JA__SPRDL1-18-R-0064_Redacted.pdf

TRICON II Container Est Dollar Value: $1,200,000

No Previous J&A

SPRDL1-18-R-0064

CMO CONTROL NUMBER: (Completed by Comp. Mgt. Office)

DEFENSE LOGISTICS AGENCY

JUSTIFICATION AND APPROVAL

FOR OTHER THAN FULL AND OPEN COMPETITION

1. Contracting Agency: The Defense Logistics Agency Warren (DLA Land Warren) is the procuring activity for this action.

2. Description of Action: This action is for the procurement of 180 each TRICON II Containers, NSN: 8150-01-592-9851, P/N: 5-13-9925-1. This new firm-fixed price contract to SeaBox LLC has an estimated value of $1,200,000.00. It will be funded using Army Working Capital Funds (AWCF). AWCF funding is based on a MIPR (Military Interdepartmental Purchase Request) from the Department of the Navy since DLA Land Warren routinely procures these types of shipping containers and is capable of rapidly procuring to support mission requirements.

3. Description of Supplies/Services: This action is for the procurement of 180 each TRICON II Containers, NSN: 8150-01-592-9851, P/N: 5-13-9925-1. These TRICON containers are a 6 ½ x 8 x 8 steel container painted with green exterior, tan interior paint.

This container will be used by the Navy to store and move sensitive cargo in support of urgent expeditionary and contingency operations.

Acquisition Method Code (AMC): 1. Suitable for competitive acquisition.

Acquisition Method Suffix Code (AMSC): G. The Government has unlimited rights to the technical data and the data package is complete. Valid AMCS: 1 and 2.

4. Authority Cited: The statutory authority permitting acquisition of these supplies by other than full and open competition is 10 USC 2304(c) (2) and 41 USC 3304(a)(2), “Unusual and Compelling Urgency,” as implemented by FAR 6.302-2(a)(2).

5. Reason for Authority Cited: Unusual and compelling urgency, as defined in FAR 6.302-2, applies to this requirement for the following reasons.

The TRICON II container is a derivative of the twenty foot container, segregated into three smaller sections measuring 6 ½ x 8 x 8. When connected together, the three containers form a 20-foot equivalent unit container. TRICON II containers have double doors on two sides of the container. This container type is uniquely suited to mission requirements as they are modular, highly mobile, can be used in fixed facilities, or in an expeditionary capacity in theater.

DLA Land Warren issued a competitive solicitation in August 2017 for these TRICON II containers, which resulted in the issuance of contract SPRDL1-17-C-0344 in September 2017 to Containers Unlimited. The award clearly indicated the manditory delivery date of December 29, 2017 to support deploying units’ requirements.

After award, a post award assessment was made by the Defense Contract Management Agency. During this assessment, it became clear Containers Unlimited could not achieve delivery by the required delivery date. Containers Unlimited admitted that it would fail to meet the delivery date. After consultation with the Navy and Army item managers, the delivery date of December 29, 2017 is non-negotiable due to urgent expeditionary and contingency operations. Through market research it was identified that there is no stock to cover this requirement from other sources.

TACOM does not have sufficient means to stock TRICON II containers. All container procurements for this type therefore must be though direct vendor delivery. Deliveries must be begin for the TRICON II containers no later than 29 December 2017, or earlier, to support deploying units. Only SeaBox LLC has the TRICON II containers and container kits available to provide delivery of this item in that designated timeframe.

The quantity of 180 TRICON II containers represents the minimum requirement to fill this requirement by the needed date to support deployments.

6. Efforts to Obtain Competition: Pursuant to FAR 5.202(a) (2), this proposed action will be made under the conditions described in FAR 6.302-2, and the agency will be seriously injured if the agency complies with the time period specified in FAR 5.203.

Therefore, this action will not be synopsized in Federal Business Opportunities (FedBizOpps).

7. Market Research: DLA Land Warren conducted market research on 3 November 2017 to determine if additional sources could meet the 29 December 2017 delivery requirement. Based upon research, it has been determined that SeaBox LLC is the only practicable source for procurement of this item in the necessary timeframe to meet the urgent customer requirement. Research indicates due to current on hand quantities and new production, SeaBox has confirmed that it will be able to deliver the 180 containers required by 29 December 2017.

9. Interested Sources: Pursuant to FAR 5.202(a)(2), the proposed action will be made under the conditions described in FAR 6.302-2 and is exempt from the requirements of synopsis described in FAR 5.203. Therefore, this action will not be synopsized in FebBizOpps.

10. Other Factors:

a. Procurement History/Background

Contract: SPRDL1-13-D-0016 Contractor: SeaBox LLC Notes: Completed

SPRDL1-13-D-0016 (12 April 2016) D.O. 0073AA (31 MAY 2016) 350,280

SPRDL1-13-D-0016 (12 April 2016) D.O. 0073AB (31 MAY 2016) 262,710

SPRDL1-13-D-0016 (12 April 2016) D.O. 0073AC (31 MAY 2016) 118,845

SPRDL1-13-D-0016 (12 April 2016) D.O. 0073AD (31 MAY 2016) 25,020

11. Technical 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.

Name: _Susan E. Hubert_____ Date: 6 NOV 2017___ Title: Chief, SWAR/Containers Branch Signature: _//s// Susan E. Hubert_

12. Requirement 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.

Name: __Sean D. O’Donoghue Date: _6 NOV 2017______

Title: _Acting, Group Leader Containers Signature: //s// Sean D. O’Donoghue

Name: Frank McReynolds Date: 6 NOV 2017_____

Title: Item Manager____ Signature: //s// Frank McReynolds_

13. Fair and Reasonable Cost Determination: I hereby determine that the anticipated cost for this contract action will be fair and reasonable. Normal acquisition procedures will be followed to determine that the contract price is fair and reasonable. Other than cost and pricing data will be used to justify price reasonableness. The appropriate forms of cost and/or price analysis will be utilized and negotiations will be conducted if necessary.

Name: _Jamal M. Brooks___ Date: ____11/14/2017______________

Title: _Contracting Officer__ Signature: ____//s//__________

14. Contracting Officer Certification: I certify that this justification is accurate and complete to the best of my knowledge and belief.

Name: __Jamal M. Brooks ____ __ Date: __11/14/2017_______ Title: __Contracting Officer_________ ____ Signature: //s// _

15. Legal Concurrence

Concur: // Darin R. Morency // Date: 11/14/2017

16. Approval Authority for Acquisitions Equal to or Greater Than $700,000.00.

APPROVAL OF JUSTIFICATION

FOR OTHER THAN FULL AND OPEN COMPETITION

Based on the foregoing Justification, I hereby approve the procurement of the following:

a. Noun: TRICON II Containers

b. NSN: 8150-01-592-9851

c. Basic Quantity: 180 Ea

d. Basic Estimated Value: $1,200,000.00

e. Option Percent: NA

This action will be awarded under other than full and open competition pursuant to the authority of 10 USC 2304(c)(2) and subject to the availability of funds. This approval is subject to the proviso that the property herein described has otherwise been authorized for acquisition.

Signature:

Date: 17 Nov 2017