J and A.pdf

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

FOR OFFICIAL USE ONLY

March 2020 FOR OFFICIAL USE ONLY Page 1 of 3March 2020 FOR OFFICIAL USE ONLY Page 1 of 3

Was a J&A approved for the preceding acquisition? Yes No

Is this a new or amended J&A Document? New Amended ( Prior to Award Only! )

Is this a Bridge Action as defined at AFFARS 5302.101? Yes No

Dollar Value of this Acquisition: < $700K > $700K and < $13.5M > $13.5M and < $93M > $93M

Contracting Activity: 766 SCONS/PKD

Purchase Request (if available): FaW6CC9303AW01

Program / Project (and PE, if applicable): Wake Island Cummins Generator #1 and #2 Replacement

Program Type (PEO, Enterprise, of Operational):

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): $ 819,887.20 J&A Type: Class Individual

COORDINATION (AFFARS 5306.304(a) ) Sign and Save Procedure

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Date

10 Mar 2020

Project Lead / Program Mgr / Requiring Activity 2d Lt Benjamin D. Swartzell

611 CES/CEOE (907) 552-7995

Signature

X

Date

10 Mar 2020

Contracting Officer Clayton B. Bodkin

766 SCONS/PKD / 907-552-1531

Signature

X

Date Local Legal Reviewer Heather N. Corrothers, Maj, USAF

PACAF/JA 315-448-2167

Signature

X

Date

17 Mar 2020

Chief of the Contracting Office (COCO) Kathryn L. Hinds, Lt. Col, USAF

766 SCONS/CC / (808) 471-4316

Signature

X

APPROVAL (AFFARS 5306.304(a) )

Date

30 Mar 2020

Competition Advocate Colonel Brian V. Ucciardi, Col, USAF

AFICA/KH / (808) 449-8568

Signature

March 2020 FOR OFFICIAL USE ONLY Page 2 of 3March 2020 FOR OFFICIAL USE ONLY Page 2 of 3

I. Agency and Contracting Activity.

766 SCONS/PKD

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

Contractor will be required to acquire the necessary equipment, materials, labor and transportation for replacing generator1 and 2 of the 4 generator power plant out on Wake Island. Then the contractor will be required to transport the generators to JBER for processing through DRMO

III. Description of supplies/services required to meet agency needs (including the estimated value).

Purchase and installation of 2 new power plant generators. Contractor shall provide new generators, Model #s DQFAA A056H927 and DQFAA A054M837, to include all equipment, materials, labor, supervision, and transportation needed for the execution of delivering the generators to Wake Island. Work shall include removal of existing generators and installation of new generators. The contractor will also be responsible for commissioning and testing the generators in accordance with Cummins procedures.

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

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

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

The current setup for the generators at Wake Island are specific to the installation and operation of the specified make and model needing replacement. This manufacturer happens to be Cummins. Currently, all four existing power plant generators and the associated power pro system out at Wake Island are Cummins specific models. Installation of a different make/ model would require significant renovation to the facility and infrastructure to include all required system hookups. The generators are required to run in tandem and cant do that if they are not the same. If another generator manufacturer is to be looked at, all four generators would need to be replaced as well as all existing connections or systems. The Government would expect the costs for new equipment to be approximately $3.7M if the Government had to change make/model of generator. As this is a major system and highly specialized equipment needed to run the entire base, award to any other source is likely to result in a substantial duplication of cost to the Government that is not expected to be recovered through competition.

Cummins corporate has strict guidelines regarding doing business within its established regions around the world. This means they have specific office locations that are set up to only service specific locations. In talking with the territory Manager for Cummins he confirmed that they will only allow Cummins Anchorage Alaska to supply and install the generators for Wake Island. Wake Island is located in the territory where Cummins Anchorage Alaska has been established as the servicing office we are required to work with when dealing with these generators and Cummins. Previous attempts to deal with Cummins Hawaii have been rejected and forwarded to Cummins Anchorage Alaska stating they do not serve Wake Island. This is why Cummins Anchorage Alaska is the only responsible source for this acquisition, as further evidenced by the attached letter provided by the Pacific Region General Sales Manager. The letter states, "...Cummins Sales and Service Anchorage office is assigned to support sales and genset service for the Wake Island Territory."

VI. Description of efforts made to ensure that offers are solicited from as many potential sources as practicable, including whether a notice was or will be publicized as required by subpart 5.2 and, if not, which exception under FAR 5.202 applies.

In Aug 2019, a notice to award for sole source to Cummins for a generator replacement was posted to FBO and no objections were received. Over the past few years as a result of the repair and replacement of the Cummins generators in theater our office has talked to many contractors about supplying these generators as well as servicing them. They have all

March 2020 FOR OFFICIAL USE ONLY Page 3 of 3March 2020 FOR OFFICIAL USE ONLY Page 3 of 3 not been able to supply them but were licensed to perform general work on them as authorized by Cummins. It is still possible that another company can perform general maintenance, logistic transportation, perform removal and placement of these generators without voiding warranties. But the purchase of these generators to include final install and commissioning must be done by the authorized Cummins office and service center that is assigned to that territory.

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

The Contracting Officer will use the following method to support a determination of price fair and reasonable. IAW Far 13.106-3(a)(2)(iv) A comparison with similar items in a related industry such as other manufacturers who produce similar Generators. The procedures in FAR subpart 13.5 were used in accordance with 41 U.S.C.1901.

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

Market research includes contact with Cummins dealerships, Internet searches, communications with other contractors who have provided service in the past and review of prior contracts for the same type of work. Also as stated above in Aug 2019, a notice to award for sole source to Cummins for a generator replacement was posted to FBO and no objections were received. We have also recieved a letter from Cummins Corporate stating "...Cummins Sales and Service Anchorage office is assigned to support sales and genset service for the Wake Island Territory." A Market research report has been completed and has been provided to the COCO and Competition Advocate.

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

None

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

None

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.

At this time, there is no anticipation to change out the entire generator setup at Wake Island, therefore there is not any plan for overcoming the competition barrier. We will continue to contact other Cummins distributors to see if their practices change to where there may be other locations that could compete for the service on Wake Island with these generators.

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.

Remove the Guidance pages below. Remove the IACR pages below.

March 2020 Page of International Agreement Competitive Restrictions (IACR) Page of March 2018 Was a J&A approved for the preceding acquisition?

!! Attach the preceding J&A in the staff package for this J&A. The preceding J&A will be used as a reference document.

Is this a new or amended J&A Document?

Is this a Bridge Action as defined at AFFARS 5302.101?

Dollar Value of this Acquisition:

J&A Type:

!! Provide estimated cost of all contracts.

COORDINATION (AFFARS 5306.304(a)) ** The text in the signature blocks below is editable, including the title.

** To remove a row, click the "X" next to the signature block. CAUTION: Once removed, it can only be restored by downloading the BLANK FORM again.

APPROVAL (AFFARS 5306.304(a)) NOTE: A signature block will appear here based on the "Dollar Value of this Acquisition" selected above.

(See "Specific Guidance for Completing this Template" below.)

I. Agency and Contracting Activity.

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

III. Description of supplies/services required to meet agency needs (including the estimated value).

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

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

VI. Description of efforts made to ensure that offers are solicited from as many potential sources as practicable, including whether a notice was or will be publicized as required by subpart 5.2 and, if not, which exception under FAR 5.202 applies.

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

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

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

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

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.

XII. Certification by the Contracting Officer.

XIII. Certification by the technical/requirements personnel.

Specific Guidance for Completing this Template

I. Agency and Contracting Activity.

II. Nature and/or description of the action being processed. (FAR 6.303-2(b)(2))

State whether the action is a new contract or a modification to an existing contract (identify contract number) and identify the contract type planned (e.g., firm-fixed-price, cost-plus-incentive-fee, hybrid etc.). If exception 2 is cited (unusual or compelling urgency), include the date of UCA/contract/modification issuance and amount.

For class J&As, where the number of contracts in the class can be identified: Provide the nature and/or description of each contract action and contract type. If the same information applies to more than one contract, it need only be stated once.

III. Description of the supplies/services required to meet agency needs (including the estimated value).

(FAR 6.303-2(b)(3))

Describe the supplies and/or services to be acquired and include the total estimated value of the acquisition and, for class J&As, by contract action, and the estimated periods of performance.

For ID/IQ or requirements contracts, use the maximum dollar value of the total estimated orders as the estimated J&A dollar value.

IV. Statutory authority permitting other than full and open competition. (FAR 6.303-2(b)(4))

10 USC 2304(c)(?) (see Note 1), as implemented by FAR 6.302-? (see Note 2), and required by FAR 6.303-2(b)(4).

Note 1: Complete the 10 USC 2304(c) citation with the statutory subparagraph cited in the (a) Authority (1) Citations portion of the Competition exception used for your J&A. Do not provide more than one citation.

Note 2: Complete the FAR citation with the appropriate subparagraph.

Note 3: For class J&As, all contracts within the class must fall within the same statutory authority.

V. Demonstration that the contractor's unique qualifications or nature of the acquisition requires the use of the authority cited above. (FAR 6.303-2(b)(5))

Provide an explanation to support the use of the authority cited. The explanation should tie back to the conditions described in the FAR for using the particular authority cited.

A. Only One Responsible Source (FAR 6.302-1) (DFARS 206.302-1 and DFARS PGI 206.302-1)

When using this authority, thoroughly describe the contractor's unique/highly specialized capabilities and/or qualifications (e.g., facilities, personnel, special tooling acquired), and why no other type of supplies or services will satisfy the agency requirements. This authority shall be used, if appropriate, in preference to the authority in FAR 6.302-7. This authority shall not be used when any of the other authorities apply.

For example, in the case of a follow-on contract for continued development or production of a major system or highly specialized equipment/services, the rationale must first justify the supplies/services as being a “major system” or “highly specialized.” The rationale must then justify “either” substantial duplication of cost to the government that is not expected to be recovered through competition, or unacceptable delays in fulfilling the agency's requirements, whichever situation applies.

In accordance with DFARS 206.302-1(c)(2) Application for brand-name descriptions. Notwithstanding FAR 6.302-1(c)(2), in accordance with section 888(a) of the National Defense Authorization Act for Fiscal Year 2017 (Pub. L. 114-328), the justification and approval addressed in FAR 6.303 is required in order to use brand name or equal descriptions.

B. Unusual and Compelling Urgency (FAR 6.302-2, DFARS 206.302-2, and DFARS PGI 206.302-2)

Contracting Officers must notify SAF/AQC as soon as practicable when contemplating the use of this authority for a J&A requiring SPE approval.

Provide an explanation why (1) the supplies or services are needed at once and/or (2) essential equipment or repairs to that equipment are needed at once to preclude the ability to meet critical mission needs of the USAF and Defense of the Nation. In other words, identify the anticipated serious injury to the Government, the nature of the urgency, the reasons for it occurring and why it is “urgent and compelling” to preclude adverse impact to military readiness. Merely citing a Joint Urgent Operational Need (JUON), Force Activity Designator (FAD) rating, Program Management Directive (PMD)/Program Action Directive (PAD) guidance, or DX priority rating is not in and of itself sufficient reason to use this exception from the requirement to obtain full and open competition. Note that only the minimum quantity required to satisfy the unusual and compelling urgency qualifies for this exception. In addition, the period of performance may not exceed one year, including all options [FAR 6.302-2(d)(ii)]; thus, the inclusion of options, when using this authority, is not advised.

Note: This statutory authority requires that agencies request offers from as many potential sources as is practicable under the circumstances.

C. Industrial Mobilization; or Engineering, Developmental, or Research Capability (FAR 6.302-3)

Justifications citing this authority must demonstrate the need to establish or maintain an essential capability, or a contract for supplies or services incidental to establishing or maintaining an essential capability, possessed by the identified source(s). Some form of market survey must support the need to establish or maintain the capability being procured.

D. Authorized or Required by Statute (FAR 6.302-5)

Identify what is being acquired and the applicable statute authorizing other than full and open competition in accordance with FAR 6.302-5(b).

Note: Some statutes do not require a written J&A.

E. National Security (FAR 6.302-6)

This authority may be used for any acquisition when disclosure of the Government's needs would compromise the national security (e.g., would violate security requirements); it shall not be used merely because the acquisition is classified, or merely because access to classified material will be necessary to submit a proposal or to perform the contract. Full and open competition need not be provided for when the disclosure of the agency's needs would compromise the national security unless the agency is permitted to limit the number of sources from which it solicits bids or proposals. This statutory authority requires that agencies shall request offers from as many potential sources as dis practicable under the circumstances.

F. Public Interest (FAR 6.302-7 and DFARS 206.302-7)

The use of this authority requires a written Determination and Finding (D&F) in accordance with FAR 1.7 in lieu of J&A. The D&F shall not be made on a class basis.

This authority may only be used when none of the other authorities apply. Provide detail addressing the reasons full and open competition is not in the public interest and why no other authority is appropriate for use.

VI. Description of efforts made to ensure that offers are solicited from as many potential sources as practicable, including whether a notice was or will be publicized as required by FAR 5.2 and, if not, which exception under FAR 5.202 applies. (FAR 6.303-2(b)(6))

Describe all efforts taken, or to be to be taken, to ensure that offers are solicited from as many potential sources as practicable under the circumstances. Although market research is covered in Section VIII, the information in Section VI should correlate with the market research described in Section VIII. To ensure completeness, it is best to provide information such as the following:

If a sources sought synopsis or an RFI was issued, provide the date the synopsis was issued along with a brief description of its content. Identify the number of responses received, the results of the screening process, and the rationale for determining the unacceptability of any respondents. Note: An RFI or Sources Sought Synopsis is mandatory IAW DFARS PGI 206.303-2(b)(i) when citing the authority of 10 USC 2304(c)(1), “Only one (or a limited number of) responsible source(s)”.

Specify whether this acquisition will require a Notice of proposed Contract Action (NOCA) IAW FAR 5.201 and if not, provide the exception IAW FAR 5.202. If a NOCA was or will be publicized provide the dates or expected dates of publication of the NOCA. Address any other actions taken or planned to facilitate competition for this acquisition.

Qualifying Country Sources. If qualifying country sources have expressed interest, but are to be excluded, provide supporting rationale.

VII. Determination by the contracting officer that the anticipated cost to the government will be fair and reasonable. (FAR 6.303-2(b)(7))

Provide the basis for this determination.

VIII. Description of the market research conducted and the results, or explain why market research was not conducted. (FAR 6.303-2(b)(8))

Discuss any market research conducted pursuant to FAR Part 10 and describe results of that research.

When other exceptions from the requirement to obtain full and open competition are relied upon, the market research might be limited to an examination of the acquisition history and experience with the marketplace under previous acquisitions for the same or similar items.

If market research was not conducted, so state and provide the rationale.

IX. Any other facts supporting the use of Other Than Full and Open Competition. (FAR 6.303-2(b)(9)(i))

X. List of sources, if any, that expressed interest in the acquisition. (FAR 6.303-2(b)(10))

If a sources sought synopsis or RFI was issued and all interested sources are included in Section VI, it is acceptable to state, “See Section VI above.”

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. (FAR 6.303-2(b)(11))

If no actions are planned, provide rationale (i.e., sole-source to OEM, unable to compete due to inability to procure data rights, etc.) IAW DFARS PGI 206.304(a)(S-70)(ii), for a non-competitive follow-on acquisition to a previous award for the same supply or service supported by a J&A citing the authority at FAR 6.302-1. Include a copy of the previous J&A and include a discussion of the actions planned to overcome barriers to competition established in the previous justification, the status of those actions, and the results of those actions; and

The approval authority shall determine whether the planned actions were completed. If the planned actions were not completed, the justification for the follow-on acquisition shall be approved by the approval authority one-level above the approval authority for the previous justification (see DFARS 206.304). If the previous justification was approved by the Senior Procurement Executive (SPE), the approval remains at the SPE level.

XII. Certification by the Contracting Officer. (FAR 6.303-2(b)(12))

As evidenced by his/her signature, the contracting officer has determined this document to be both accurate and complete to the best of his/her knowledge and belief.

XIII. Certification by the technical/requirements personnel. (FAR 6.303-2(c))

As evidenced by their signatures, the technical and/or requirements personnel have certified that any supporting data contained herein, which is their responsibility, is both accurate and complete.

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The following page contains a suggested template for “International Agreement Competitive Restrictions (IACR)”.

The authority to prepare an IACR has been delegated from the HCA to the Contracting Officer.

(AFFARS 5306.302-4)

IV. Statutory Authority: 10 USC 2304(c)(4) as implemented by FAR 6.302-4, International Agreement.

VI. Certification of Accuracy and Completeness:

As evidenced by his/her signature, the contracting officer has determined the IACR to be both accurate and complete to the best of his/her knowledge and belief. The CO also approves the IACR.

As evidenced by his/her signature, the program/technical/requirements manager(s) have/has determined that any supporting data contained in the IACR, which is his/her responsibility, is both accurate and complete.

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