Deutz ONLY)

• 1 Parts manual (P/N: 929EN) (Deutz ONLY) and 1 Operators/Instruction manual (P/N: 02979934) (Deutz ONLY) are also required.

IV. Statutory authority permitting Other than Full and Open Competition.

10 U.S.C. §2304(c)(1) states "Only one responsible source and no other supplies or services will satisfy agency requirements." This authority is referenced in 41 U.S.C. §1901, which is implemented by FAR 13.501(a)(1).

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

The 611 CES/CEOFP requires brand name Deutz Diesel Engine Assembly Kits. The Deutz diesel retracting engine is identified in the Operation and Maintenance Instructions Technical Order (TO) 35E8-2-10-1, and the illustrated parts breakdown TO 35E8-2-10-4 (See the contract file). The Deutz diesel engine assembly kit is an integral part of the BAK-12 Energy Absorber and the MAAS. The diesel powered rewind (retracting) engine installed on BAK-12 Energy Absorbers and MAAS is required to meet multifuel requirements for worldwide deployments and contingency operations. Failure to continue with standardization of these systems will have significant long-term impacts to strategic goals for reductions of operation parts, spare provisioning costs and increased integration costs for non-standardized diesel engine assembly kits. Procurement of Deutz brand name equipment is essential to the Government's requirements, thereby precluding consideration of a product by another company.

The BAK-12 and MAAS units are critical War Readiness Material (WRM) assets, in which failure to maintain the configuration control of this asset would result in the inability to maintain similar War Readiness Supply Kits (WRSK) for deployment purposes. The Deutz engines are the only engines that meet the exact specifications of the arresting system. Using other engines would require further, costly upgrading of the current system and some of these upgrades are not possible due to space restraints and other issues, such as cooling requirements and a lack of necessary waivers (See information provided by AAS Engineer in the contract file).

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

Multiple sources were found through market research, which was conducted using internet searches, previous acquisitions and customer research. Eight sources were contacted and some have confirmed that they can satisfy the requirement as well as expressed their interest in the acquisition.

The requirement will be synopsized for 15 days and then solicited using a Standard Form 1449 for 30 days in order to generate more competition.

This acquisition was also approached differently than previous purchases at other bases. In the past, many procurements satisfied this requirement through sole sourcing the assembly kits from one vendor. With the current purchase, the Government worked with the customer, members from Tyndall AFB, and the industry to find ways to create a requirement that consists of both "brand name" and "brand name or equal" items. This allowed for more vendors in the commercial market place to be able to purchase and assemble the items required. Ultimately, the acquisition was opened up from satisfying the requirement through just one vendor to possibly completing the purchase through many parties.

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

The anticipated cost to the Government will be fair and reasonable in accordance with FAR 13.106-3(a)(1) - Competitive quotations.

In the event that competition is insufficient to determine a price's fairness and reasonableness, the following have been identified as potential methods to aid in the process:

• FAR 13.106-3(2)(i) - Market Research

• FAR 13.106-3(2)(ii) - Comparison of the proposed price with prices found reasonable on previous purchases

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• FAR 13.106-3(2)(iv) - A comparison with similar items in a related industry

• FAR 13.106-3(2)(vii) - Any other reasonable basis

Prices could be compared with similar items and engine models from Deutz and other manufacturers. DLA also carries the D2011L04i model of Deutz engine, but it is the incorrect voltage; a price differential between the two different voltage models could also be considered. Previous purchases of these engines were made by both Joint Base Elmendorf-Richardson and Tyndall AFB (both of which act as Depot Level Repair Facilities for their respective Areas of Responsibility). Pricing from the previous acquisitions will be analyzed to help determine the fairness and reasonableness of pricing.

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

The 673d Contracting Squadron completed market research by searching the commercial market for commercial standards, practices and procedures. Internet searches for relevant items, as well as a search of all mandatory and optional supply sources were conducted as well. The government contacted multiple businesses regarding their capability to supply the required engines and to inquire about their interest in this acquisition. The market research also considered information that was collected by the customer and previous acquisitions made by Tyndall AFB and Joint Base Elmendorf-Richardson.

The market research led to the conclusion of the following information: This will be a commercial acquisition for engine assembly kits, which will be purchased in varying quantities over the next five years, up to 88 assembly kits in total. . There will be no Small Business Set-Aside and neither the Buy American Act nor the Non-Manufacturer Rule will be applicable. Also, the apparent best contract vehicle for satisfying this requirement will be an Indefinite-Delivery Indefinite-Quantity contract, as the Government cannot predetermine, above a specified minimum, the precise quantities of assemblies that will be required during the contract period. The government also cannot make a determination as to when such quantities will need to be delivered during each Fiscal Year and it is inadvisable for the Government to commit itself for more than a minimum quantity.

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

Historically, this procurement was requisitioned through USAF Supply channels; however, due to recent issues with the supply chain, the Aircraft Arresting Systems Engineer has provided authority (See the contract file) to purchase these items through local means (i.e. operational contracting). This authority is in effect until rescinded; and, it stipulates that purchases must be in accordance with the aforementioned TO.

The Deutz diesel retracting engine is identified in the Operation and Maintenance Instructions Technical Order (TO) 35E8-2-10-1, and the illustrated parts breakdown TO 35E8-2-10-4 (See the contract file). The Deutz diesel engine assembly kit is an integral part of the BAK-12 Energy Absorber and the MAAS.

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

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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.

The Deutz diesel engine is the only diesel engine authorized for the Aircraft Arresting System per TO 35E8·2-10-1. Any other diesel engine would have to first be determined as a suitable replacement or substitute which would cause further delays and seriously affect the ability of this organization to accomplish the required upgrades to MAAS and BAK-12.

Interested parties may contact the Aircraft Arresting System Engineer, Mr. Christopher S. Peisher, at christopher.peisher@us.af.mil for information on getting another model of engine approved for the AAS. The Aircraft Arresting System Engineer is the approval official for substitutions, not the Contracting Officer.

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.