Determination of Sole Source Pepsi RX022 (003).pdf

Controlled Unclassified Information (CUI) Determination for Other than Full and Open Competition under Revolutionary FAR Overhaul 12.102(a) and 41 U.S.C. 1901

CUI

Source Selection Information - See FAR 2.101 and 3.104

1. Defense Logistics Agency (DLA) Troop Support, Subsistence Supply Chain, is the contracting activity.

2. The action being approved is the ability to solicit for DLA requirements on an Other than Full and Open Competition basis.

3. DLA Troop Support intends to enter an indefinite delivery, indefinite quantity contract for

Pepsi Cans and Bottles for Department of War customers located in the state of Delaware- Dover AFB. Pricing terms will be tiered pricing. The period of performance will be two years in length, starting from contract award. The following are the supplies required to meet DLA’s needs:

Pepsi Cola Cans and Bottles:

Controlled by: DLA TROOP SUPPORT Controlled by: FTPB CUI Category: J&A Distribution/Dissemination Control: FED ONLY POC: Alicia Nichols-Harris, Alicia.Harris@dla.mil

DE Cans and Bottles 12 Month Estimate

(Tier 1) 2 Year Estimated (Total

Including both Tiers) Contract Maximum

DE Troops $44,075.45 $88,150.90 $350,000.00 mailto:Alicia.Harris@dla.mil

Determination for Other than Full and Open Competition under Revolutionary FAR Overhaul 12.102(a) and 41 U.S.C. 1901

4. This document serves as the contracting officer’s determination that the circumstances of the contract action deem only one source reasonably available, as authorized under 41 U.S.C.

1901 and implemented under the Revolutionary FAR Overhaul 12.102(a).

5. The use of this authority is necessary because the Pepsi Cans and Bottles are all sole sources, part-numbered (P/N) NSNs for which Pepsi Bottling Ventures (CAGE Code: 0SYB7) is the only known source. Since the value of the acquisition is at the simplified acquisition threshold (SAT), the determination is made by the Contracting Officer, and posting a pre-solicitation notice on SAM.gov is exempt as authorized under FAR Overhaul 5.101(b)(1)(i). The solicitation will be posted to the GPE (SAM.gov) in accordance with FAR Overhaul 5.201 and the public will be permitted to respond to it electronically.

As required by FAR 5.2 this acquisition was synopsized in Contract Opportunities (www.SAM.gov) on May 14, 2026. This justification will be made available for public inspection, redacted as necessary, with the solicitation, in accordance with RFO 12.102 and RFO 5.201(c)(3).

Market research has indicated that the only source for the proprietary commodity of Pepsi Bottling Ventures Cans and Bottles is the Pepsi Bottler and Distributor in this geographic location. A Request for Information (RFI) was published on www.SAM.gov on May 14, 2026, for a period of seven (7) days. The RFI contained a questionnaire for interested vendors to fill out and describe their agency’s ability to fulfill the Pepsi and Bottling requirements. Three (3) timely responses were received. ATZ Solution LLC and Oasis Nutrition Inc expressed interest. ATZ Solution LLC did not provide any information or documents relevant to the purpose of the RFI. ATZ primary NAICS Administrative Management and General Management Consulting and does not manufacture items for this acquisition, which is a requirement of the solicitation. Oasis Nutrition Inc was not receptive to the email attempt to reach them. Receiving products directly from the source allows for better traceability.

If there are any quality issues or concerns the Government can track the products directly back to the source. Additionally, DLA Troop Support, Subsistence Market Fresh Acquisitions’ contracting initiative is to solicit support as close to the commodity’s source as possible. This protects the Government from any additional distribution costs or upcharges associated with acquiring product from a redistributor or 3rd party logistic company that would source the commodity in need and resell to the Government. This also reduces the risk of fraud by reducing middlemen in the supply chain.

Pepsi Bottling Ventures, the incumbent, expressed interest and indicated they could completely manufacture, bottle, and distribute all the required schedule of items for this acquisition. The requirement for Pepsi Cans and Bottles currently cannot be met by any other firm other than Pepsi. A fully competitive item description for these unique subsistence-based products is not available.

6. These items are only available from Pepsi Bottling Ventures and are the only items that can meet the minimum needs and requirements of the Government. To fulfill important feeding missions, the Air Force requires the following Government requirements:

• Pepsi provides cans and bottles to support the Department of War troop customers in the Delaware, Dover AFB Zone on a skip day delivery schedule.

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION UNDER

AUTHORITY OF 10 U.S.C. 3204(a)(1)

The Government does not possess complete, unrestricted technical data necessary to solicit for these items using full and open competition procedures. Pepsi Bottling Ventures, who is the only responsible manufacturer and bottler of Pepsi products in the region, has retained proprietary rights to all licenses, data rights, and technical drawings and specifications for all Line Items listed above that are required to support all customers on this acquisition’s delivery schedule.

The subsistence-based items are currently in high demand for units stationed in the Delaware, Dover AFB zone. These subsistence-based items, which require food service supplies, are deemed to be available only from Pepsi Bottlers and distributors.

Pepsi Bottling Ventures has existed as one of the United States’ largest domestic companies since the late nineteenth century. Now globally recognized, the Pepsi brand cans and bottles are required to maintain high troop morale. Customers within the geographic area of this acquisition have requested the above specific line items provided. High troop morale is necessary because it directly influences the warfighter’s motivation, mental resilience, and overall performance in combat or other non-combative challenging situations. It fosters a sense of unity, purpose, and confidence among troops, making them more likely to push through hardships and work together effectively as a team. Low morale can lead to disengagement, fear and loss of resilience which can severely compromise military operations.

7. As the contracting officer, I hereby determine that the anticipated cost to the Government will be fair and reasonable based on submission.

8. A fully competitive item description for this unique proprietary schedule of subsistence-based items has not been developed and is not available. The Pepsi cans and bottles cannot be sourced from any other entity other than Pepsi Bottlers and Distributors.

9. As the Contracting Officer, I hereby certify that this justification is accurate and complete to the best of my knowledge and belief.

DATE ALICIA NICHOLS-HARRIS

Contracting Officer Northeast & Middle Atlantic Region DLA Troop Support Subsistence

DATE ALICIA NICHOLS-HARRIS