JA_Redacted.pdf

J&A No. 18-034

Justification Under the Authority of the FAR 13.5 Simplified Procedures for

Certain Commercial Items 41 U.S.C. 1901

Justification for Other Than Full and Open Competition

FAR 13.501

Project/Program Name: MTU America Inc., (MTU) Engine Maintenance Course of Instruction (COI) Component/PEO/Other: Naval Special Warfare Group FOUR (NSWG4) Estimated Contract Cost (including options) : $1,850,000.00 Type J&A: (Individual or Class )

J&A No.

18-034Obtained from OOffice Log or KM

1. Agency and Contracting Activity: (FAR 6.303-2(a)(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(a)(2)) Proposed action will establish a five year, single award, firm-fixed price, indefinite delivery, indefinite quantity type contract on a sole source basis to MTU America, Incorporated. Total dollar value of all order issued under this action shall not exceed $1,850,000. Operations and Maintenance (O&M) appropriations are anticipated to be utilized to fund required tasking.

3. Description of Supplies/Services: (FAR 6.303-2(a)(3)) The Naval Special Warfare Group FOUR (NSWG-4); Special Boat Teams 12 (SBT-12) and 20 (SBT-20) require familiarization and certification training on the function, design, troubleshooting, preventative and corrective maintenance of the MTU diesel engine system installed on the Combatant Craft Medium (CCM) and Heavy (CCH) crafts.

Engine service courses of instruction (COI) will provide training personnel different areas of service to the MTU engine system installed on the Combatant Craft Medium (CCM) and Heavy (CCH) crafts. Three COIs will be provided to personnel relating to MTU engines: Operator Level (CM1/CE1) two day training for up to eight personnel;

Operator and Shop Level Maintainer (CM2/CE2) four day training for up to eight personnel; and Advanced Electronics training (CE3) four day training for up to four personnel.

4. Authority Cited: (FAR 6.303-2(a)(4)) 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 13.501(a).

5. Reason for Authority Cited: (FAR 6.303-2(a)(5)) The Combatant Craft Medium (CCM) and Combatant Craft Heavy (CCH) crafts employ MTU diesel engines as their means of propulsion. These diesel engines technology and the content of the curriculum are the proprietary intellectual property of the MTU America Inc. MTU does not authorize any other service training providers to perform these types of training and certification services. The diesel engines used are unique to CCM and CCH crafts and no other substitute diesel engine training will sufficiently prepare personnel to conduct necessary maintenance and repairs.

6. Efforts/Actions to Increase Competition: (FAR 6.303-2(a)(6)) A notice was or was not publicized as required by FAR 5.2. If a notice was not publicized, the exception cited under FAR 5.202(a)(1) through (13) was:

MTU is the sole provider of the required instructional courses due to proprietary rights of their technical capabilities associated with the MTU engines. The Government intends to maximize competition of all its requirements to the extent practicable. Until such time as the OEM (MTU) making proprietary information available for resale on the secondary market, these required courses and content remain available only through MTU.

A notice will be publicized as required by FAR 5.201 on the Government-wide Point of Entry (GPE) FedBizOpps (FBO) website as an intent to solicit and award on a sole source basis to MTU. The notice to be publicized will provide any potential vendors the opportunity to make themselves and their capabilities known. All future requirements will be handled on a case-by-case basis and market conditions will be evaluated prior to any additional procurement actions.

This contract will also allow for customized training that deviates from these basic require-ments, but still falls within the general scope and ceiling of the contract.

7. Market Research: (FAR 6.303-2(a)(8)) The Government conducted a search of vendor websites, internet searches for other vendors that might provide the same service, contacted industry, and conducted a review of previous acquisitions.

The Government contacted MTU and its representatives verified that the company does not authorize any other vendors to conduct this training is has not established a network of training providers. Training is only available from its corporate training facility in Canton, MI.

The Government reviewed other contracts for this or similar training. The Government issued the following previous training contracts; all on sole source basis with MTU America Inc.: H992240-15-P0225, H992240-14-P-0402 H92240-14-P-0264 and H92240-16-P-0102.

8. Interested Sources: (FAR 6.303-2(a)(10)&(11)) MTU America Incorporated DUNS: 020016718 CAGE Code: 72582 39525 Mackenzie Drive Novi, MI 48377-1602

9. Other Facts: (FAR 6.303-2(a)(9)) None

SPACE INTENTIONALLY LEFT BLANK

10. Technical and Requirements Certification:

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:

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

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

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:

14. Procuring Activity Advocate for Competition SOFARS 5601-1 I have reviewed this document and find the J&A adequate to support other than full and open competition: