Justification and Approval for Other Than Full and Open Competition

This is a Department of the Army Justification and Approval (J&A) document for a sole-source contract action to procure Cummins diesel engines for Forward Repair System (FRS) equipment. The Defense Logistics Agency - Land Warren (DLA-WRN) proposes to award a new firm-fixed-price contract to Cummins Central Power, LLC (CAGE 4TNW9) for NSN 2815-01-559-2661 diesel engines, using Army Working Capital Funds.

The contract requires a base quantity of 11 units with a 100% option quantity, totaling 22 units. The acquisition method is direct procurement from the actual manufacturer (Acquisition Method Code 3), justified under FAR 6.302-1 (Only One Responsible Source) because Cummins Central Power LLC is the current manufacturer and only source capable of direct replacement that complies with form, fit, and function requirements. The Government lacks adequate technical data to source from alternative suppliers, and re-engineering efforts for alternative diesel engines would require substantial costs and timeline delays estimated to exceed multiple months and significant funding. A Sources Sought Notice was posted on SAM.gov on February 25, 2025 for 15 days; one response was received from BHPE LLC expressing interest, but only Cummins engines meet the technical requirements. Subcontracting competition clauses will be included unless the award is to a small business. Procurement history shows continuous sole-source awards to Cummins entities since 2010, with delivery orders valued from $15,660 to $78,300. The Contracting Officer determined the anticipated cost is fair and reasonable based on cost and price analysis, with no certified cost or pricing data required as this is a commercial product.