Determination of Sole Source X006_Redacted.pdf

CUI

DETERMINATION FOR OTHER THAN FULL AND OPEN COMPETITION UNDER

AUTHORITY OF FAR 12.102(a)

Controlled by: DLA Troop Support Controlled by: Subsistence-FTPA CUI Category: J&A Distribution/Dissemination Control: FED ONLY

CUI

Source Selection Information – 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 (IDIQ) contract for Pepsi Cans and Bottles for Department of Defense customers located in the State of Alabama (Maxwell AFB). Pricing terms will be tiered pricing. The period of performance will be five years in length, starting from contract award. The following are the supplies required to meet DLA’s needs:

Pepsi Cans and Bottles:

4. This document serves as the contracting officer’s determination that the circumstances of the contract action deem only one source reasonably available, as required by FAR Part 12.102-1. This determination is based on Revolutionary FAR Overhaul (RFO) 12.102, Restricting Competition, and the applicable procedures are in RFO 12.201-1 Simplified Procedures, as implemented by the Department of War Class Deviation to FAR Part 12.

Source Selection Information – FAR 2.101 and 3.104

5. The use of this authority is necessary because the Pepsi Cans and Bottles are all sole source, part-numbered (P/N) NSNs for which is the only known source.

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

Pepsi provides cans and bottles to support the Department of Defense troop customers in the Alabama Zone (Maxwell AFB) on a skip day delivery schedule.

The Government does not possess complete, unrestricted technical data necessary to solicit for these items using full and open competition procedures.

, who is the only manufacturer and bottler of Pepsi products, 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 Alabama Region, specifically Maxwell AFB. These subsistence-based items, which require food service supplies, are deemed to be available only from Pepsi Bottlers and distributors.

The Pepsi Company 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.

6. A pre-solicitation was not posted in Contract Opportunities (www.SAM.gov).

A memorandum for record has been placed in the contract file. IAW the exemption at FAR 5.101(b)(1)(i) the Contracting Officer is not required to post a presolicitation notice to the GPE when the proposed contract action is valued at or below the simplified acquisition threshold (SAT) and the solicitation will be posted to the GPE in accordance with FAR 5.201; and permit the public to respond to the solicitation electronically.

7. As the contracting officer, I hereby determine that the anticipated cost to the Government will be fair and reasonable based on submission and analysis of acceptable documentation of other than certified cost or pricing data.

8. Market research has indicated that the only source for the proprietary commodity of Pepsi 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 December 30, 2025, for a period of sixteen (16) 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.

but indicated that they could not completely manufacture, bottle, and distribute all required schedule of items for this acquisition, which is a requirement of the solicitation. the incumbent, also expressed interest and indicated that they can completely manufacture, bottle, and distribute all required schedule of items for this acquisition.

Further research has indicated that receiving product 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 third-party logistics 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.

9. There are no other facts supporting the use of the authority for other than full and open competition.

10. , 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.

11. 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.

I hereby certify that the requirements which form the basis of this justification are accurate, that these supplies meet the Government’s needs in accordance with applicable specifications and that this determination is accurate and complete to the best of my knowledge and belief.

DATE

-05'00'2/25/26