JA SPRDL124R0187 redacted_Redacted.pdf
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- Redacted Justification & Approval (J&A)
- Solicitation number
- SPRDL1-24-R-0187
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This document is a Justification and Approval (J&A) for Other Than Full and Open Competition for the Defense Logistics Agency - Land Warren (DLA-WRN). The solicitation seeks to award a new firm-fixed-price contract to Cummins Inc. for 204 Century Fuel Pumps (NSN 2910-01-514-7372, part number FEA14-RX) used on the Multiple Launch Rocket System (MLRS) 600 HP Centry Engine. The procurement is sole-sourced to Cummins Inc. because they exclusively own the proprietary technical data, test equipment, and technical rights necessary to produce and test the fuel pump, and no other vendor can provide a drop-in replacement without extensive and costly reverse engineering.
The market research revealed that while other manufacturers like Allison Transmission and Robertson Fuel Systems have fuel pump manufacturing capabilities, none can produce a compatible replacement without significant integration and validation efforts. The estimated reverse engineering cost would be approximately $4.675 million, with testing costs alone at $1 million. The contract will be funded by Army Working Capital Funds, and the previous contract with Cummins Mid-South, LLC in November 2018 was valued at $93,229.20. No additional sources have expressed interest in this item, and the government does not plan to increase competition for future procurements due to the technical complexity and ownership of proprietary data.
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SPRDL1-24-R-0187 (JA-00899)
No Prior J&As are available
JUSTIFICATION AND APPROVAL
FOR OTHER THAN FULL AND OPEN COMPETITION
SPRDL1-24-R-0187
1. Contracting Agency: Defense Logistics Agency - Land Warren (DLA-WRN).
2. Description of Action: DLA-WRN proposes to award a New Firm-Fixed-Price contract to an offeror providing the product of Cummins Inc., Commercial and Government Entity (CAGE) 0B8S3, the approved source for National Stock Number (NSN) 2910-01-514-7372, Century Fuel Pump, using Army Working Capital Funds.
3. Description of Supplies/Services: The NSN 2910-01-514-7372, part number FEA14-RX, Centry Fuel Pump, is used on the Multiple Launch Rocket System (MLRS) 600 HP Centry Engine. The deliverables for this contract are a base quantity of 102 each, with an option quantity of 102 each, making a total quantity of 204 each. The total maximum value of this contract is $
Acquisition Method Code (AMC):
4 - Acquire, for the first time, directly from the actual manufacturer.
Acquisition Method Suffix Code (AMSC):
P – The data or rights to use the data needed to purchase this part from additional sources are not owned by the Government and it has been determined that it is uneconomical to purchase them.
4. Authority Cited: The statutory authority permitting other than full and open competition for this effort is 10 United States Code (U.S.C.) 3204(a)(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: As authorized by FAR 6.302-1, procurement by other than full and open competition is necessary because no other company has access to the proprietary technical data and test equipment owned by Cummins Inc. that is needed to properly produce and test this Century Fuel Pump part number FEA14-RX.
The Government does not have the pertinent technical data or intellectual property data rights to enable competitive re-procurement. Cummins Inc. is the sole owner of their drawings and technical data rights for Fuel Pump part number FEA14-RX. The government does not own proprietary rights to the Technical Data Package (TDP) that would be required to produce a competitive TDP and enable competitive re-procurement. Cummins has developed, tested and obtained Government approval for this item for application to the 600 HP Centry Engine system at their own cost. The Government did not fund their efforts in developing and testing this item. Only Cummins Inc. has the capability to manufacture the fuel pump and its components, perform failure analysis, develop inspection and acceptance criteria for components, and repair/rebuild
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