SPE7LX19RX150-reviewed - Redacted.pdf

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

SOLICITATION SPE7LX-19-R-X150

DLA Land & Maritime Justification for Other Than Full & Open Competition (May 2018)

[ X ] ORIGINAL

[ ] ADDENDUM (attach copy of original J&A for add-ons or revisions)

1. The Defense Logistics Agency, DLA Land and Maritime, is the contracting activity.

2. The action being approved is the acquisition of supplies on other than a full and open competition basis. This solicitation is for an Indefinite Quantity, Fixed Price contract with annual percentage price increase for one five-year contract term. The award will be made on an ALL OR NONE per NSN basis for one NSN for supplies covered under this contract. This procurement will be solicited unrestricted. This will be a 5-base year Long Term Contract (LTC).

3. The supplies required to meet the using activity’s needs are described as follows:

BRIEF DESCRIPTION NSN/P/N ANNUAL DEMAND

QUANTITY

ANNUAL VALUE AMC/AMSC

Door Vehicular 2510-01-294-1477 57 1/R

Identify end item, weapon system, or class of item:

Item is used in military and commercial forklift trucks, such as Truck, Forklift 1000M, Truck, Forklift, DED 6000 LB variable.

The SAPD Product Specialist reviewed the Data Pull on 05/02/2019. The Product Specialist confirmed this item has restricted competition. The data or the rights to use the data needed to purchase this part from additional sources are not owned by the government and it has been determined that it is uneconomical to purchase them. All means to obtain a technical data package adequate for manufacture of this item have been exhausted.

This NSN is a critical application items with the Weapon System Indicator Codes (WSIC) ‘S’ and the Weapon System Essentiality Code (WSEC) ‘1’. The Integrated Data Sheet (IDS) reviewed on 08/16/18 provided the weapon system codes. The meaning for these codes are as follows:

WSEC ‘1’ Failure to this part will render the end item inoperable.

WSIC ‘S’ Level B, failure will not render inoperable.

ESTIMATED 5-YEAR BASE VALUE:

MAXIMUM CONTRACT VALUE: $_

4. The statutory authority permitting other than full and open competition is:

[ X ] 10 U.S.C. 2304(c)(1) - Available from only one or a limited number of sources.

5. If restricted to the only source(s) of supply, include source(s) and CAGE code:

NSN ITEM SUPPLIER CAGE PART NUMBER

2510-01-294-1477 Door Vehicular PALM INDUSTRIES, INC. 8D136 B59068 2510-01-294-1477 Door Vehicular BADGER TRUCK CENTER, INC. 06YZ5 8866254BTC 2510-01-294-1477 Door Vehicular JLG INDUSTRIES, INC DBA 1YHH8 8866254

6. The use of the authority cited below:

[ X ] AMC 1. Suitable for competitive acquisition for the second or subsequent time.

The use of the authority cited is based on:

[ X ] AMSC R. The Government does not own the data or the rights to the data needed to purchase this part from additional sources. It has been determined to be uneconomical to buy the data or rights to the data. It is uneconomical to reverse engineer the part. This code is used when the Government did not initially purchase the data and/or rights. If only one source has the rights or data to manufacture this item, AMCs 3, 4, or 5 are valid. If two or more sources have the rights or data to manufacture this item, AMCs 1 or 2 are valid.

Palm Industries, Inc, (8D136), Badger Truck Center, Inc. (06YZ5), and JLG Industries, Inc, (1YHH8) are the only sources currently approved by the design control activity to supply this item because these suppliers are the only sources known to possess the technical data needed to manufacture this item to the required quality standards. The acquisition will be solicited with other than full and open competition under the authority of 10 U.S.C. 2304(c)(1), as implemented by FAR 6.302.

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

a. The acquisition will be synopsized on or about 06-10-2019 for a period of 15 days.

b. All three manufacturers listed above will be solicited.

c. At the conclusion of the synopsized period, the solicitation will be posted to the DLA Internet Bid Board System (DIBBS) for a period of 15 days.

8. I hereby determine that the anticipated cost to the Government will be fair and reasonable. The contracting officer has determined that this item is commercial. In accordance with FAR 15.403- 1(b)(3), the applicable cost and pricing clauses are not incorporated into this solicitation. A price analysis will be conducted using commercial market pricing, historical government pricing, the Producer Price Index (PPI) and learning curve analysis. Other than cost or pricing data will be requested if needed.

9. Market Research/Efforts to Obtain Competition: The results of the market surveys are detailed below. A Sources Sought notice was posted on the FedBizOpps website on 04/30/2019 with a response date 05/06/2019. No one responded to the Sources Sought notification.

Market Survey [10 U.S.C. 2304(f)(3)(D)]:

A market survey was conducted during 10/31/2017 to 05/06/2019.

Types of information requested:

Is there a Published Catalogs/Price Listed?

Is the company willing to do a Long Term Contract?

Can the company hold their prices for the Base Period?

Does the company prefer Economic Price Adjustment (EPA based on the Producer Price Index

(PPI)?

What are the components/raw materials primary drivers in pricing the items?

What is the industry standard contract term for long-term agreements/contracts for these items and/or the raw material?

If required, is the contractor capable of preparing certified Cost and Pricing Data?

Does the company require a Minimum Dollar Amount? and Will a higher Guaranteed Minimum percentage affect the contractor’s pricing?

Market Research Results:

Techniques used to conduct the market survey: Initially Market Research surveys emailed to five sources: JLG Industries, Inc. (1YHH8), Supplycore Inc. (4V314), Badger Truck Center, Inc. (06YZ5), Science Application International Corp. (79343) and email address 7C779) a Cage Code that does not show up in SAM and Haystack. On 04/09/2018 – Follow-up marketing emails sent to Cages (7C779) and (79343).

with Supplycore Inc. (4V314) completed the questionnaire that the supplier will provide the Badger Truck Center part number 8866254BCT. Supplycore is a small business distributor.

Supplycore is a supply chain integrator that works with both qualified dealers/distributors and OEMs.

This supplier has Electronic Data Interchange (EDI) capability and is a small business concern.

Supplycore is willing to do ). A longer base period has several benefits:

with JLG Industries (1YHH8) completed the market questionnaire. JLG is a large business concern manufacturer for the government. This supplier has a parent company, Oshkosh Corporation, and 3,000 plus employees. JLG is not a dealer and no dealers have are exclusive for JLG’s products.

y. JLG is willing to do a

This item is commercial and on a published catalog price list.

. JLG Industries provided a copy of its Commercial Price List for this item.

sent a photo of the door and confirmed this item is commercial.

with Badger Truck Center (06YZ5) responded on January 29, 2018 by email. said, her company does not fill out market surveys. It is time consuming for the company to prepare both the market survey and solicitation too. Badger is interested in participating in a Long Term Contract

(LTC).

On 06/17/2019 Supplycore sent an email that they will are no longer supporting this item now.

, representative with Badger Truck, sent an email on 06/24/2019 stating her company intends to respond to the solicitation.

10. 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.

11. A listing of sources, if any, indicating an interest in the acquisition are:

JLG Industries, Inc. dba (1YHH3) Badger Truck Center, Inc. (06YZ5) Supplycore Inc. (4V314)

12. To overcome barriers to competition before any subsequent acquisitions or recertification of class determination are made, this item is subject to the following methods of locating 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

13. Previous procurement for this item is SPE7LX-18-D-0002. Buyer was not able to locate copy of the J&A.

CONTRACTING OFFICER CERTIFICATION

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 $700,000, this signature serves as the approval.

D’Juane L. Cole, Date

Contracting Officer

APPROVAL/CERTIFICATION

I have reviewed and approve this justification:

Competition Advocate Signature Date

APPROVAL REQUIREMENTS

[X] $700,000 to $13,500,000 Competition Advocate

Attachments: 1. NSN Data Pull

HOPSON.LILLI.A.12301

27324

Digitally signed by

HOPSON.LILLI.A.1230127324

Date: 2019.09.30 09:26:53 -04'00'

7/3/19

COLE.D'JUANA

.L.1230260067

Digitally signed by

COLE.D'JUANA.L.1230260067

Date: 2019.07.03 10:24:35 -04'00'