J&A_FA812619PA056.pdf

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

FOR OFFICIAL USE ONLY

FOR OFFICIAL USE ONLY13 Sep 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: AFSC/PZIMB

Purchase Request / Local ID Number: F3YCEB9112AQ05

Program / Project (and PE, if applicable): Serv C19-087E Fluid Cell Press Oil Leak

Program Type (PEO or Other Contracting): Other Contracting

Authority: 6.302-2 – 10 USC 2304(c)(2), Unusual and Compelling Urgency

Estimated Contract Cost (including options): $

473,903.00

J&A Type: Class Individual

COORDINATION (AFFARS 5306.304(a) )

Date

25 Apr 2019

Project Lead / Program Mgr / Requiring Activity

Signature

Date

25 Apr 2019

Contracting Officer

APPROVAL (AFFARS 5306.304(a) )

Date

25 Apr 2019

Contracting Officer Brian K. Lewallen

AFSC/PZIMB

FOR OFFICIAL USE ONLY

FOR OFFICIAL USE ONLY13 Sep 2017

I. Contracting Activity.

Department of the United States Air Force

AFSC/PZIMB

3001 Staff Drive, Post 2S73 Tinker AFB OK 73020

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

This Individual Justification and Approval authorizes use of other than full and open competition procedures to procure a one-time Test Tear Down, Evaluation, and Repair Service Contract. The Contractor shall provide all labor, tools, equipment, test equipment, material, parts, quality control, transportation and inspection manuals necessary to perform the test, teardown, evaluation and repair on-base for the Oklahoma City -Air Logistics Complex (OC-ALC). The Contractor shall also provide Personal Protective Equipment (PPE) and clothing, to include reflective clothing (belt, vest, etc.); hearing and eye protection, to include prescription safety glasses; safety harnesses; fall protection equipment; lifting equipment and any incidentals necessary to perform the actions associated in the fulfillment of this requirement.

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

This service is a one-time test, tear-down, evaluation and repair of Enprotech Fluid Cell Press to return equipment to original operational specifications. The Pad that was installed in January of 2019 shall also be inspected to eliminate failures to the Fluid Cell Press.

The estimated value of this requirement including parts and labor is

An estimated Period of Performance is August 2019- August 2020. This estimate takes into account lead times for parts as well as the three phases to be completed (If all three phases are required).

76 MXSG is requesting the following parts to repair a Fluid Press Cell located in 9001 Post B27.

• Eight (8) each Suction Cups Part Number B110TW0050

• One (1) each Complete Diaphragm Part Number 6735 0281-Z

• One (1) each Tray Pad Part Number 3BPR002329K100

• One (1) each Profile Seal Part Number 6735 0336-7

The Funding Appropriation is AFMC 4930.

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

6.302-2 -- Unusual and Compelling Urgency.

(a) Authority.

(1) Citations: 10 U.S.C. 2304(c)(2) or 41 U.S.C. 3304(a)(2).

(2) When the agency's need for the supplies or services is of such an unusual and compelling urgency that the Government would be seriously injured unless the agency is permitted to limit the number of sources from which it solicits bids or proposals, full and open competition need not be provided for.

(b) Application. This authority applies in those situations where

(1) An unusual and compelling urgency precludes full and open competition, and

(2) Delay in award of a contract would result in serious injury, financial or other, to the Government.

(c) Limitations.

(1) Contracts awarded using this authority shall be supported by the written justifications and approvals described in

6.303 and 6.304. These justifications may be made and approved after contract award when preparation and approval prior to award would unreasonably delay the acquisition.

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(2) This statutory authority requires that agencies shall request offers from as many potential sources as is practicable under the circumstances.

(d) Period of Performance.

(1) The total period of performance of a contract awarded or modified using this authority --

(i) May not exceed the time necessary --

(A) To meet the unusual and compelling requirements of the work to be performed under the contract;

and

(B) For the agency to enter into another contract for the required goods and services through the use of competitive procedures; and

(ii) May not exceed one year, including all options, unless the head of the agency determines that exceptional circumstances apply. This determination must be documented in the contract file.

(2)

(i) Any subsequent modification using this authority, which will extend the period of performance beyond one year under this same authority, requires a separate determination. This determination is only required if the cumulative period of performance using this authority exceeds one year. This requirement does not apply to the exercise of options previously addressed in the determination required at (d)(1)(ii) of this section.

(ii) The determination shall be approved at the same level as the level to which the agency head authority in (d)

(1) (ii) of this section is delegated.

(3) The requirements in paragraphs (d) (1) and (d) (2) of this section shall apply to any contract in an amount greater than the simplified acquisition threshold.

(4) The determination of exceptional circumstances is in addition to the approval of the justification in 6.304.

(5) The determination may be made after contract award when making the determination prior to award would unreasonably delay the acquisition.

Rationale for Urgency of Need:

(1) The Fluid Cell Press is used to form end items using hydraulic pressure for a variety of weapon systems and support organizations including organizations. technicians have determined that any evaluation or repairs are beyond their capability. There is no alternative but to have an outside contractor evaluate the repair of the vacuum lines and working pad internal to the machine. The contract is necessary to determine all the problems and develop a solution

(2) The emergency was first identified on .

(3) Need date for OC20856 to be fully operational is .

(4) There is no potential for personnel injuries or loss of life due to the inoperable fluid cell press.

(5)

There are no known alternate processes or equipment to supplement the workload. The limited operating status or lack of functionality on the forming equipment is preventing the production of critical components and limiting the ability to meet customer on-time delivery.

Currently there are There are another that are lower priority awaiting forming, of the low priority jobs are awaiting one of the

. These will turn into higher priority jobs as the equipment awaits repair. These calculations do not include parts that are on hold by the planning office due to the equipment constraints.

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

Enprotech is the manufacturer of the Fluid Press Cell and the parts needed for repair must be from Enprotech due to form, fit and function. The parts are available only through Enprotech. The OEM does not have government or industry distributors of any source. Enprotech has confirmed that they are the sole source for these parts. It is required to have the Enprotech parts as they are a proven technology for the Fluid Press Cell.

In the effort to procure the parts necessary to complete the repair of the Enprotech Fluid Cell press, FAR Part 6.302-1

6.302-1 -- Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements.

(a) Authority.

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(1) Citations: 10 U.S.C. 2304(c)(1) or 41 U.S.C. 3304(a)(1).

(2) When the supplies or services required by the agency are available from only one responsible source, or, for DoD, NASA, and the Coast Guard, from only one or a limited number of responsible sources, and no other type of supplies or services will satisfy agency requirements, full and open competition need not be provided for.

(i) Supplies or services may be considered to be available from only one source if the source has submitted an unsolicited research proposal that --

(A) Demonstrates a unique and innovative concept (see definition at 2.101), or, demonstrates a unique capability of the source to provide the particular research services proposed;

(B) Offers a concept or services not otherwise available to the Government; and,

(C) Does not resemble the substance of a pending competitive acquisition. (See 10 U.S.C. 2304(d)(1)(A) and 41 U.S.C. 3304(b)(1).)

(ii) Supplies may be deemed to be available only from the original source in the case of a follow-on contract for the continued development or production of a major system or highly specialized equipment, including major components thereof, when it is likely that award to any other source would result in --

(A) Substantial duplication of cost to the Government that is not expected to be recovered through competition, or

(B) Unacceptable delays in fulfilling the agency's requirements. (See 10 U.S.C. 2304 (d)(1)(B) or 41 U.S.C. 3304 (b)(2).)

(iii) For DoD, NASA, and the Coast Guard, services may be deemed to be available only from the original source in the case of follow-on contracts for the continued provision of highly specialized services when it is likely that award to any other source would result in--

(A) Substantial duplication of cost to the Government that is not expected to be recovered through competition, or

(B) Unacceptable delays in fulfilling the agency's requirements. (See 10 U.S.C. 2304(d)(1)(B).)

(b) Application. This authority shall be used, if appropriate, in preference to the authority in 6.302-7; it shall not be used when any of the other circumstances is applicable. Use of this authority may be appropriate in situations such as the following (these examples are not intended to be all inclusive and do not constitute authority in and of themselves):

(1) When there is a reasonable basis to conclude that the agency's minimum needs can only be satisfied by --

(i) Unique supplies or services available from only one source or only one supplier with unique capabilities; or,

(ii) For DoD, NASA, and the Coast Guard, unique supplies or services available from only one or a limited number of sources or from only one or a limited number of suppliers with unique capabilities.

(2) The existence of limited rights in data, patent rights, copyrights, or secret processes; the control of basic raw material; or similar circumstances, make the supplies and services available from only one source (however, the mere existence of such rights or circumstances does not in and of itself justify the use of these authorities) (see Part 27).

(3) When acquiring utility services (see 41.101), circumstances may dictate that only one supplier can furnish the service (see 41.202); or when the contemplated contract is for construction of a part of a utility system and the utility company itself is the only source available to work on the system.

(4) When the agency head has determined in accordance with the agency's standardization program that only specified makes and models of technical equipment and parts will satisfy the agency's needs for additional units or replacement items, and only one source is available.

(c) Application for brand name descriptions.

(1) An acquisition or portion of an acquisition that uses a brand-name description or other purchase description to specify a particular brand-name, product, or feature of a product, peculiar to one manufacturer --

(i) Does not provide for full and open competition, regardless of the number of sources solicited; and

(ii) Shall be justified and approved in accordance with FAR 6.303 and 6.304.

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(A) If only a portion of the acquisition is for a brand-name product or item peculiar to one manufacturer, the justification and approval is to cover only the portion of the acquisition which is brand-name or peculiar to one manufacturer. The justification should state it is covering only the portion of the acquisition which is brand-name or peculiar to one manufacturer, and the approval level requirements will then only apply to that portion;

(B) The justification should indicate that the use of such descriptions in the acquisition or portion of an acquisition is essential to the Government's requirements, thereby precluding consideration of a product manufactured by another company; and

(C) The justification shall be posted with the solicitation (see 5.102(a)(6)).

(2) Brand-name or equal descriptions, and other purchase descriptions that permit prospective contractors to offer products other than those specifically referenced by brand-name, provide for full and open competition and do not require justifications and approvals to support their use.

(d) Limitations.

(1) Contracts awarded using this authority shall be supported by the written justifications and approvals described in

6.303 and 6.304.

(2) For contracts awarded using this authority, the notices required by 5.201 shall have been published and any bids, proposals, quotations, or capability statements must have been considered.

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

Due to the data usage rights nature of the repair processes used by the Original Equipment Manufacturer (OEM) and no expressed authorized repair centers outside the OEM, there were no efforts to create or obtain competition. It is at the discretion of the Contracting Officer to further pursue posting a Sources Sought Synopsis to identify potential vendors; however, upon discussion with the contractor during the Market Research Phase, it was previously disclosed that Data Rights have not and will not be released to industry.

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

The Contracting Officer will ensure the items identified for procurement are fair and reasonable prices to the Government.

The contract will be awarded IAW FAR Part 12 and 15. Price analysis will be performed based on comparison to previous Service/Repair oriented contracting actions.

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

Market research was performed reviewing Dynamic Small Business Search (DSBS) and System for Award Management (SAM) databases using North American Industry Classification System (NAICS) Code 811310 looking for any company that could provide this Service. In addition, a review of Small Businesses including: 8(a), HUBZone, Service Disabled Veteran Owned Business, and Women Owned Small Business was conducted in search of a company that could satisfy this requirement. In review there is only one source that can provide support for this contracting action. The machine/system has proprietary data that the OEM has no intention of selling to the Government or Industry, per the request of the Program Manager.

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

No further information at this time.

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

See Section VI above.

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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.

In order to try and foster competition, the Government will continue to conduct market research, post Sources Sought Synopsis on FedBizOpps and monitor the commercial marketplace for additional vendors capable and certified to perform maintenance on the Enprotech Fluid Cell Press.

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.