A5_J A_Relion_Generator_Cartridges.pdf

Justification and Approval for Other Than Full and Open Competition Proposed Contract Not Exceeding $650,000

CONTROL NO._14-12

Authority: 6.302-1 (a)(2)(ii) AMOUNT: $ 13,206

Prepared By:

NAME (Type or Print) Carlos Denson

TELEPHONE NO

817-886-1620

TITLE

ECSO-F Program Manager

DATE: 6 March 2014

SIGNATURES ARE REQUIRED BELOW:

I have reviewed this J&A and find the justification adequate to support other than full and open competition

Contracting Officer

SIGNATURE DATE

NAME (Type or Print) Linda D. Eadie

TELEPHONE NO

817-886-1085

Project Manager* If no PM, use N/A

SIGNATURE DATE

NAME (Type or Print) N/A

N/A

Office of Counsel

SIGNATURE DATE

NAME (Type or Print) TELEPHONE NO

Deputy for Small Business

NAME (Type or Print) Carolyn Staten

817-886-1382

Field Competition Advocate

NAME (Type or Print) LTC W. Neil Craig, III, P.E., Deputy Commander

TELEPHONE NO

817-886-1519

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Control No:

Justification and Approval for Other Than Full and

Open Competition Justification

1. Contracting Activity: Department of the Army, US Army Corps of Engineers, Fort Worth District, Contracting Division, Fort Worth, TX 76102

2. Description of Action: This justification is to purchase fifteen (15) new 650 E ReliOn Generator Cartridges from ReliOn, Inc. for the ReliOn generators located at the San Luis, ARAZ and Gadsden sites in support of Customs and Border Protection (CBP). The ECSO Program Manager will contact ReliOn directly to order and ship the cartridges to Yuma OIT forward support office. The CBP technicians located at the San Luis, ARAZ and Gadsden sites will replace the existing generator cartridges with the new cartridges upon arrival. The use of a particular brand or vendor for the cartridges is due to the specific materials utilized to make the generator function properly. The estimated cost for the 15 cartridges is $13,206.

CBP Mission Support funds (RWA # 20072035) will be utilized for this action.

3. Description of Supplies/Services: This procurement is for the contractor to provide the Government with a price quote to furnish the fifteen (15) 650 E ReliOn Generator Cartridges described in the Description of Action section above. Customs & Border Protection are using ReliOn generators to provide back-up power at the San Luis, ARAZ and Gadsden sites and need to replace the existing cartridges. ReliOn, Inc. is the sole provider and manufacture for the generator and cartridges, which are being utilized at these at the three locations above.

4. Authority Cited: The statutory authority permitting other than full and open completion for this procurement is 10 U.S.C. 2304 (c)(3), FAR 6.302-1, (a) (2) (ii) (A) Only One Responsible Source and No Other Supplies or Services will Satisfy Agency Requirements.

5. Reason for Authority Cited: ReliOn, Inc. is the sole provider and manufacture for the generator and cartridges, which are being utilized at the San Luis, ARAZ and Gadsden sites. In order to make sure power is maintained during a power outage, it is imperative to obtain the generator cartridges from ReliOn, Inc. The use of this authority is appropriate in accordance with FAR 6.302-1, (a) (2) (ii): “Supplies may be deemed to be available only from the original source in the case of a follow-on contract for the continued development or production of a major system or highly specialized equipment, including major components thereof, when it is likely that award to any other source would result in (A) substantial duplication of cost to the Government that is not expected to be recovered through competition, or (B) unacceptable delays in fulfilling the agency’s requirements. (See 10 U.S.C.

2304(d)(1)(B) or 41 U.S.C. 253(d)(1)(B).” Based upon the facts applicable to this acquisition, the use of other than full and open competition is justified for this requirement.

6. Efforts to Obtain Competition: Based on reasons given in paragraph 5, competition for this action was not feasible. A Sole Source for this type of specialized service is the appropriate method of procurement.

7. Actions to Increase Competition: None. The reasons indicated in paragraph 5 above preclude consideration of services provided by another company. USACE rarely has a need for this type of service.

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8. Market Research: Market research was conducted through the internet and ReliOn, Inc was the only company to manufacture the series 650 E Generator Cartridges that are utilized in the ReliOn generator. 650 E Generator Cartridges are a very unique and specific product where manufacturers design plays an important role. Approval of these items as brand name is critical for the overall efficiency of the generator and the San Luis, ARAZ and Gadsden facilities as a whole. Specifications of multiple manufacturers were researched and the products were of different materials, size and/or constructed differently compared to ReliOn generator cartridges.

9. Interested Sources: N/A

10. Other Facts:

a. Technical data packages, specifications, engineering descriptions and statements of work have been written to be suitable for full and open competition to the maximum extent possible.

11. Technical/Requirements Certification:

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: Carlos Denson Sign:

Title: ECSO-F, Program Manager Date Reviewed:

12. Fair and Reasonable Cost Determination: “I hereby determine that the anticipated cost to the Government for this contract action will be fair and reasonable.”

Name: Linda Eadie Sign:

Title: Contracting Officer Date Reviewed:

14. Contracting Officer Certification: “I certify that this justification is accurate and complete to the best of my knowledge and belief.”

Name: Linda Eadie Sign:

Title: Contracting Officer Date Reviewed:

APPROVAL

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Based on the foregoing justification, I hereby approve the procurement of A firm-fixed-price supply contract to provide fifteen (15) Generator Cartridges to the new Government-owned generators to provide back-up power to the San Luis, ARAZ and Gadsden sites, on an other than full and open competition basis pursuant to the authority of 10 U.S.C.2304(c)(3), and provided the services and property herein described have otherwise been authorized for acquisition.

Name: Sign:

Title: Special Competition Advocate Date Reviewed:

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Typewritten Text Contracting Officer

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Typewritten Text Linda D. Eadie

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21-Mar-2014