A11_J A_Redacted_SPRBL115R0035.pdf

SOLICITION: SPRBL1-15-R-0035

DEFENSE LOGISTICS AGENCY

JUSTIFICATION AND APPROVAL FOR OTHER THAN FULL AND OPEN COMPETITION

1. Contracting Activity: Attn: DSCC-ZLAB

6001 Combat Drive, Room C1-301 Aberdeen Proving Ground, MD 21005-1846

2. Description of Action: This Justification and Approval supports a solicitation using other than full and open competition procedures for a three (3) year, Firm-Fixed-Price, Indefinite Delivery Purchase Order support contract for Cummins Power Generation (Cummins) Cage 44940 Part Number (P/N) 04-20160.

This requirement is for the procurement, packaging and delivery of spare Diesel Engine assemblies used in the Advanced Medium Mobile Power Sources (AMMPS) 30 kW Generators. This requirement is for commercial type parts. Army working capital funds will be used. FAR 13.5 will apply to this acquisition.

It is estimated that the maximum value of the contract will be

3. Description of Supplies/Services:

NSN P/N Nomenclature Est.

Annual Qty

CAGE AMC/AMSC

2815-01-596-7562 04-20160 Diesel Engine (30 kW) 35 EA 44940 1B

The Cummins Diesel Engine Assemblies are vital components of the 30 kW Advanced Medium Mobile Power Source (AMMPS). The required Cummins spares meet specific performance and interface requirements necessary for the operation of the MEP-1060/61 series AMMPS generator sets. The AMMPS is the next generation of mobile power sources boasting better transportability through weight reduction, fuel savings greater than 10%, higher reliability and easier maintainability. The 30 kW set sizes are utilized in weapon systems, Combat Support Systems (CCS) and various Command, Control, Communications, Computers, Intelligence, Surveillance and Reconnaissance (C4ISR) equipment around the world.

The Government anticipates minimal technical and performance risk with Cummins since they are the Original Equipment Manufacturer (OEM) of the AMMPS line of power generators. For NSN 2815-01-596- 7562, the major component of the assembly is a Cummins 30 kW Engine, Cummins part number A041C739. To satisfy the U.S. Army’s needs, the Government requires modifications to this primary engine component. The minor modifications include adding an oil drainage hose with clamps, a valve, a change in the dipstick placement and a change to the mount for air intake locations. The aforementioned modifications will be incorporated by Cummins authorized distributors. The 30 kW engines will be purchased from authorized Cummins distributors after the modifications have been included. The AMC and AMSC code is 1B. AMC 1 indicates the item is suitable for competition for the second or subsequent time and potential sources may be dealers/distributors. AMSC B signifies that these parts are restricted to sources specified on source control, altered item or selected item on the drawings and/or documentation. Within in assembly’s technical data package, the Cummins A041C739 engine is identified as the only approved source for the 30 kW engine component.

4. Authority Cited: The statutory authority permitting other than full and open competition is the authority of the test program for commercial items at 41 U.S.C. 1901.

5. Reason for Authority Cited: The only approved manufacturer with the comprehensive knowledge and expertise necessary to produce the required items for this action is Cummins Power Generation (CAGE Code 44940). The Government does not possess technical data (drawings or specifications) that completely define the form, fit and function of the items being procured. In addition, the form, fit and function is not defined by any nationally recognized industry standard or specifications.

Cummins is the original equipment manufacturer of the AMMPS and the only source that has the technical data and expertise to produce the required Diesel Engine Assemblies. The source controlled drawing identifies Cummins Power Generation’s 30 kW engines. The drawing identifies the required modifications and where the additional components shall be place for the Government required modifications, but the drawing does not provide sufficient data for other manufacturers to build the engine. The only approved source on the drawing for the 30 kW engine is Cummins Power Generation;

however, since Cummins will not include the modifications required by the Government, the sources for this procurement are authorized Cummins dealers who provide the Government required modifications.

Cummins Power Generation’s production lead-time for the 30 kW engine and the Cummins distributor’s lead-time to incorporate the modifications meet the Government’s delivery requirements.

Any source offering a product other than the Cummins 30 kW engine would need to undergo extensive review and testing, incurring cost and time. It is anticipated that this would result in duplication of costs and corresponding delays that are not anticipated to be recovered through competition. Without the item, the Government would not possess the resources to support maintenance on the initial fielding of TPE (AMMPS Generators) which could adversely impact mission capabilities.

6. Efforts to Obtain Competition: Market research was conducted as described in the market research section of this document. This effort did not yield any additional potential sources that can meet the Government’s requirements. There is no competition anticipated for this acquisition.

7. Actions to Increase Competition: The Government’s technical experts will continue to conduct market research to ascertain if there are changes in the market place that would enable future requirements to be obtained using full and open competition.

8. Market Research: The market research that was conducted consisted of a search in WebFLIS and Haystack, review of the previous contracts, and a market survey. The search of WebFLIS revealed that Cummins owns the specifications and top level drawings.

On June 5, 2014, technical experts within the Army Communications Electronics Research Development and Engineering Center, Product Realization Directorate published a Sources Sought Announcement (SSA) on the Federal Business Opportunities (FedBizOpps) page seeking potential sources for the required items. The following contractors responded to the customer Sources Sought:

Cummins Distributors CAGE Code Business Size Cummins Crosspoint, LLC 4R699 Large Herndon Products 3G1W3 Small Central Diesel Inc. 7A013 Small

The Contract Specialist released a Sources Sought announcement on April 7, 2015. The Sources Sought announcement was for P/N 04-20160, specifically the 30 kW engine. Herndon Products, CAGE 3G1W3, was the only company that responded to the Sources Sought. Based on the market research, it is determined that only Cummins’ distributors can meet the Government requirement.

9. Interested Sources: The following companies have expressed written interest in supplying the Cummins engine assemblies. In accordance with FAR 5.201, the solicitation will be synopsized on FedBizzOpps.

Any proposals that are received from authorized distributors or vendors with product traceability verification shall be evaluated.

Inside Sales Representative Cummins Crosspoint, LLC 2601 Fortune Circle E Ste 300C Indianapolis, IN 46241 Cage Code: 4R699

Program Manager Herndon Products 3801 Lloyd King Drive O’Fallon, MO. 63368 Cage Code: 3G1W3

Central Diesel Inc.

4600 Deepwater Terminal Rd Richmond, VA 23234 Cage: 7A013

10. Other Facts:

a. Procurement History:

Contract Award Date Contractor Competitive/Sole Source

(FAR Exception)

SPRBL1-12-C-0008 May 2, 2012 Cummins Crosspoint, LLC (4R699)

10 U.S.C. 2304(c)(1)

b. Actions Being Taken to Overcome Barriers to Future Competition (10 U.S.C. 2304(f)(3)(F) DLAD

6.303-2(a)(S-90)(i) DLAD 6.303-2(a)(S-90)(ii): The Army Communications-Electronics Command (CECOM) previously purchased the 30 kW engine from Cummins Crosspoint, a Cummins distributor, under contract SPRBL1-12-C-0008 on May 2, 2012. The contract was awarded to Cummins Crosspoint using Other Than Full and Open Competition in accordance with FAR 6.302-1 sole source authority-exemption to Full and Open competition. In that J&A, the Government stated that the configurations drawings were in the process of being audited and that once complete further competition was anticipated. The configuration drawings were updated on June 1, 2012 and approved for public release. Although the drawings were approved for public release, the basic engine is a Cummins part and can only be manufactured by Cummins. The public release of the drawings provided an opportunity for additional distributors to execute the minor modifications

Approval

Based on the foregoing justification, I hereby approve the award of a three (3) year, Firm-Fixed-Price, Indefinite Delivery Purchase Order support contract up to for AMMPS Diesel Engine Assembly, specifically P/N 04-20160 National Stock Number 2815-01-596-7562. This procurement will be for other than full and open competition based pursuant to the authority of 41 U.S.C. 1901, subject to the availability of funds, and provided that the supplies herein described have otherwise been authorized for acquisition.

Date: ___________________ Signature: __________________ Bradley Holtzapple Special Competition Advocate

6 August 2015

HOLTZAPPLE.BRADL

EY.A.1198214309

Digitally signed by

HOLTZAPPLE.BRADLEY.A.1198214309

DN: c=US, o=U.S. Government, ou=DoD, ou=PKI, ou=DLA, cn=HOLTZAPPLE.BRADLEY.A.1198214309

Date: 2015.08.06 13:37:27 -04'00'