COMPAD Signed-JAwAttachments23R0098fl reviewed_Redacted.pdf

PDF 535 KB Posted Oct 12, 2023

Attached to: COUPLER, DRAWBAR
Solicitation number: SPE7LX-24-D-0002
Issued by: Defense Logistics Agency Land and Maritime

About this file

Written by GovTribe AI · Dec 21, 2023

This document is a justification for other than full and open competition solicitation for SPE7LX-23-R-0098 from the Defense Logistics Agency Land and Maritime. The solicitation is for couplers, drawbar (NSN 2540-01-359-4964) to be used on heavy tactical vehicles. The incumbent contractor is Oshkosh Defense LLC, with whom DLA has previously contracted for this item under SPE7LX-19-D-5046 set to expire in April 2024. Technical data for the item is controlled by the original equipment manufacturer and cannot be developed to permit full and open competition. Market research was conducted from June to July 2023 including a sources sought notice and survey of potential suppliers, with one response received. The planned solicitation will be synopsized prior to August 2023 and posted on the DIBBS system for a minimum of 30 days to seek any additional interested sources while retaining the justification for other than full and open competition.

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CUI

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

SOLICITATION - SPE7LX-23-R-0098

PROJECT # CL23045001

CUI

The use of the authority cited is based on:

[ x ] AMSC C. This part requires engineering source approval by the design control activity in order to maintain the quality of the part. Existing unique design capability, engineering skills, and manufacturing knowledge by the qualified source(s) require acquisition of the part from the approved source(s). The approved source(s) retain data rights, manufacturing knowledge, or technical data that are not economically available to the Government, and the data or knowledge is essential to maintaining the quality of the part. An alternate source must qualify in accordance with the design control activity’s procedures, as approved by the cognizant Government engineering activity. The qualification procedures must be approved by the Government engineering activity having jurisdiction over the part in the intended application. If one source is approved, AMCs 3, 4, or 5 are valid. If at least two sources are approved or if data is adequate for an alternate source to qualify in accordance with the design control activity’s procedures, AMCs 1 or 2 are valid.

6. Efforts to ensure that offers are solicited from as many sources as practicable are:

[ X ] The acquisition will be synopsized on or about July 17, 2023.

[ X ] Dealers of the manufacturers will be solicited.

[ X] Other. (Explain)

• A Sources Sought notice was posted on beta.SAM.gov June 15 to June 22, 2023.

• The acquisition will be synopsized prior to August 3, 2023. The acquisition will be synopsized for 15 days.

• The acquisition will be solicited on DIBBs for a minimum of 30 days.

7. I hereby determine that the anticipated cost to the Government will be fair and reasonable. Certified Cost or Pricing Data will not be required since commercial items are exempt from the requirement of CCPD. However, Other Than Cost or Pricing Data may be requested for purposes of determining the prices fair and reasonable. The method of determining these prices fair and reasonable include but not limited to offered unit prices will be compared to previous purchases as well as commercial prices and other than Certified Cost or Pricing Data may be requested. The contracting officer hereby determines that the anticipated cost to the Government will be fair and reasonable. If other than cost or pricing information is requested from an offeror, assistance from the DLA Land and Maritime Pricing office will be requested for analysis.

8. Market Research/Efforts to Obtain Competition:

Market research was conducted from June 12, 2023 through July 9, 2023. A Survey questionnaire and spreadsheet was sent to the OEM and past suppliers for this item, Oshkosh Defense LLC (75Q65). A Sources Sought notice was posted on beta.SAM.gov from June 15, 2023 until June 22, 2023 which included questionnaire and spreadsheet attachments. One response was received from VSE Corp. (31902).

SOLICITATION - SPE7LX-23-R-0098

CUI

PROJECT # CL23045001

The solicitation will be synopsized in beta.SAM.gov and posted on the DLA Internet Bid Board System (DIBBS) website for any interested offerors.

Market Survey [10 U.S. C 04( )( )(D)]:

A market survey was conducted on/during: June 12-July 9, 2023.

Total number of vendors contacted: 1- Oshkosh Defense LLC (75Q65)

Names of vendors contacted and responding: None. One response was received from VSE Corporation via the Sources Sought notice.

Techniques used to conduct survey: The contract specialist sent Market Survey questionnaire and spreadsheet attachments through email. A Sources Sought notice was posted on beta.SAM.gov and completed research of past procurements in Records Management.

Types of information requested: The Market Survey incorporated a request for contractors to answer questions regarding business size and type of business (manufacturer vs dealer), option years (pricing and desirability), ability to comply with submission of cost or pricing data if required, Electronic Data Interchange (EDI) capability, commerciality, identity of components/materials as pricing drivers, NSN quantity ranges, delivery questions, minimum delivery order quantity requirements and consideration for environment emission reductions/energy efficiency.

Summary of Information Received: VSE Corp (31902) responded on June 21, 2023. They stated that they are a large business distributor for SAF-Holland. They would be agreeable to a three year base period. The understand the requirements for submitting cost and pricing data.

They stated that they do not know whether this is a commercial product.

Information received regarding the commerciality of the item(s): NSN 2540-01-359- 4964 was determined to be a commercial of a type product under contract SPE7LX-19-D- 5046. Per DFARS PGI 212-102(a)(iii)(D), the prior commercial determination shall serve as a determination for subsequent procurements.

Based on historical purchases, it is determined by the Contracting Officer this item is commercial and will be solicited using Federal Acquisition Regulation (FAR) Part 12- Acquisition of Commercial Products guidelines.

This requirement will be solicited utilizing FAR Part 12 “Acquisition of Commercial Products” as a Firm-Fixed-Price with Annual Price Adjustments, Indefinite Quantity Contract with one, one-year base periods and four possible option years. This NSN is included in the First Destination Transportation (FDT) program, F.O.B. Origin and will be solicited as F.O.B. Origin.

The Inspection/Acceptance will occur at Destination. The vendors(s) are to be EDI or electronic mail capable.

SOLICITATION - SPE7LX-23-R-0098

PROJECT # CL23045001

CUI

9. Additional facts supporting other than full and open competition are:

[ X ] Based upon the technical certification on file in DLA Land and Maritime – VEP technical data is not available and cannot be developed to permit full and open competition. The data presently available reflects the minimum needs of the Government.

10. A listing of sources, if any, indicating an interest in the acquisition is: VSE Corp (31902).

11. The following actions are being taken to identify additional sources:

[ X ] Solicitation contains DLA Procurement Note, L04 Offers for Part Numbered Items [ X ] Solicitation contains DLA Procurement Note, M06 Evaluation of Offers for Part Numbered Items

The J&A for a non-competitive follow-on contract must include a copy of the previous justification (DFARS 206.304(a)(4)(S-70); PGI 206.303-2(b)(i)(B)). A copy of any previous J & As could not be found.

I hereby certify that the information contained in this justification is accurate and complete to the best of my knowledge and belief. If not exceeding $750,000, this signature serves as the approval.

Date

Contracting Officer

APPROVAL/CERTIFICATION

I have reviewed and approve this justification:

Competition Advocate Signature Date

APPROVAL REQUIREMENTS

[ x ] Up to $750,000 Contracting Officer

[ x ] $750,000 to $15,000,000 Competition Advocate

LAUGHERTY.PATRI

CK.J.1250703704

Digitally signed by

LAUGHERTY.PATRICK.J.1250703704

Date: 2023.08.01 09:12:57 -04'00'

DAPO.DOUGLAS.

A.1230220014

Digitally signed by

DAPO.DOUGLAS.A.1230220014

Date: 2023.08.01 13:57:12 -04'00'

SOLICITATION - SPE7LX-23-R-0098

PROJECT # CL23045001

Attachments:

1. NSN Data

2. Tech Cert

CUI SPE7LX-23-R-0098

NSN Details