16-T-0051_FAR-PART_13_5_JA_FINAL.pdf

Contractor: Invensys Systems Inc Program/Equipment: Engine Test Cells

FAR Subpart 13.5 Simplified Procedures for Certain Commercial Items – Sole

Source Justification and Approval

1. Contracting Activity: Army Contracting Command-Redstone Arsenal – Corpus Christi Army Depot Contracting Office (ACC-RSA-CCAD), Corpus Christi, TX 78419.

2. Description of Action: The Corpus Christi Army Depot, Directorate of Infrastructure and Risk Management, Equipment Maintenance Division requests approval to establish a Firm Fixed Price Time and Material (T&M) hybrid contract with Invensys Systems Inc.

The Government projects award for August 2016 of fiscal year 2016. Army working Capital funds will be used. An acquisition plan is not required because this procurement does not meet the threshold at Defense Federal Acquisition Regulation Supplement 207.103(d)(i)(B) however an acquisition strategy is required and will be prepared pursuant to AFARS 5137.590-2(b).

This action is a follow-on to contract W912NW-15-P-0179. That contract was not competed under authority FAR 13.106-1(b)(1)(i). Paragraph, “Actions to Increase Competition” of the previous justification is not stated: Those actions were not accomplished due to Invensys Systems Inc (OEM) holds the proprietary rights to all technical data required to provide the services required. Attached is copy of the approved Sole Source Justification for contract W912NW-15-P-0179.

3. Description of Supplies/Services: This is a three (3) year contract with a 12 month base and two (2) each 12 month option periods for maintenance and technical support services for the controls and instrumentation of the Engine Test Cells #5, #6, #9, and #10. Services include maintenance and technical support to insure the reliability and availability of the controls and instrumentation systems to supplement the current support at the Corpus Christi Army Depot (CCAD).

Base Period: 24 Sep 2016 to 23 Sep 2017 Value: $_77,536.00__ Option Period 1: 24 Sep 2017 to 23 Sep 2018 Value: $_77,536.00_______ Option Period 2: 24 Sep 2018 to 23 Sep 2019 Value: $_77,536.00_______

Total: 232,608.00

FAR Clause 52.217-8 option: _24 Sep 2019 to 23 March 2019_ Value: $_$38,768.00_

Total: $271,376.00_

4. Authority Cited: Simplified Procedures for Certain Commercial Items, 41 U.S.C. 1901 as implemented by FAR Subpart 13.5: The Original Equipment Manufacturer (OEM) is the only known source capable of furnishing the required support services.

FOR OFFICIAL USE ONLY

5. Reason for Authority Cited:

(a) Invensys Systems, Inc., the original equipment manufacturer (OEM) is the only known source capable of providing the required support services since Invensys Systems Inc holds the proprietary rights to all equipment and software required to provide the services required. Invensys Systems Inc., is the only company that can provide the required technical and maintenance support services.

(b) There are no alternatives as the Engine Test Cells currently installed at

CCAD is an Invensys Distributed Control System (DCS).

(c) Competition is not feasible as Invensys Systems Inc., is the sole manufacturer of this system. A system from a different company will not be in the best interest of the Government as the operating procedures are designed and implemented from Invensys instruments. They are the OEM of this system with proprietary rights to equipment and software. Acquiring a different system will conflict with the current equipment and software and will cause operational problems and delays. This system is essential to the Government’s requirements.

6. Efforts to Obtain Competition: In accordance with FAR 5.201 the Contracting Officer shall publish a pre-solicitation notice; Pre-solicitation notice RFP W912NW-16-T- 0051, synopsized posted on or around 30 June 2016.

7. Actions to Increase Competition: This requirement was published in the Competition Advocate Shopping List (CASL) on 22 April 2016. The CASL is the Aviation and Missile Command’s (AMCOM) forecasting tool available to the contracting community and is continued on the Competition Management Office’s home page.

8. Market Research: In accordance with FAR Part 10.0002, market research has been conducted for this acquisition by Mr. James Spurgeon, Industrial Specialist and Ms.

Jennifer Salyers, Contract Specialist in June 2016. The market research report-commerciality determination (MRR-CD) was approved by the Contracting Officer. The following techniques were used:

(1) Contact with the following knowledgeable persons in Government and/or industry regarding the commercial nature of this requirement and/or standard industry practices in this area of supplies/services from June 2016.

(2) Publication in AMCOM CASL: Initial entry date: 22 April 2016

(3) James Spurgeon, Industrial Specialist, CCAD, Personal knowledge in procuring supplies/services of this type.

9. Interested Sources: To date, no other sources have written to express interest in the acquisition. See paragraph 6 for synopsis information.

10. Other Facts:

a. Procurement History:

(1) Contracts W912NW-15-P-0179 and W912NW-14-P-0258.

(2) These actions were both sole source actions.

(3) Authority cited FAR 13.106-1(b)(1)(i).

(4) A justification was prepared to support the procurement made before this one.

(5) No prior contract for this requirement was accomplished using full and open competition.

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.

Typed Name: Ernest L. Forney Title: Division Chief, EMD

12. Fair and Reasonable Price Determination: I hereby determine that the anticipated cost to the Government for this contract action will be fair and reasonable based on use of techniques, which will include: price analysis, IGCE, historical data, and sole source negotiations with Invensys Systems Inc. As a part of this basis, certified cost or pricing data is not required because the item and/or services being acquired are considered commercial.

Typed Name: Archie Covington Title: Contracting Officer

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

Typed Name: Archie Covington Title: Contracting Officer

Approval

Based on the foregoing justification, I hereby approve the procurement of maintenance and technical support of engine test cells #5, #6, #9, and #10 controls and instrumentation on a sole source basis pursuant to the authority of the Simplified Procedures for Certain Commercial Items, 41 U.S.C. 1901 as implemented by FAR Subpart 13.5, subject to availability of funds, and provided that the services or supplies herein described have otherwise been authorized for acquisition.

Archie Covington Contracting Officer