JA_SPRDL1-17-R-0563_Redacted.pdf

J&A Solicitation No. SPRDL1-17-R-0563

JUSTIFICATION AND APPROVAL

FOR OTHER THAN FULL AND OPEN COMPETITION

SOLICITATION NO. SPRDL1-17-R-0563

1. Contracting Activity: Defense Logistics Agency-Warren (DLA-WRN)

2. Description of Action: The planned contract action is for purchase of flash point analyzers, used to support the Petroleum Quality Analysis System – Enhanced (PQAS- E). The purpose of the flash point analyzer is to determine the flash point of jet and diesel fuels, while the PQAS-E is a mobile lab that is intended to test fuels in theatre to a modified level B standard, according to ASTM International and ISO standards to determine fuel quality. The PQAS-E increases the testing capabilities to ensure the quality of fuel that is received, stored, and issued from either commercial, military, and/or captured enemy stocks throughout the theater of operation. This procurement will be restricted to Ametek Petrolab Company (CAGE: 0DRR8), as this firm is the only responsible source for this item, and no other supplies will satisfy agency requirements.

This action will be funded using Army Working Capital Funds (AWCF).

3. Description of Supplies/Services: The proposed contract action is to procure 8 analyzers (NSN 6640-01-524-9898; Ametek Petrolab Company Part Number 42000, and also known as the Grabner Miniflash Point Analyzer) – with an option to purchase 8 more – at an estimated cost of , for a maximum estimated contract value of . Pertinent details regarding the proposed acquisition are listed below:

NSN Nomenclature Manufacturer P/N Acquisition

Method Code

6640-01-524-9898 Laboratory, Petroleum, Modular Base

Ametek Petrolab Company P/N 42000

3H

Acquisition Method Code (AMC): 3 – Acquire, for the second or subsequent time, directly from the actual manufacturer.

Acquisition Method Suffix Code (AMSC): H – The Government physically does not have in its possession sufficient, accurate, or legible data to purchase this part from other than the current source(s). This code is applicable only to parts under immediate buy requirements and only for as long thereafter as the deficiency is under review for resolution and appropriate recoding. This code is only assigned at the conclusion of limited screening, and it remains assigned until the full screening process resolves physical data questions and results in assignment of a different AMSC. If one source is available, AMCs 3, 4, or 5 are valid. If at least two sources exist, AMCs 1 or 2 are valid.

Items identified by AMSC A or H on long term contracts are subject to review for possible assignment of a different or permanent AMSC. These items shall be continually reviewed, not less than annually, in part to determine if technical data is available to allow for assignment of a more permanent AMSC. Any item determined to be competitively available before contract award will be removed from the acquisition.

Any item determined to be competitively available after contract award may be deleted from the contract and competitively re-solicited. The results of the reviews and reclassification actions for AMSC A and H items will be reported by the contracting officer to the local competition advocate, and may be reported to DLA Competition Advocate in accordance with DLA Acquisition requirements. If the review of an item classified as AMSC H does not result in the assignment of a more permanent AMSC within the later of one year of approval of this justification or one year of the item’s placement on a contract covered by this justification, the contracting officer shall remove the item from the contract.

4. Authority Cited: The statutory authority permitting other than full and open competition is 10 USC 2304(c) (1), as implemented by FAR 6.302-1, “Only one responsible source and no other supplies or services will satisfy agency requirements.”

FAR 6.302-1(a)(2)(ii)(A)(B) provides that “supplies may be deemed available only from one or a limited number of responsible sources, and no other type of supplies or services will satisfy agency requirements, full and open competition need not be provided for. Supplies may be deemed to be available from the original source in the case of a follow-on contract when award to another source would result in substantial duplication costs to the Government that would not be recovered through competition or unacceptable delays in filling the Government's requirements.”

5. Reason for Authority Cited: The Grabner Miniflash Point Analyzer meets all requirements of ASTM D6450; Standard Test Method Flash Point by Continuously Closed Cup (CCCFP) Tester.

The U.S. Government does not own or have rights to the technical data for this item, as the Grabner Miniflash Point Analyzer was developed, tested, and earned ASTM approval at private expense; as a result, the technical data is considered proprietary to the manufacturers. The Government did not fund any efforts in developing or testing this item, nor did the Government fund any efforts to prepare a fully detailed technical data package (TDP) after approval. Grabner is the sole source owner of the drawing package and technical data rights. The lack of such data requires the flash point analyzer to be procured on a non-competitive basis from the current manufacturer for all replenishment acquisitions

Procurement by other than full and open competition is necessary because Grabner’s Miniflash Point Analyzer was chosen through research for the PQAS-E and is needed to insure standardization of equipment, test procedures, training, spare parts, and manuals with the PQAS-E. These Grabner analyzers are the only approved items for these systems. Due to the specific dimensions of the interior of the PQAS-E, the only suitable flash point analyzer available is the Grabner Miniflash model. Additionally, the mounting brackets and trays have been specifically designed for the Grabner Miniflash, and will not work with any other models. Furthermore, counter space is also conserved due to the small size of the instrument which allows for it to be mounted on the wall; if a new instrument were used instead, these benefits would be lost. Finally, the Technical Manual (TM) has been written specifically for this instrument. If a new instrument were to be used, it would be very costly and time consuming to update the TM to reflect the new operating procedures.

These instruments were recently procured in early 2017. As previously mentioned, there is a fully provisioned PQAS-E Army TM in place for sustainment, and there are no known issues with the Grabner Miniflash Point Analyzers that are within the previously assembled PQAS-E mobile labs.

6. Efforts to Obtain Competition: Currently, there are no planned efforts to qualify other suppliers of this item, nor will there be prior to the award of this proposed contract due to funding constraints – no funds are available to qualify additional sources, given the cost and time involved, as described below:

Cost: If alternatives to Grabner Miniflash Point Analyzer were used in the PQAS-E, the Government would lose the benefit of the commonality of equipment with the mobile labs. This would lead to additional costs not only for the testing and qualifying of different equipment, but also the cost to train soldiers in the use of different equipment.

A new instrument would require time for testing and qualification, and additional training for soldiers as well. Additionally, it would be costly for the TMs to be rewritten and validated/verified for a new model.

Delay: Testing and training would be unacceptable because it would further delay soldiers from having accessibility to the PQAS-E in the field These instruments meet the necessary form, fit, and function, and without standardization our soldiers are placed under an unnecessary risk that could cause inaccurate results and safety hazards. This procurement will not be subject to those costs or delays in the program schedule.

7. Actions to Increase Competition: There are no known funding efforts in progress at this time to acquire the commercially controlled data needed to make these parts competitive. The time and money costs would not be recouped through competition, due to the complexity of the design and the time it would take to produce the flash point analyzers in the quantities needed, which would create unacceptable delays in filling the Government’s requirements.

Additionally, there has not been any expressed interest by any known vendor to become a qualified source to produce this item. Interested contractors can seek qualification through the Source Approval Program with the Competition Management Office (CMO). To date, there has not been any expressed interest by any known vendor(s) to become a qualified source(s) to produce this item.

8. Market Research: This item appears on the Competition Advocate’s Shopping List (CASL), dated 26 January 2017. The CASL contains TACOM-Warren’s projected buy list of sole source items for the next three years based on the AMC Codes of 3, 4, and

5. It is updated and advertised twice a year in the FedBizOpps and is available to interested contractors on the TACOM-Warren Business Opportunities website under the Future and Potential Buys Link. Contractors interested in competing on any items listed are instructed to contact the Competition Advocate’s Office.

9. Interested Sources: A sources sought synopsis was posted on 2 October 2017.

To date, no other sources have written to express an interest. Nevertheless, offerors are always encouraged to seek qualification through TACOM’s Source Approval Program (SAP) with the CMO. Additionally, the synopsis notice required by FAR 5.201 will be published and any proposals received shall be considered.

10. Other Facts:

a. Procurement history (Last 3 buys):

(1) Contract: SPRDL1-17-P-0108 Award Date: 25 Jan 2017 Contractor: S.I.T. Corporation Value: $104,750.00

Competitive Status: Restricted Authority: 6.302-1, Only one responsible source and no other supplies or services will satisfy agency requirements

(2) Contract: W56HZV-15-P-0046 Award Date: 4 Nov 2015 Contractor: Ametek Petrolab, LLC Value: $67,800.00 Competitive Status: Unknown Authority: Unknown

(3) Contract: W56HZV-11-P-0833 Award Date: 20 Sep 2011 Contractor: Ametek Petrolab, LLC Value: $63,840.00 Competitive Status: Unknown Authority: Unknown

b. Acquisition Data Availability: The Government does not own or have rights to the technical data used on the Grabner Miniflash Point Analyzers.

c. Unusual and Compelling Urgency: N/A

d. Subcontracting Competition: N/A