JA_SPRDL120R0122_Redacted.pdf

J&A SPRDL1-20-R-0122

Defense Logistics Agency Justification and Approval for Other than

Full and Open Competition

1. Contracting Activity: Defense Logistics Agency-Warren (DLA-WRN) is the procuring activity responsible for this action. The statutory authority permitting other than full and open competition is 10 U.S.C. 2304(c)(1), as implemented by FAR 6.302- 1, “Only One responsible Source and no other supplies or services will satisfy requirements.”

2. Description of Action: The proposed contract action is for the purchase of a quantity of 7 each Anton Paar DMA 4500M Density Meter for the Petroleum Quality Analysis System – Enhanced (PQAS-E). The PQAS-E is a mobile testing lab for determining fuel quality in theatre in accordance with modified level B standard per MIL- STD-3004, ASTM International and ISO standards. The PQAS-E increases the testing capabilities to ensure the quality of fuel that is received, stored, and issued from either commercial, military, and/or captured enemy stocks throughout the theater of operation.

This procurement will be restricted to Anton Paar USA Inc. (CAGE: 0FW58), as this firm is the only responsible source for this item, and no other supplies will satisfy agency requirements. DLA will negotiate this Firm-Fixed Price contract with Anton Paar using Army Working Capital Funds (AWCF).

3. Description of Supplies/Services: For this requirement, DLA intends to procure 7 each 4500M Density Meters (NSN 6635-01-570-8762); Anton Paar USA Inc., (Part Number 153059)– with an option to purchase 7 more – at an estimated unit cost of for a maximum estimated contract value of . Pertinent details regarding the proposed acquisition are listed below:

Acquisition Method Code (AMC): 3 – Acquire, for the second or subsequent time, directly from the actual manufacturer.

Acquisition Method Suffix Code (AMSC): R – Government does not own data/data rights to buy from other sources and has determined it’s uneconomical to buy or Reverse Engineer. Data/rights not initially purchased.

4. Authority Cited: The statutory authority permitting other than full and open competition is 10 USC 2304(c) (1), as implemented by FAR 6.302-1, “Only one responsible source and no other supplies or services will satisfy agency requirements.”

5. Reason for Authority Cited: The U.S. Government does not own or have rights to the technical data for this item, as the Anton Paar DMA 4500M Density Meter was developed and tested at private expense; as a result, the technical data is considered proprietary to the manufacturer. The Government did not fund any efforts in developing or testing this item, nor did the Government fund any efforts to prepare a fully detailed technical data package (TDP) after approval. Anton Paar USA Inc. is the sole source owner of the drawing package and technical data rights. The lack of such data requires the Anton Paar DMA 4500M Density Meter to be procured on a non-competitive basis from the current manufacturer for all replenishment acquisitions

Procurement by other than full and open competition is necessary because Anton Paar’s DMA 4500M Density Meter was chosen through research for the PQAS-E and are needed to insure standardization of equipment, test procedures, training, spare parts, and manuals with the PQAS-E. These Anton Paar items are the only approved items for these systems. Due to the specific dimensions of the interior of the PQAS-E, the only suitable density meter available is the Anton Paar model. Also, the mounting brackets and trays have been specifically designed for the Anton Paar DMA 4500M Density Meter and will not work with any other models. The Anton Paar DMA 4500M Density Meter is also plumbed directly to the Anton Paar SVM 3000 Viscometer so that one fuel sample can be injected, which will go to both instruments. This allows for less samples to be used and simplifies the testing procedures for the operator. Furthermore, counter space is also conserved due to the small size of the instrument which allows for it to be mounted in conjunction with the Viscometer on the countertop. If a new instrument were used, these benefits would be lost. Lastly, the Technical Manual has been written specifically for this instrument. If a new instrument were to be used, it would cost approximately $300,000 and take around 1 year to update the Technical Manual to reflect the new operating procedures.

6. Efforts to Obtain Competition: The Government does not own a fully detailed TDP required to manufacture this item. There are no vendors in the process of being qualified at this time, nor will be prior to contract award due to funding constraints.

Additionally, there are no planned efforts to qualify additional sources due to the fact that that there is no technical data available to produce a competitive TDP, nor are there any funds available to conduct the extensive qualification testing requirements. The testing required would cost approximately $500,000 and take around 1 year to complete. Additional interested contractors can seek qualification through the Source Approval Program with the Competition Management Office (CMO). Testing and validation of any claims would need to be verified before approval is granted. At this time, there are no known contractors seeking approval through the CMO. Currently, there has not been any expressed interest by any known vendor(s) to become a qualified source(s) to produce this item. Therefore, this action is only limited to Anton Paar USA Inc., the owner of the intellectual property and manufacturer of the DMA 4500M Density Meter.

7. Actions to Increase Competition: There are no contractors currently in the process of being qualified as an alternate source of supply for this item. At this time, there are no current or planned efforts to qualify additional sources due to the fact that the Government does not possess a full-defined and validate technical data package for this item. The source of supply owns the detailed technical data regarding this item. Any

c. Unusual and Compelling Urgency: N/A

d. Subcontracting Competition: N/A

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:

Title: PQAS-E Systems Engineer Date: 3 OCT 2019 Signature: //signed//

Name:

Title: Team Leader, Petroleum Storage and Distribution Date: 2DEC19 Signature: //signed//

12. 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.

Name:

Title: Item Manager Date: 06 DEC 2019 Signature: //signed//

Name:

Title: Group Leader Date: 06 DEC 2019 Signature: //signed//

13. Fair and Reasonable Cost Determination: I hereby determine that the anticipated cost to the Government for this contract action will be fair and reasonable.

DLA Land-Warren will conduct negotiations and use the appropriate acquisition procedures and cost and/or price analysis to determine price fair and reasonableness.

DLA Land-Warren will be procuring these requirements in accordance with FAR Part 12 procedures since this requirement is commercial. The appropriate forms of cost and/or price analysis will be utilized. The POC for this action is , Office Symbol, ZGBC, Phone: .

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

Name: Timothy A. Nichols Title: Contracting Officer Date: 27 February 2020 Signature: //TAN//

15. Legal Concurrence:

Concur: // // Date: 03/03/2020