A12-J&A.pdf

JUSTIFICATION AND APPROVAL FOR

OTHER THAN FULL AND OPEN COMPETITION

SUBJECT: JUSTIFICATION and APPROVAL FOR OTHER THAN FULL AND OPEN

COMPETITION: Procurement of New Centerwell and Overside Dragheads.

1. CONTRACTING AGENCY:

U.S. Army Corps of Engineers, New Orleans District

P.O. Box 60267

New Orleans, LA 70160-0267

2. DESCRIPTION OF ACTION: Sole Source to IHC of America.

a. This procurement will be a Firm-Fixed Price Contract.

b. Estimated contract value: $693,351.00. The contract duration requested is for thirty (38) weeks following receipt of Notice to Proceed.

3. DESCRIPTION OF SUPPLIES/SERVICES: This requirement is to provide the service of a machine shop, IHC of America, to fabricate a new dragheads that will fit in the existing configuration of the Dredge Wheeler’s centerwell, overside and suction piping.

4. AUTHORITY CITED: Authority permitting other than full and open competition for procurement of these services is 10. U.S.C. §2304 (c) (1) as implemented by FAR 6.302-1 (a)

(2) (iii).

5. REASON FOR AUTHORITY CITED: IHC of America (Previously known as Dredge

Technology Corp (DTC)) has proprietary rights of the existing dragheads and dragarms aboard the Dredge Wheeler. The new centerwell and overside dragheads must be compatible with the dimensions of the existing dragarms and designed within the parameters of the existing dragheads. The parts required are protected under proprietary agreement and must be obtained from IHC of America. The Government does not possess the detailed drawings for the components required for fabrication of new parts. Use of any other parts would be impractical and would require extensive modification of the vessel. Consequently, without access or rights to this technical data by the Government or others, substitute sources for replacement parts do not exist. However, utilizing IHC of America to fabricate the new centerwell and overside dragheads to fit with the existing dragarms will be a substantial saving to the Government and prevent unacceptable delays.

6. EFFORTS TO OBTAIN COMPETITION: In accordance with FAR 6.302-2(b)(ii), the services needed are available only from the original source. A notice will be posted on the

Army Single Face to Industry (ASFI) site stating the Government’s intention to make a sole source award for the required services. The Government will review and consider any and all responses received from interested sources in consideration of future requirements.

7. DETERMINATION OF FAIR AND REASONABLE COST (FAR 6.303-2(a)(7)):

While this is proprietary in nature and difficult to determine price reasonableness, an IGE will be prepared and compared to the contractor’s cost proposal prior to award. The government will use historical based on quotes provided for the old style dragheads (existing). Afterwards, a determination will be made to ensure that prices will be fair and reasonable.

8. MARKET RESEARCH: Market research was conducted, but due to the proprietary nature of the services required, there is no other source available.

9. INTERESTED SOURCES: As stated in paragraph 6 above, the Government will review any and all responses received from interested sources in consideration of future requirements. However, it’s in the best interest of the Government to continue pursuit of Sole

Sourcing this requirement with IHC of America.

10. ANY OTHER FACTS SUPPORTING THE USE OF OTHER THAN FULL AND

OPEN COMPETITION: N/A.

11. ACTIONS IF ANY, THAT ARE BEING TAKEN TO REMOVE AND

OVERCOME ANY BARRIERS TO COMPETITION BEFORE ANY SUBSEQUENT

ACQUISITIONS FOR THE SUPPLIES OR SERVICES REQUIRED (FAR 6.303-2(a)(11):

Due to the proprietary nature of the services required, no actions are being taken to remove and overcome any barriers to competition before any subsequent acquisition.

12. TECHNICAL CERTIFICATION:

I hereby certify that the supporting data under my cognizance, which are included in the

J&A, are accurate and complete to the best of my knowledge and belief.

Name: Noelle Belhumeur

Title: Mechanical Engineer Signature:______________________

13. REQUIREMENTS CERTIFICATION:

I hereby certify that the supporting data under my cognizance, which are included in the

J&A, are accurate and complete to the best of my knowledge and belief.

Name: Michael J. Stack

Title: Chief, Marine Management Section Signature:______________________

14. FAIR AND REASONABLE COST DETERMINATION:

I hereby determine that the anticipated cost for this contract action is fair and reasonable due to historical data coupled with current rates for related work of this sort. Cost and Pricing data will not be needed.

Name:

Title: Contracting Officer Signature: ________________________

15. PROCURING CONTRACTING OFFICER CERTIFICATION:

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

Name:

Title: Contracting Officer Signature: ________________________