JA_F.E.Warren AFB_Generators_Final_Redacted.pdf

CECT-NW0-23-13

CUI

Justification Review Document for Other than Full and Open Competition - FAR Part 6

Program/Equipment: CUMMINS GENERATORS

Authority: 10 U.S.C. 3204(c)(1), as implemented by FAR 6.302-1, gives DoD the authority to set aside requirements when there is only one responsible source and no other supplies or services will satisfy agency requirements. FAR 6.302-1(a)(2)(iii) states:

"For DoD, services may be deemed to be available only from the original source in the case of follow-on contracts for the continued provision of highly specialized services 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."

Amount:

Prepared by:

Typed Name: Scott T. Dwyer

Title: Contract Specialist

Date: 19 April 2023

Contracting Officer:

Typed Name: Amanda E. Eaton

Date Reviewed: 20 April 2023

Technical/Requirements Representative:

Typed Name: Jeffrey D. Tessin

Title: Project Manager

Date: 20 April 2023

Reviews

I have reviewed this justification and find it adequate to support other than full and open competition.

Legal Counsel

Typed Name: Thomas J. Tracy

Signature:

TRACY.THOMAS.J.123135 Digitally signed by

TRACY.THOMAS.J.1231350582

0582 Date: 2023.05.24 20:40:11 -05'00' Date: 24 May 2023

6.302-1(c)(1). FAR 6.302(b)(4) indicates that use of FAR 6.302-1 is appropriate "When the agency head has determined in accordance with the agency's standardization program that only specified makes and models of technical equipment and parts will satisfy the agency's needs for additional units or replacement items, and only one source is available." FAR 6.302-1(c)(1) indicates that use of FAR 6.302-1 is appropriate for "An acquisition or portion of an acquisition that uses a brand-name description or other purchase description to specify a particular brand-name, product, or feature of a product, peculiar to one manufacturer."

a. Background:

(1) USAGE will be the servicing agency for the construction of the GBSD ICC at

F. E. Warren AFB. The Air Force has established standardization requirements for the install of generator equipment across all Air Force installations. The Air Force Head of Procuring Activity approved a Class J&A on 17 December 2021 that requires AF procurements to utilize specific makes of generator equipment in all their requirements through 2026. The J&A speaks to estimated cost savings in training expenses and efficiency improvements in mission performance.

(2) FAR 17.503(d)(1) states that if a J&A or a D&F is required by law or regulation, the servicing agency shall execute and issue the J&A or D&F, though the requesting agency shall furnish the servicing agency any information needed to make the J&A or D&F. Therefore, USAGE, as the servicing agency concluded that J&As in support of F. E. Warren AFB work and other Air Force projects must be executed by Army.

b. Justification:

(1) FAR 6.302-1(b)(4) permits use of the Only One Responsible Source authority when the agency head has determined in accordance with the agency's standardization program that only specified makes and models of technical equipment and parts will satisfy the agency's needs for additional units or replacement items, and only one source is available.

(2) FAR 6.302-1(c)(1) allows for the acquisition or portion of an acquisition that uses a brand-name description or other purchase description to specify a particular brand-name, product, or feature of a product, peculiar to one manufacturer.

c. Alternatives: The standardization determination executed by the Air Force compels USAGE to include the requirement for Cummins generators in solicitations for construction work at F. E. Warren AFB. There is no alternative product that meets the AF's need to standardize this equipment for F. E. Warren AFB. The only alternative considered that would differ from the terms of this J&A was to purchase the generator equipment separately and provide it to the construction contractor as government furnished equipment (GFE). This alternative would still involve the purchase of the Cummins equipment on a sole source basis. Further, the effort associated with purchasing, storing, conveying and managing the GFE was determined to be both inefficient and uneconomical. No other feasible alternatives were identified.

d. Impact: If this J&A is not approved, USACE's construction contracts will not be executed in accordance with the Air Force CM decision. USAGE will be unable to implement the Air Force's standardization program in the mission at F. E. Warren AFB.

If the generator equipment is not standardized, the Air Force will not be able to realize the efficiencies and reduction of costs that have been targeted in the category management analysis. Anticipated advantages include reduced training costs for Air Force maintenance personnel, efficiencies in obtaining and storing spare parts, and decreased disruption to mission by rapid resolution of any generator failures.

6. Efforts to Obtain Competition: Based on information in paragraph 5 above, and the sources sought information, competition for this action is best obtained through competition in sourcing the systems and equipment. Competition will be possible in the acquisition of the items. Each item is available from multiple suppliers and proposals received shall be considered.

7. Actions to Increase Competition: Future acquisitions will continue to seek sources sought to identify other name brands which are compatible with the current systems.

8. Market Research: Market research indicated that competition among authorized suppliers for the brand name product, Cummins generators, will exist since they are readily available in the commercial marketplace and there are multiple companies that are licensed to sell the products. Because there are multiple sources, it is reasonable to expect that a fair and reasonable price will result from adequate competition at the subcontracting level.

In addition to the above, in accordance with FAR 5.201, the Air Force posted a Notice of Proposed Contract Action/Special Notice, 238220, generators to FedBizOpps (FBO) on 15 March 2019 when efforts were underway to prepare their Class J&A. This AF J&A included standardization to Cummins, Inc, for the requirements of F.E. Warren AFB.

The posting remained open for 15 days. A description of the requirement was included in the FBO notice and advised any interested responsible party that believed it was equally or otherwise uniquely capable of meeting the requirements to submit a capability statement. Two sources expressed interest in the published notice, but neither were chiller manufacturers.

9. Interested Sources: One firm responded to the NOi/Sources Sought issued by Omaha District in April 2023, RV Global Solutions. The respondent did not provide information that they could provide generators other than Cummins, nor did they provide information that stated that other power generation brands were available that could meet the projects requirements. This J&A will be posted with the solicitation in accordance with FAR 5.102(a)(6).

10. Other Facts: Reasonable efforts were made to retrieve other facts from computer records, contract files, and other sources to support the use of other than full and open competition as follows:

a. Prior to the recent standardization efforts launched by the Air Force, there is no known history of sole source procurement of generator equipment on an Air Force installation-wide basis.

b. As previously stated, the Air Force Senior Procurement Executive approved a Class J&A on 17 December 2021 that requires use of brand name generator equipment in all requirements procured directly by the Air Force through 2025. The J&A encompassed all Air Force installations and specified that Cummins is the designated single manufacturer for F. E. Warren AFB. The Air Force followed up with a formal generator Standardization, Single Manufacturer Selection determination on 13 May 2022. This Class J&A implements the Air Force standardization determination for all construction projects executed at F.E Warren AFB through 2027.