Redacted_Urgent_JA_SPRDL1-16-R-0326.pdf

SPRDL1-16-R-0326

DEFENSE LOGISTICS AGENCY

JUSTIFICATION FOR OTHER THAN

FULL AND OPEN COMPETITION

The Defense Logistics Agency (DLA) Land Warren is the procuring activity for this action. The statutory authority permitting other than full and open competition is 10 U.S.C. 2304(c) (2), as implemented by FAR 6.302-2, "Unusual and Compelling Urgency."

PART I - Description of Items Required:

a. Nouns: Container, 20’ ISO 20x8x8.6

b. Quantity: 121 each

c. NSN 8150-01-526-4684 (Cage: 09PD1) or 8150-01-527-2877 (Cage: 0FXA9)

d. MPNs: BX2CCTATPDOOOO (Cage: 09PD1) or SB861.6CT (Cage: 0FXA9)

e. System: Shipping & Storage Containers

f. Estimated Unit Price: $13,373.68

g. Estimated Total Price: $1,618,215.28

h. PRON Number: S667R1553V

i. Type of Funds: AWCF

j. Type of Contract: Firm-Fixed-Price

Acquisition method code

AMC 1 - Suitable for competitive acquisition for the second or subsequent time.

AMSC R. The Government does not own the data or the rights to the data needed to purchase this part from additional sources. It has been determined to be uneconomical to buy the data or rights to the data. It is uneconomical to reverse engineer the part. This code is used when the Government did not initially purchase the data and/or rights. If only one source has the rights or data to manufacture this item, AMCs 3, 4, or 5 are valid. If two or more sources have the rights or data to manufacture this item, AMCs 1 or 2 are valid.

PART II - Statement of Urgency

1. The U.S. Army has an urgent need for the items described above. They must be procured by the quickest means possible because full and open competition will not achieve the required delivery date, which is 30 June 2016. The urgent procurement for these Container configurations has been limited to two contractors, Charleston Marine Containers, Inc. (Cage 09PD1) and Sea Box, Inc.

(Cage 0FXA9). These two contractors have successfully completed Army First Article Testing (FAT) requirements under previous contracts W56HZV-05-D-0033 and W56HZV-05-D-0024. To date, and to the best of the Government’s knowledge, these are the only companies that have passed Army FAT requirements for either of the above Containers. The TACOM Army Prepositioned Stock (APS) Office maintains War Reserve Stock of critical Soldier Support Systems which are integrated into containers for storage and rapid deployment when required. A large percentage of the containers used in the Inland Petroleum Distribution System (IPDS) and the Fuel System Supply Point (FSSP) have reach end of useful life and or cannot be recertified for transport.

Failure to procure these replacement containers as quickly as possible will reduce the availability of these critical systems for soldiers to be able to perform their intended missions in areas vital to national interests.

2. The delay to qualify an additional alternate source(s) for these specialized

Containers would be about one (1) year. The testing would include building the Containers using Army PDs, completion of FAT and obtaining the required certification from the Army. Containers proposed for a contract must be subjected to first article tests to demonstrate the design and manufacturing processes used by the offeror to fabricate the proposed container will satisfy the Army's minimum requirements. These requirements cannot be confirmed by visual examination.

First article tests will ensure the container will provide: (a) Safe intermodal transport under a wide range of environmental conditions, (b) Secure restraint and protection of packaged supplies of all types, not excluding high cost, fragile, special-purpose items and, (c) affordable service life with minimal maintenance.

3. The Soldier-PSID intends to develop a comprehensive MIL-PRF document that will allow for the award of a Long Term Contract for the 20 foot configuration of containers. This process has been hindered by a shortage of in-house engineering resources and available personnel in Container Management.

Funding strategy is being developed to increase this effort to realize a competitive contract vehicle.

4. Finally, these Containers are needed to support the TACOM Army Prepositioned Stock (APS) Office programs at Sierra Army Depot (SIAD). The Army Prepositioned Stock (APS) Office reviewed the Inland Petroleum Distribution System assemblies that will undergo COSIS (care of supplies in storage) in FY16. There will be 10 EA Fuel Units, 12 EA 5 Mile Sets, 25 EA Pump Stations, 1 EA Pipeline Support Equipment and 5 EA Critical Gap totaling in 511 EA ISO containers. In FY 15 the washout rate from SIAD was closer to 30%. Using that value, the total IPDS requirement for containers this year is 153 EA (511*0.3).

The 121 EA containers that we are planning for come out below the 30% washout rate.

5. If Sierra Army Depot (SIAD) exhausts their stock of containers before replacement containers can be procured, SIAD would experience a line stoppage for at least 60 days for the above described programs. In the context of the planned COSIS, it would result in line stoppages every time a container fails CSC certification.

Technical & Requirements Certification: I certify that the supporting data under my cognizance which are included in this document are accurate and complete to the best of my knowledge and belief.

Name: Bert Briney Title: Container Management Team Leader Date: 18 May 2016 Signature: //S// BB

Name: Joseph P. Cooper Title: Director, Soldier-PSID Date: 25 May 2016 Signature: //S// JPC

PART III - Contracting Information

1. Description of Action: Offers to provide the required item will be solicited under Request for Proposals SPRDL1-16-R-0326. Defense Logistics Agency Land Warren proposes to negotiate a firm-fixed-price contract with either Charleston Marine Containers, Inc. or Sea Box, Inc. for their respective part numbers BX2CCTATPD0000 (Cage 09PD1), or SB861.6CT (Cage 0FXA9).

2. Extent of Competition: Due to the urgency of this buy, no further action will be taken to increase competition on this buy. No market survey will be conducted. Further, the procurement will not be synopsized due to the urgency of the requirement per FAR

5.202 (2). A Justification for Non-Synopsis will be contained within the contract file.

3. Procurement History: As a result of a multiple award competitive solicitation, two different Indefinite-Delivery, Indefinite-Quantity (IDIQ) contracts (W56HZV-05-D-0033 / Charleston Marine Containers, Inc. and W56HZV-05-D-0024 / Sea Box, Inc.) were issued for eight types of containers with various configurations were awarded in 2005.

4. Other Facts: The urgent requirements listed in this Justification and Approval are necessary to meet the U.S. Army's Container requirements, including those urgently needed in support of the inland petroleum distribution systems mentioned above.

Containers are not depot stocked because of high storage and transportation fees in addition to dwindling depot space available. Also, it is difficult to project any particular requirement for the containers because of the numerous configurations and varied usage of the containers. Due to deployments, the requirements must be filled quickly.

However, the procurement process cannot begin until notice is received from the ordering Unit or Agency. Unfortunately, this causes fluctuating demands from month-to-month and can even result in the requirements increasing on a daily basis.

5. The POC for this action is Amy Robosan, OFFICE SYMBOL: ZGBA-C, ext. 586-282- 3194.

6. Fair and Reasonable Determination: I hereby determine that the anticipated cost to the Government for this contract action will be fair and reasonable. The basis for determining fair and reasonable pricing will be based on competition. Certified cost or price data will not be obtained based on FAR Part 15.403-1(b) (3) because this item is considered commercial.

7. Contracting Officer Certification: I certify that this J&A is accurate and complete to the best of my knowledge and belief.

Name: Jamal M. Brooks Title: Contracting Officer Date: 06/01/2016 Signature: //s//

PART IV - Legal Concurrence:

Concur:

Signature: // Darin R. Morency // Date: 06/06/2016

PART V - Approval Authority for Acquisitions Equal to or Greater Than $700,000.

APPROVAL OF JUSTIFICATION

FOR OTHER THAN FULL AND OPEN COMPETITION

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

a. Nouns: Container, 20’ ISO 20x8x8.6

b. Quantity: 121 each

c. NSN 8150-01-526-4684 (Cage 09PD1) or 8150-01-527-2877 (Cage 0FXA9)

d. MPNs: BX2CCTATPDOOOO (Cage 09PD1) or SB861.6CT (Cage 0FXA9)

e. System: Shipping & Storage Containers

f. Estimated Unit Price: $13,373.68

g. Estimated Total Price: $1,618,215.28

h. PRON Number: S667R1553V

i. Type of Funds: AWCF

j. Type of Contract: Firm-Fixed-Price

2. 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.

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