Redacted_-_J A_6.302-1__SPRDL1-15-R-0402_updated.pdf

CMO Control Number:

SPRDL1-15-R-0402

DEFENSE LOGISTICS AGENCY

JUSTIFICATION FOR OTHER THAN

FULL AND OPEN COMPETITION

DLA LAND– Warren (DLA) is the procuring activity for this action.. The statutory authority permitting other than full and open competition is 10 U.S.C. 2304(c)(1), as implemented by FAR 6.302-1, "Only One Responsible Source and no other supplies or services will satisfy requirements."

PART I - Description of Item Required:

a. NOUN: Detector Kit

b. QUANTITY: 103

OPTION QUANTITY: 103

c. NSN: 6640-01-138-2563

d. MPN: GTP-323

e. VEHICLE SYSTEM: Airmobile Aviation Fuels Laboratory, Aviation Fuels Test Kit & the Ground

Fuels Test Kit, Forward Area

Refueling, PQAS, PQAS-E.

f. ESTIMATED UNIT PRICE: $ 2,006.00

g. ESTIMATED VALUE: $ 206,618.00

ESTIMATED OPTION VALUE: $ 206,618.00

ESTIMATED TOTAL VALUE: $ 413,236.00

h. PRON NUMBER: EH57E462EH

i. Type of Funds: AWCF

j. Contract Type: Firm-Fixed Price

PART II - Technical Information and Certification

1. The US Army Tank-automotive and Armaments Command LCMC requires the acquisition of the above item. The only approved source for the above item is:

a. Contractor(s) Name: Gammon Technical Products, Inc.

CAGE: 32218

Part Number: GTP-323

2. Reasons the item is not suitable for full and open competition:

a. Status of the Technical Data Package (TDP):

The purpose of the detector kit is to measure the undissolved water content in aviation turbine fuels. The standard test method for the measurement of this characteristic is ASTM D 3240. Gammon Technical Products are specifically identified within ASTM D3240 as a source of supply for the complete kit of test equipment required to conduct this test. No technical data that would define the production specifications is available because the detector kit was developed and tested at private expense and such data is therefore considered proprietary to the supplier. Gammon Technical Products developed, tested, and obtained ASTM approval of this item at its own cost. The Government did not fund Gammon’s efforts in developing or testing this item. Additionally, the Government did not fund Gammon to prepare a fully detailed TDP after approval.

Gammon Technical Products is the sole source owner of the drawing package and technical data rights. The lack of such data requires the detector kit to be procured on a non-competitive basis from the current manufacturer for all replenishment acquisitions.

b. Efforts to Develop a Competitive Package:

The Government does not own patent rights to the data that would be required to produce a competitive TDP. Gammon Technical Products has expressed to the Government that it is not interested in selling its technical data to the Government. Efforts to develop a competitive package would be a futile task for the Government to take on under these conditions. Therefore, no cost or schedule for a competitive TDP will be provided.

c. Demonstration of Approved Contractor's Unique Qualifications:

The Gammon detector kit is uniquely qualified because it is specifically used in the Aviation Fuels Contamination Test Kit (AFCTK). The AFCTK was designed around the use of the Gammon Detector kits and as such the box, foam, and packaging was all designed specifically for it. Furthermore, the Technical Manuals (TMs) were written to operate this particular instrument. Although there is another instrument commercially available that will meet the ASTM D3240 testing requirements, it would not fit in the AFCTK as it is designed, the TMs would have to be rewritten and updated to reflect the new procedures, new NSNs would need to be assigned, spare parts would have to be provisioned, and the new instrument has not been fully tested by TARDEC to be robust enough for this application. It would be costly for the ARMY to implement a new instrument into the AFCTK, and there is no funding available to do so. Therefore, the Gammon detector kit is the only commercially available option.

d. Efforts to Qualify Additional Suppliers:

No vendors are in the process of being qualified at this time, and none will be qualified prior to the contract award due to funding constraints. At this time, there are no current or planned efforts to qualify additional sources due to the fact that the standard test method (ASTM D 3240) specifically requires the use of a Gammon Technical Products detector kit.

e. Market Survey:

The detector kit is currently listed on the Competition Advocate's Shopping List (CASL) and is coded as 3H. Historically, no additional contractors have expressed an interest in providing the detector kit on past procurements as a result of being listed on the CASL. Contractors interested in competing on any items listed on the APPL and CASL are instructed to contact the Competition Advocate’s Office. Request for sources sought was sent on August 24, 2015.

3. The POC for this action is Patrick Combs (586-282-7615).

4. Technical Certification: I certify that my supporting data are accurate and complete to the best of my knowledge and belief.

Name: Patrick M. Combs Date: 29 Jun 15 Title: Engineer, Support Team

///SIGNED/// 30JUN15

Name: Larry C. Turnipseed Title: Team Leader, Engineering Support Team Signature:

PART III - Requirements Certification

1. Per FAR 6.303-2(b), I certify that data provided on PRON EH57E462EH for required quantities and delivery schedules are accurate and complete.

Item Manager: Keenya L James: Date: 29 Jun 15

2. Requirements Certification - I certify that this data is accurate and complete to the best of my knowledge and belief.

Name: Keenya L James: 29 Jun 15 Title: Inventory Management Specialist (Item Manager) Signature: //s// Keenya L James

////Signed//// 30 Jun 2015 Name: Tracy A. Albers Title: Supv, Petroleum Team

PART IV - Contracting Information

1. Description of Action: The required item will be solicited on Request For Proposals SPRDL1-15-R-0402. It is proposed to negotiate a Firm-Fixed-Price contract with Gammon Technical Products, Inc. for its part number GTP-323. Rational for restriction to Gammon Technical Products, Inc. is provided above in Part II.

2. Efforts to Obtain Competition: Although this procurement will be restricted to the above source, every effort will be made to obtain potential sources by synopsis through the FedBizOpps system.

3. Interested Sources: To date, no other sources have expressed a written interest in the acquisition of this item. Should potential sources respond to the synopsis in FedBizOpps, they will be evaluated by the appropriate engineering office as an alternate source.

4. The POC for this action is Lori Scherzi-Brubaker, OFFICE SYMBOL: ZGAC, EXT 282-3183

5. Fair and Reasonable Determination: I hereby determine that the anticipated cost for this contract action will be fair and reasonable. Normal acquisition procedures will be followed to determine that the contract price is fair and reasonable. The appropriate forms of cost and/or price analysis will be utilized, and negotiations will be conducted if necessary.

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

Name: Leah Bourdeau Title: Contracting Officer Signature: //s// Leah C. Bourdeau Date: 31 Aug 2015

PART V - Legal Concurrence

Concur: // Darin R. Morency // Date: September 2, 2015