Redacted_J&A.pdf

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

SOLICITATION SPRBL1-19-R-0049

DLA Land & Maritime Justification for Other Than Full & Open Competition (May 2018)

[ X ] ORIGINAL

[ ] ADDENDUM (attach copy of original J&A for add-ons or revisions)

1. The Defense Logistics Agency, DLA Land at Aberdeen, is the contracting activity.

2. The action being approved is the acquisition of supplies on other than a full and open competition basis.

3. The supplies required to meet the using activity’s needs are described as follows:

BRIEF DESCRIPTION NSN / P/N QUANTITY EST. VALUE AMSC

30 kw Diesel Engine 2815-01-462-2289 / 4045TF151 BEQ: 30 / year 5B 60 kw Diesel Engine 2815-01-462-3596 / 6068TF151 BEQ: 80 / year

5B

Identify end item, weapon system, or class of item:

The 30 & 60 kW John Deere engines are the only engines to meet specific performance, and interface requirements necessary for the operation of the MEP-805B/815B TQG (a.k.a. 30 kW TQG) and the MEP-806B/816B TQG (a.k.a. 60kW TQG) sets. The Tactical Quiet Generators (TQGs) are standalone generators for use by the Armed Forces to produce electric power to various maintenance and infrastructure facilities including the water purification system; as well as weapon systems, Combat Support Systems (CCS) and various Command, Control, Communications, Computers, Cyber, Intelligence, Surveillance & Reconnaissance (C5ISR) equipment around the world. The TQGs were developed in response to the changing military threats, new strategies, and fiscal constraints, which dictated improved battlefield survivability, enhanced deployment/maintainability and reduced operating and support costs. These military generators use predominantly commercial components, and provide a "Quantum Leap" in performance for the Standard Family of DoD Generators. The TQGs are skid or trailer mounted generator sets, are "single-fuel" compliant (operate on diesel/JP fuels), have radically improved survivability, mobility, reliability and maintainability.

, and reduced weight and size have been suitable for improving mobility and deployment. The John Deere 30 & 60 kW diesel engines being procured are a vital component for the 30 & 60 kW TQGs.

ESTIMATED BASE VALUE:

ESTIMATED TOTAL VALUE (BASE + OPTIONS):

MAXIMUM CONTRACT VALUE:

4. The statutory authority permitting other than full and open competition is:

[ X ] 10 U.S.C. 1901 - Available from only one or a limited number of sources – modified to reflect FAR 13.5.

Brief narrative supporting the situation and weapon system:

The only approved manufacturer with the comprehensive knowledge and expertise necessary to produce the required items for this action is John Deere, (CAGE Code 66836). John Deere is the original engine manufacturer and the only source that has the technical data and expertise to produce the required display unit. John Deere has informed the Government’s technical experts that it will only sell these diesel engines to the Government through its authorized dealer, therefore the Government will accept offers from any John Deere dealers and distributors or other vendors offering the approved model numbers. John Deere is able to meet the Government’s delivery requirements.

John Deere is the only manufacturer of the required diesel engines, and possesses the manufacturing data for these engines. John Deere is the only source identified on the Source Control Drawing (SCD) for these diesel engines.

The Government does not possess technical data (drawings or specifications) that completely defines form, fit, and function (F3) of the items being procured. In addition, the form, fit and function is not defined by any nationally recognized industry standard or specification.

Any other source 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 items, the Government would not possess the resources to support maintenance on the 30 & 60 kW TQGs, which could adversely affect mission capabilities.

[ ] 10 U.S.C. 2304(c)(2) - Urgency.

[ ] 10 U.S.C. 2304(c) - _____________________________________________________________

5. If restricted to the only source(s) of supply, include source(s) and CAGE code:

John Deere, CAGE Code 66836

The use of the authority cited below:

[ X ] AMC 5. Acquire directly from the sole source contractor, who is not the manufacturer.

The use of the authority cited is based on:

[ X ] AMSC B. This part must be acquired from a manufacturing source(s) specified on a source control or selected item drawing as defined by the current version of DoD-STD-100. Suitable technical data, Government data rights, or manufacturing knowledge are not available to permit acquisition from other sources, nor qualification testing of another part, nor use of a second source part in the intended application. Although, by DoD- STD-100 definition, altered and selected items shall have an adequate technical data package, data review discloses that required data or data rights are not in Government possession and cannot be economically obtained.

If one source is available, AMCs 3, 4, or 5 are valid. If at least two sources exist, AMCs 1 or 2 are valid.

6. Efforts to ensure that offers are solicited from as many sources as practicable are:

[ ] The acquisition will be synopsized on or about N/A.

[ ] Manufacturers of similar products identified in the market research will be solicited.

[ X ] Dealers of the manufacturers will be solicited.

[ X ] A synopsis exception cited in FAR 5.202 applies.

The contract action is not expected to exceed the simplified acquisition threshold based on the Special Emergency Procurement Authority (SEPA) limit of $13 Million for commercial items. Therefore, based on the exception listed in FAR 5.202(a)(13), the Contracting Officer waived the synopsis.

[ ] Other. (Explain)__________________________________________________________________ .

7. I hereby determine that the anticipated cost to the Government will be fair and reasonable.

As the Contracting Officer, I hereby determine that the anticipated price to the Government for this contract action will be fair and reasonable, based on the use of some combination of cost/price analysis, or a comparison of proposed prices with an Independent Government Estimate. In accordance with FAR 15.403- 1(c)(3), certified cost or pricing data is not required for commercial items. If appropriate, the Contracting Officer will request other than certified cost or pricing data to support a fair and reasonable price determination.

8. Market Research/Efforts to Obtain Competition:

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 on April 01, 2019. No companies expressed interest to this SSA. The engineer expects that there will only be one bid, from L-3 Communications, a distributor,as these are sole source items to Deere & Company (CAGE: 66836).

The Contract Specialist reached out to John Deere and was put in contact with CK Power Products. The Government was informed that John Deere will only sell the required engines to CK Power Products. All engines must be procured through CK Power Products, who will purchase directly from John Deere. The last two times these engines were procured was through L-3 Communications, who purchased the engines from CK Power Products. Procurement history through Haystack shows CK Power Products as the past vendor for other contracts.

Additional market research that was conducted consisted of searches of the Federal Logistics Information Service (WebFLIS), i2Log, and review of the previous contracts. The searches of all these databases and previous contracts show procurement of the diesel engines used in 30 kW and 60 kW TQGs from L-3 and CK Power Products with only one known manufacturing source, John Deere. Based on this market research, it is determined that John Deere is the only manufacturer that can meet the Government’s requirement.

Market Survey [10 U.S.C. 2304(f)(3)(D)]:

[ X ] A market survey was conducted on/during 4/1/2019.

Total number of vendors contacted: This was posted through FBO.

Names of vendors contacted and responding: As discussed above, there were no responses received.

Techniques used to conduct survey: Posted on FBO.

Types of information requested: Company information, past performance, qualifications/experience, and capabilities.

Summary of information received: There were no responses received.

Information received regarding the commerciality of the item(s):

[ ] A market survey was not conducted due to the unusual and compelling urgency of the requirement.

[ ] A market survey was not conducted due to:

9. Additional facts supporting other than full and open competition are:

[ ] Based upon the technical certification on file in DLA Land and Maritime – VEP technical data is not available and cannot be developed to permit full and open competition. The data presently available reflects the minimum needs of the Government.

[ ] As stated in the attached certification by the requiring activity, the Military Services will be seriously injured in contract award is delayed. The extent and nature of harm are detailed in the attached certification, or provide a narrative Impact Statement below:

[ ] When FAR 6.302-1 is cited for follow-on acquisitions as described in 6.302-1(a)(2)(ii), an estimate of the cost to the Government that would be duplicated and how the estimate was derived.

[ X ] Other:

a. Procurement History: Prior to SPRBL1-18-D-0013, the Government procured the required NSN under contract SPRBL1-11-D-0014. The requirement was solicited as a sole source commercial item, and was awarded to L-3 as stated in the below chart. Additional previous procurements are included in the chart below.

The 30kW and 60 kW diesel engines are sold by L-3 Communications, who acquired them from CK Power under a proprietary agreement between John Deere and L-3 Communications. CK Power is the only authorized dealer for the John Deere 30 & 60 kW Engines.

Contract Number Award Date Contractor Competitive/Sole Source SPRBL1-18-D-0013 24 May 2018

(This contract has reached the maximum ceiling)

L-3 Communications Westwood Corporation

Sole Source

SPRBL1-11-D-0014 26 May 2011 L-3 Communications Westwood Corporation

Sole Source

W15P7T-06-D-F801 22 December 2005 CK Power Products* Sole Source W15P7T-04-D-C607 30 April 2003 CK Power Products* Sole Source W15P7T-03-P-D615 30 December 2002 CK Power Products* Sole Source W15P7T-00-P-B219 21 September 2000 CK Power Products* Sole Source

* Authorized dealer of John Deere

b. Acquisition Data Availability: The Government only possesses a broad-based Statement of Work for this effort.

APPROVAL REQUIREMENTS

[ ] Up to $700,000 Contracting Officer

[ X ] $700,000 to $13,500,000 Competition Advocate

[ ] $13,500,000 to $93,000,000 Head of Contracting Activity (HCA)

[ ] over $93,000,000 Senior Procurement Executive (AQ) (DLA General Counsel signature line required when sending to AQ)