J A_REDACTED.pdf

Control No: 16-0003

Justification and Approval for Other Than Full and Open Competition Justification

1. Contracting Activity: Army Contracting Command – Warren ACC-WRN (ANAD).

2. Description of Action: A solicitation resulting in a follow on contract with Phillips Corporation, Federal Division to whom the solicitation will be restricted. The proposed contract is intended to be a base year and four (4) option years for annual preventive maintenance and unlimited on-call emergency repairs of the Government owned HAAS machine tools. Army Working Capital funds will be used for this acquisition. The Advanced Acquisition Plan number is AN150061.

3. Description of Supplies/Services: Provide certified service in the form of preventive maintenance that includes inspections, machine alignment, accuracy verifications and emergency repairs, repair parts, materials and supplies. The estimated total procurement value is $_________ for a base year and four option years.

4. Authority Cited: 10 U.S.C. 2304(c)(1) - Only one responsible source as authorized by FAR 6.302- 1(a)(2).

5. Reason for Authority Cited: As described in FAR 6.302-1(a)(2) and FAR 6.302-1(b)(2), procurement by other than Full and Open Competition is necessary because Phillips Corporation, Federal Division, 7390 Coca Cola Drive, Hanover, MD 21076, 800-878-4747, Cage Code 3MPQO, holds exclusive territorial rights through a distributor agreement with Haas Automation, Inc., to provide the support necessary to successfully complete this effort. The technical data required to perform the required services for the equipment is proprietary and not available to other sources, as documented in a letter from Haas Automation Inc. dated 17 Jan 2015

6. Efforts to Obtain Competition: This procurement action will be synopsized in the Fed Biz Ops stating the intent to negotiate only with the Phillips Corporation, Federal Division and to encourage any firm that recognizes these items/services and can provide supporting evidence, including written permission from Phillips Corporation, Federal Division, to use any proprietary data needed to perform the service described in the specification, to identify themselves. All qualified offerors will be considered.

7. Actions to Increase Competition: We will continue to conduct industry surveys of other vendors to determine if they have developed products and services which meet the requirements for this type of service. All vendors must have written permission from HAAS Automation, Inc. stating that they can have rights to the sole and exclusive distributorship authorized to Phillips Corporation, Federal Division to sell Haas CNC Machine Tools and Haas products to United States Government facilities as well as any and all service related contracts or maintenance agreements on Haas equipment.

8. Market Research: Phillips Corporation, Federal Division has been contacted and the market survey has revealed that the Phillips Corporation Inc., Federal Division, is the sole and exclusive distributor authorized to sell Haas CNC Machine Tools and Haas products to United States Government facilities.

This includes any and all service related contracts or maintenance agreements on Haas equipment.

9. Interested Sources: To date no other sources have expressed an interest in writing. The synopsis in the Fed Biz Ops, explained in paragraph 6 above, will be used to identify any other qualified vendors.

Control No: 16-0003

10. Other Facts:

a. Previous History

Contract: W911KF-11-C-0012 Item 0001 Preventive Maintenance (PM) For HAAS CNC Machines Item 0002 Emergency Repair Service for HAAS CNC Machines Item 0003 Manpower Reporting Contractor: Phillips Corporation, Federal Division Competitive Status: Sole Source Procurement Award Date: May 2011

11. Technical Certification: Include the following statement:

I certify that the supporting data under my cognizance which are included in the justification are accurate and complete to the best of my knowledge and belief.

Name: ______________ Signature: ____________Title:

________________ _______ Date: ____________

12. Requirements Certification: Include the following statement:

I certify that the supporting data under my cognizance which are included in the justification are accurate and complete to the best of my knowledge and belief.

Name: _______________ Signature: ___________________ Title: ______________________ Date: ___________________

13. Fair and Reasonable Cost Determination: I hereby determine that the anticipated cost or price to the Government for this contract action will be fair and reasonable. Determination was made using price/ cost data comparisons and independent government estimate to determine a fair and reasonable price.

Name: __________________ Signature: _____________________ Title: Contracting Officer Date: _____________

14. Contracting Officer Certification: This certification shall be made by the contracting officer who will sign the contract resulting from this justification and approval. Include the following statement:

I certify that this justification is accurate and complete to the best of my knowledge and belief.

Name: __________________ Signature: ______________ Title: Contracting Officer Date:

COORDINATION:

Director of Public Works Signature: _______________ Date: ____________

Competition Advocate (DOC) Signature: _______________ Date:__________

Legal Officer Signature: _____________________ Date: ____________