PFO - PC DATE: 27 NOVEMBER 2012 MEMORANDUM FOR: P&C Office / Supervisory Contracting Officer FROM: CSMS-EAST NGPA SMS AAA BLDG. 10-102, FTIG ANNVILLE, PA 17003 SUBJECT: Sole Brand / Sole Source Justification 1. In accordance with Federal Acquisition Regulation (FAR) 6.303-1 which states: A contracting officer shall not commence negotiations for a sole source contract, commence negotiations for a contract resulting from an unsolicited proposal, or award any other contract without providing for full and open competition unless the contracting officer- (1) Justifies, if required in 6.302, the use of such actions in writing; (2) Certifies the accuracy and completeness of the justification; and (3) Obtains the approval required by 6.304, which states: The justification for other than full and open competition shall be approved in writing for a proposed contract not exceeding $550,000; the contracting officer's certification required by 6.303- 2(a) (12) will serve as approval unless a higher approving level is established in agency procedures. 2. The following applicable information shall be provided to this office on all SOLE BRAND / SOLE SOURCE JUSTIFICATIONS. (a) Each justification submitted shall contain sufficient facts and rationale to justify the use of the specific authority cited. Please circle one: Sole Brand - Must be a specific manufacturer's item(s), although more than one vendor can supply the item(s). Sole Source - Only one vendor is capable of delivering the specific supply and / or service. 3. This is to request that the Contracting Office initialized the Sole Brand / Sole Source acquisition under Federal Acquisition Regulation (FAR) 6.3 for the following items: ITEM / SERVICE DESCRIPTION (Include part #'s, etc...) MANUFACTURER / SERVICE PROVIDER (if applicable) ORIGINAL EQUIPMENT MANUFACTURER REPAIR PARTS (AUTHORIZED CATERPILLAR DEALER & DISTRIBUTOR) CLEVELAND BROTHERS 336 FAIRVILLE AVENUE MANADA HILL, PA 17802 FLUID ANALYSIS 717-526-2079 OEM SERVICES, PUBLICATIONS, TRAINING, PRODUCT UPDATES, REMANUFACTURED PARTS CAGE: 11083 NOTE: Attach product / service description documentation. JUSTIFICATIONS FOR SOLE BRAND / SOLE SOURCE PROCUREMENT ** IMPORTANT** Please provide supporting evidence such as: Regulations, CTA's, Policy letters, etc... that most clearly states the need for the Sole Brand / Sole Source. FAR justifications: 6.302-1: Only one responsible source and no other supplies or services will satisfy agency requirements 6.302-2: Unusual and compelling urgency The two mostly commonly applicable 6.302-3: Industrial mobilization; engineering, development, or research capability; or expert services 6.302-4: International agreement 6.302-5: Authorized or required by statute 6.302-6: National security 6.302-7: Public interests Cite FAR justification number from above: 6.302-1 Provide justification/supporting evidence in box below (Attach additional sheet if necessary): SEE ATTACHED DOCUMENTATION. Requesting Activity Technical Representative Name/Title: Signature ________________________________________ Date: Program Manager Name/Title: Signature ________________________________________ Date Forward to Contracting Office: USPFO for PA, DMVA, BLDG 0-48. ATTN: P&C Office, Room 242, FTIG/Annville, PA 17003-5003 or Email to:
[email protected] Contracting Officer Determination: ___ APPROVED ___DISAPPROVED This certifies the at the Sole Brand / Sole Source justification is accurate and complete to the best of the Contracting Officer's knowledge and belief. Name/Title: Signature ________________________________________ Date: KO Comments: VENDOR REQUIREMENTS FOR GENUINE CATERPILLAR REPAIR PARTS, MEAINTENCANCE, AND SERVICES 1. Must provide genuine original equipment manufacturer (OEM) repair parts for the following Caterpillar engine models: 3116, 3126, C7, & C12; no after-market or substitutions are permitted; this is accordance with NMWR 9-2815-272, Work Package 0001 quote mark Parts and material used for replacement, repair, and modifications shall meet the requirements of the equipment drawings and specifications if standards are not provided in this NMWR. Only an approved source of supplies will be utilized. quote mark . Work Package 0005 includes a Mandatory Repair Parts List where parts are to be acquired from CAGE Code 11083 which is Caterpillar Incorporated, Work Package 0041 quote mark all tools and part numbers used in this work package are Caterpillar OEM numbers...replacements must be purchased from Caterpillar quote mark : and the NMP Item Manager has provided the guidance that quote mark only genuine Caterpillar parts are authorized. quote mark (see attached e-mail and approved local purchase waivers): previous Item Manager authorized local purchase of quote mark FMTV engine parts from CAT quote mark (see attached e-mail) 2. Must meet or exceed the standard Caterpillar parts warranty of direct replacement for a period of 12 months from date of purchase (OEM requirement, see attached Caterpillar Warranty) 3. Must provide parts updates when new or updated repair parts are available or when part numbers change (continuous improvement clause of the American National Standard ANSI/ISO/ASQ Q9001-2008, Section 8.5.1 quote mark The organization shall continually improve the effectiveness of the quality management system through the use of the quality policy, quality objectives, audit results, analysis of data, corrective and preventive actions, and managements review. quote mark , Section 1.1 quote mark an organization aims to enhance customer satisfaction through the effective application of the system, including processes for continual improvement of the system and the assurance of conformity to customer and applicable statutory and regulatory requirements. quote mark 4. Must have the capability of providing remanufactured repair parts that have been overhauled to like-new standards outlined by Caterpillar; these remanufactured parts must have warranty periods of 12 months (OEM requirements, see attached Caterpillar Warranty); reference attached remanufactured repair parts deviation waiver 5. Must have the ability to provide technical training and guidance on all aspects of the repair, overhaul, servicing, adjusting, and testing of Caterpillar engine models 3116, 3126, C7, and C12 to include all subcomponents and assemblies; training clause of the American National Standard ANSI/ISO/ASQ Q9001-2008, Section 6.2.2 quote mark The organization shall where applicable, provide training or take other actions to achieve the necessary competence. quote mark 6. Must be able to overhaul Caterpillar engine cylinder heads to the standards given in genuine Caterpillar service manuals and all government provided technical manuals; NMWR 9-2815-272, Work Package 0007; reference the following Caterpillar service publications: SENR9524 (11-1999), SENR9523 (11-1999), SEBF8218-05 (07-2007), SENR9522-01 (03-2006), SENR5117-06 (12-2007), and SENR5120-08 (07-2008) 7. Must be capable of programming electronic control modules to Caterpillar specifications; CSMS-EAST unique requirements in accordance with attached approved deviation waiver; CSMS-East Quality Manual Section 4-2 General requirements for outsourcing 8. Must be able to provide Caterpillar publications to include service and repair manuals, troubleshooting guides, service bulletins, update bulletins, and repair manuals; Caterpillar publications are proprietary and can only be purchased through an authorized Caterpillar dealer; these publications are unavailable through any other source 9. Must have fluid analysis laboratory capable of meeting a variety of OEM specification that can provide results within 2 business days; CSMS-East personnel must be able to deliver the fluid samples daily therefore the laboratory must be within a reasonable driving distance of 25 miles of less; results must be in electronic PDF format and be delivered by e-mail to a designated list of CSMS-East recipients; CSMS-East determined unique requirement IAW the Quality Manual Section 4-2 General requirements for outsourcing; also IAW the NMP Business Process Manual paragraph 5-18 and NMWR 9-2815-272 Work Package 0039 quote mark Prior to removal of engine from test stand, whether accepted or rejected, an oil sample will be taken as specified in AR 750-22. quote mark ; also reference Army Regulation 750-22 10. Repair parts and services must be provided within 15 calendar day of request unless a later delivery date is agreed to by the government on a case-by-case basis; CSMS-East unique determined requirement within the scope of the American National Standard ANSI/ISO/ASQ Q9001-2008 11. Must be willing to be audited and/or inspected by the CSMS-East personnel to ensure compliance with all requirements; notice of at least 7 days will be provided before any visit; CSMS-East Quality Manual Section 4-2 Outsourcing Requirements; the American National Standard ANSI/ISO/ASQ Q9001-2008 Section 4.1