Exception_to_Fair_Opp__N4044319F0072_REDACTED.pdf

Source Selection Information – see FAR 2.101 and 3.104

JUSTIFICATION FOR AN EXCEPTION TO FAIR OPPORTUNITY

(Contract No. N3220518D4901/ Delivery Order No. N4044319F0072)

1. Agency and contracting activity. Military Sealift Command Ship Support Unit San Diego (MSC SSU SD), N105 Contracting.

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

Negotiation of a delivery order on a sole source basis under Indefinite Delivery Indefinite Quantity contract N3220518D4901 with Fairbanks Morse, LLC (FME) of Beloit, WI (Cage Code 7PZX0).

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

The Government has a requirement for original equipment manufacturer (OEM) diesel engine parts in support of four T-AKE class ships. The estimated magnitude of the requirement is

4. Authority and supporting rationale. The contracting officer has determined the exception established in FAR 16.505(b)(2)(i)(B)) Only one awardee is capable of providing the supplies or services, is applicable to the proposed contract action.

Due to a licensing agreement between FME and MAN Diesel, FME is the sole provider of OEM parts and service for requirements in the continental United States (CONUS). As the parts supported by this procurement shall be delivered to CONUS locations, FME is the only awardee capable of meeting the Government’s requirement.

5. A determination by the contracting officer that the anticipated cost to the Government will be fair and reasonable.

The Contracting Officer anticipates proposed prices for the required parts to be fair and reasonable because pricing (i.e. ceiling pricing) was established at the basic multiple award contract level. Thus, prices proposed cannot exceed prices already determined to be fair and reasonable at the time of award of N3220518D4901. For any items that were not pre-priced at the basic contract level, the Government will perform price analysis in accordance with FAR Subpart 15.4 Contract Pricing.

6. Any other facts supporting the justification.

Not applicable.

7. A statement of the actions, if any, the agency may take to remove or overcome any barriers that led to the exception to fair opportunity before any subsequent acquisition for the supplies or services is made.

No actions were taken as the licensing agreement is made between two independent business entities.

N3220518D4901 – N4044319F0072

Source Selection Information – see FAR 2.101 and 3.104

I certify this justification is accurate and complete to the best of my knowledge and belief.

Amador Estrada Contract Specialist

Legal Sufficiency Review

I have determined this Justification is legally sufficient.

Senior Associate Counsel

I certify this justification is accurate and complete to the best of my knowledge and belief. As such, this exception to fair opportunity is approved.

Contracting Officer