Brand_Name_Justification_MTU_Tools_(FBO_Posting).pdf

FOR OFFICIAL USE ONLY

United States Special Operations Command (USSOCOM)

Justification and Approval (J&A)

June 2017

June 2017 FOR OFFICIAL USE ONLY – J&A No. __-___

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

Preparation of this document is the responsibility of the Requiring Activity Official (RAO) via close coordination with the supporting contracting organization.

ALL AREAS ARE MANDATORY AND MUST BE COMPLETED

Authority: (10 U.S.C. 2304(c)( 1 ), as implemented by FAR 6.302- 1 ) Project/Program Name: High Frequency Radios Component: Naval Special Warfare Group Four (NSWG-4)

Estimated Contract Cost (including options) : $250,000.00 Type J&A: (Individual or Class )

J&A No.

18 - 037

Generated when entered in SOCOM log

1. Agency and Contracting Activity: (FAR 6.303-2(b)(1))

Agency: United States Special Operations Command (USSOCOM) 7701 Tampa Point Blvd, MacDill AFB, Florida 33621-5323 Contracting Activity: Naval Special Warfare Command, 2000 Trident Way, Bldg. 624 San Diego, CA 92155-5599

2. Description of Action: (FAR 6.303-2(b)(2))

Naval Special Warfare (NSW) Special Boat Team Twenty (SBT-20) proposes to procure by means of other than full and open competition for MTU Specialty Tools to be used in the maintenance and repair of the CCM MTU 2000CR diesel engine.

Approval is requested for a Brand Name, firm-fixed priced contract in support of SBT-20.

FY18 O&M funding in the amount of $145,903.79.00 has been provided for the initial task order.

3. Description of Supplies/Services: (FAR 6.303-2(b)(3)) This is a brand name requirement for:

Six (6) EA Tool Kit Part # F30453004 Six (6) EA Tool Kit Part # F30453005 Four (4) EA Hand Pump Part # B80146887 Twenty (20) EA Pin Threaded Part # 5362030462 Five (5) EA Test Kit Part # 5605892099/00 Three (3) EA Interface Cable Part # 23537701 Three (3) EA Extraction Device Part # F6796617 Four (4) EA Centering Device Part # F6783025.

4. Authority Cited: (FAR 6.303-2(b)(4))

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10 U.S.C 2304(c)(1), Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements, as implemented by FAR 6.302-1 Brand Name Purchase

5. Reason for Authority Cited: (FAR 6.303-2(b)(5)) SBT-20 requires MTU specialty service tools for conducting preventive and corrective maintenance on craft with MTU engines locally and deployed. MTU distributors are the only vendors authorized to sell the MTU specialty tools and tool kits required for the maintenance and repair of vessels with the MTU proprietary 2000CR diesel engine.

6. Efforts/Actions to Increase Competition: (FAR 6.303-2(b)(6) & (11)) The Government conducted market research, and will conduct market research for future requirements, to determine the market's ability to competitively satisfy the Government's requirement for the proprietary MTU tool’s and tool kits. The Government will publicize intent to issue award on brand name basis.

7. Market Research: (FAR 6.303-2(b)(8)).

Market research was conducted and revealed that there are at least three (3) authorized distributors of the Brand Name MTU tools/kits with the ability to meet the Governments requirements: Western Brand Diesel, Inc (CAGE: 3D921), Stewart & Stevenson Power Products, LLC (CAGE: 76KR1) & Stewart & Stevenson FDDA LLC (CAGE: 1HZH6).

8. Other Authorities/Factors: (FAR 6.303-2(b)(9))

N/A

9. Interested Sources: (FAR 6.303-2(b)(10))

NOTICE 1

Prior to approval, J&As will be screened to identify proprietary data and information exempted from disclosure by 5 U.S.C. 552, Freedom of Information Act, so that the final J&A may be prepared for required posting to FedBizOpps IAW Section 844 of NDAA 2009 as implemented via DPAP Memo, Public Disclosure of Justification and Approval Documents for Noncompetitive Contracts, dated 13 February 2009. J&As shall be posted to FedBizOpps within 14 days unless 10 U.S.C 2304(c)(2), Unusual and Compelling Urgency is cited. In that particular case the J&A will be posted within 30 days. Information selected for removal will be highlighted in yellow much like this statement so that signature authorities will know what information will be removed after approval, before posting.

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10. Technical and Requirements Certification: (FAR 6.303-2(c))

(This should be signed by a Requiring Activity Official (RAO) at a level commensurate with the ultimate approving authority:

a. If it does not require USSOCOM Agency Advocate for Competition (AAC) approval, then an RAO commensurate with the Chief of the Contracting Office.)

b. If the AAC or Head of Contracting Activity (HCA) must approve, then the RAO must be an 0-6 or equivalent.

c. If the Senior Procurement Exectutive (SPE) must approve, then the RAO must be at the level of Program Executive Officer, Director, Commander, Chief of Staff, or equivalent.)

I certify that the supporting data under my cognizance which are included in the justification are accurate and complete to the best of my knowledge and belief:

NAME: ______________________ TITLE: _______________________________

SIGNATURE: _______________________________ DATE: _________________

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11. Fair and Reasonable Cost Determination: (FAR 6.303-2(b)(7))

I hereby determine that the anticipated cost or price to the Government for this contract action will be fair and reasonable. (Provide the basis for this determination, e.g., describe techniques to be used to determine fair and reasonable price, such as cost analysis, price analysis, audit, should cost, independent Government estimate, etc. As part of this basis indicate whether certified cost or pricing data will be required or if one of the exceptions in FAR 15.403 will apply.)

CONTRACTING OFFICER SIGNATURE IN SECTION 12 BELOW ALSO SERVES AS

THE PRICE FAIR AND REASONABLENESS DETERMINATION IN THIS SECTION.

12. Contracting Officer Certification: (FAR 6.303-2(b)(12))

I hereby certify that this J&A is complete and accurate to the best of my knowledge and belief.

NAME: ___________________________ TITLE: __________________________

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13. Legal: SOFARS 5601-1

I have reviewed this document and find the J&A legally sufficient to support other than full and open competition:

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14. Agency Advocate for Competition (AAC): (If over Procuring Activity Advocate for Competition Authority (PAAC), [see SOFARS 5601-1 for your component’s approval authorities], up to $13.5M. Note AAC must also sign above $13.5M. SOFARS 5601-1

I have reviewed this document and find the J&A adequate to support other than full and open competition:

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15. Approval: (HCA Over $13.5M to $93M or SPE Over $93M )

Based upon the foregoing justification, I hereby approve the procurement of (state equipment/services being procured) in the estimated amount of (identify estimated total value of the contract action including options). The requirement will be released under solicitation (identify solicitation number) on an other than full and open competition basis. The action(s) pursuant to this J&A are subject to the availability of funds and the completion of all required statutory and regulatory reviews and approvals.

NOTICE 2

POST APPROVAL REQUIREMENT: IAW Section 844 of NDAA 2009 as implemented via DPAP Memo, Public Disclosure of Justification and Approval Documents for Noncompetitive Contracts, dated 13 February 2009, this J&A will be posted to FedBizOpps within 14 days unless 10 U.S.C 2304(c)(2), Unusual and Compelling Urgency is cited.

In that particular case the J&A will be posted within 30 days. Prior to posting, previously identified proprietary data and information exempted from disclosure by 5 U.S.C. 552, Freedom of Information Act, that has been identified IAW Notice 1 via yellow highlighting, will be removed in order to create a document that is no longer classified as “for official use only” and is thus, appropriate for public release. Follow the guidance found in the DCG for the redaction procees prior to public release.

16. HCA FAR 6.302-2 Approval: (Required when performance exceeds 12 months, regardless of contract amount )

Based upon the foregoing justification of exceptional circumstances, I hereby approve a cumulative period of performance to exceed one year, including all options, for the procurement of (state equipment/services being procured).

Approval Authority Note Regarding Follow-on J&A’s:

For a non-competitive follow-on acquisition to a previous award for the same supply or service supported by a justification for other than full and open competition citing the authority at FAR 6.302-1, follow the procedures at DFARS PGI 208.405-6.

https://sof.socom.mil/sites/SORDAC/K/SOFARS_DCG/DCG_HTML/DCG06.htm#DCG_6_3