JA_SPRDL1-19-R-0196_REDACTED.pdf

SPRDL1-19-R-0196

Prior procurements were below SAT therefore no previous J&As were available

DEFENSE LOGISTICS AGENCY

JUSTIFICATION AND APPROVAL

FOR OTHER THAN FULL AND OPEN COMPETITION

1. Contracting Activity: The Defense Logistics Agency Warren (DLA Land Warren) is the procuring activity for this action.

2. Description of Action: This action is for the procurement of 38 each (including 100% option quantity) Engine, Diesel Units, NSN: 2815-01-642-2032, P/N: H006158. A new firm-fixed price contract award is anticipated to be awarded to HDT Expeditionary Systems, Inc.

(CAGE: 92878). The estimated total purchase price is and type of funds are Army Working Capital Fund (AWCF).

3. Description of Supplies/Services: The Large Capacity Field Heater (LCFH) Type II is a heating system that provides clean, heated recirculating ventilation air in a military environment in worldwide temperature extremes. The LCFH Type II provides a minimum of 350,000 BTU of heat and a minimum ventilation airflow rate of 2000 CFM. Heat generated by the burner assembly heats the interior of the heat exchanger, which in turn heats fresh air, which is drawn into the sealed, heated air compartment via a fresh air inlet fan connected to an isolated rubber coupling. All combustion gases created by the diesel engine and the burner assembly are exhausted out through an exhaust stack. Heated air from the heat exchanger is then forced out the heated air outlet and into the outlet air duct. The outlet air duct delivers heated air from the LCFH Type II to the shelter. The Engine, Diesel is the internal combustion engine which produces the necessary power to operate the heater components. The engine is a critical class IX component for the LCFH Type II as it makes the LCFH Type II a self-powered heater.

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

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

5. Reason for Authority Cited: The Engine, Diesel (NSN: 2815-01-642-2032) is a component to the LCFH Type II. HDT Expeditionary Systems, Inc. designed and tested the Engine Diesel for use on the LCFH at their own expense.

The Government does not own the technical data rights or the technical data package (TDP) for the Engine, Diesel. The current configuration was developed by HDT Expeditionary Systems, Inc. as a component to the LCFH Type II. All technical data associated with the LCFH is proprietary to HDT Expeditionary Systems, Inc.

The non-availability of technical data requires that this item be procured on a non-competitive basis from the mentioned manufacturer for the replenishment of the spare part. All acquisition data and technical data for 2815-01-642-2032 is owned and controlled by the listed source.

The Government does not own the patent rights or any other proprietary rights to the technical data that would be required to produce a competitive TDP. The Government did not buy the proprietary rights to produce a competitive TDP. No vendors other than HDT Expeditionary Systems, Inc. can meet the required performance and statutory EPA standards.

6. Efforts to Obtain Competition: The Government will not attempt to obtain competition for this effort. Obtaining competition is impracticable at this time. The Government does not own the technical data package or hold any data rights to this item. HDT Expeditionary Systems, Inc. currently holds the proprietary data rights to the item. Additionally, HDT Expeditionary Systems, Inc. is the only contractor that manufactures the item needed while taking into account EPA and other relevant statutory requirements that apply to this system.

7. Actions to Increase Competition: No immediate action is being taken to increase competition. TACOM and the Program Office do not anticipate receiving funding for acquisition of technical data and/or data rights for item.

8. Market Research: Market research was performed by technical POCs from TACOM ILSC on 26 April 2019 by reviewing the engine, diesel vendor/manufacturer websites/catalogs of Transtar Industries, Rostra Electrical Products, and Magnet-Schultz America to determine if commercial items or non-developmental items are available to meet the Government's needs.

These and other diesel engine manufacturers do not manufacture, nor currently develop, items required to meet specific form, fit, and function of the HDT Expendtionary Systems, Inc.

developed and tested Engine, Diesel.

Sources Sought Synopsis/Notice 2019-345 was posted to Fed Biz Opps on 9 April 2019:

Component: Engine, Diesel

NSN: 2815-01-642-2032

Part Number: H006158 End Item: Engine, Diesel Units

9. Interested Sources: To date, no other sources have written to express an interest in qualifying as a source of supply. Sources Sought Notice 2019-345 was posted to Fed Biz Opps on 9 April 2019 for the Engine, Diesel, NSN: 2815-01-642-2032, Part Number:

H006158.

10. Other Facts:

a. Procurement history:

Contract: SPRDL1-17-P-0114

Award Date: 2017 January 26

Contractor: WINDWARD ENTERPRISES, LLC.

Value: $126,294.00

Competitive Status: Limited Source

Contract: W56HZV-16-P-0013

Award Date: 2015 October 08

Contractor: HDT EXPEDITIONARY SYTEMS, INC.

Value: $48,384.00

Competitive Status: Limited Source

b. Acquisition data availability. The Government does not own the TDP or hold any data rights to this item. The LCFH system, for which the Engine Diesel is a component, was procured based on Purchase Description 4520-0130.