J-A SPE7LX22RX001 Redacted.pdf

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

SOLICITATION SPE7LX22RX001

DLA Land and Maritime J&A Other Than Full and Open Competition 2 could potentially compromise the normal operation or function, could jeopardize the safety of the operators, and could also damage items being loaded and unloaded.

The Product Specialist certified that the technical information, including the approved sources and AMC/AMSC codes, is complete and accurate on 7/8/2021. The PS also certified that the Government does not physically have in its possession accurate or legible data with which to purchase these parts, and that all means to obtain a technical data package adequate for manufacture of the item have been exhausted.

The procurement item description (PID) is included as Attachment 1.

The use of the authority cited is based on:

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

AMSC Z. This part is a commercial/non-developmental/off-the-shelf item. Commercial item descriptions, commercial vendor catalog or price lists or commercial manuals assigned a technical manual number apply. If one source is available, AMCs 3, 4, or 5 are valid. If at least two sources are available, AMCs 1 or 2 are valid (When one or a limited number of sources are available, then a J&A is required. When an item is coded with AMSC “Z” and is listed on an interchange catalog or appears on a commercial cross reference list, this constitutes full and open competition, and a J&A is not necessary). – NSN 3040013562707 is not listed on an interchange catalog and does not appear on a commercial cross reference list.

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

The acquisition will be synopsized on or about 10/1/2021 for about 31 days (through the closing date of the solicitation). On its Issue Date, on or about 10/2/2021, the solicitation will be posted to DIBBS for 30 days for other interested businesses to access.

A sources sought notice was posted on 9/9/2021, looking for other sources who may want to submit alternate offers.

7. I hereby determine that the anticipated cost to the Government will be fair and reasonable.

Cost or pricing data will not be required, since these items will be solicited using commercial procedures, which satisfies the exception for cost or pricing data listed at FAR 15.403-1 (b) (3).

However, other-than cost data will be requested if needed. Per FAR 15.404-1(a)(2), a price analysis will be conducted. The price analysis will be performed using pricing on past procurements, which were determined fair and reasonable. That past pricing will be adjusted by Producer Price indexes (PPIs) and learning curve analysis, as necessary, for comparison with proposed prices for this procurement. Negotiations will be held if needed. Other techniques or documentation may be utilized.

By using the above techniques, the Contracting Officer anticipates that the cost to the Government will be fair and reasonable.

DLA Land and Maritime J&A Other Than Full and Open Competition 3

8. Market Research/Efforts to Obtain Competition:

Sources sought notice was posted on 9/9/2021, looking for other sources who may want to submit alternate offers. The notice closed on 9/16/2021. A response was received from Della Systems (1RJA5). They are mainly interested in manufacturing the other NSN (5998016437017 Electronic Components Assembly) that was split from this project, but they said to add them to the solicitation list for this NSN.

Market Surveys were sent by email to the following potential sources: Ruta Supplies (0NJT4), small dealer; Oshkosh (75Q65), large approved source; Jarp Industries (63899), small approved source. Transquip Inc (40290), another approved source, was not listed in SAM. Companies must be registered in SAM to do business with the Government, so Transquip was not sent a market survey. None of the companies that were sent market surveys replied.

The Contracting Officer performed follow-up market research with Oshkosh, and they said to use their small distributor (Ruta) and provided price break quantities and lead-times. Oshkosh also stated that the item is commercial “of a type.”

A market survey had originally been sent to Ruta, and that was forwarded to Ruta again, but no response was received. However, enough information was received from Oshkosh to prepare the solicitation.

The DLA Product Specialist contacted Oshkosh and Jarp Industries to try to get more information about the item being procured. Oshkosh provided the following information, but Jarp did not reply. Oshkosh said that the item is a Hydraulic Cylinder that was designed specifically for use in the 1891240U – Load Handling System, on the Palletized Load System (PLS) truck. The item provides part of the main lifting function of the 1891240U – Load Handling System, which is used to load/unload heavy cargo onto and off of the PLS and its trailers.

The Contracting Officer did some additional market research on the internet. Attachment 2 shows general information about the Palletized Loading System (PLS). The PLS is composed of a prime mover truck with integral self-loading and unloading transport capability, a 16.5-ton payload trailer, and demountable cargo beds (flatracks). The vehicle can also be equipped with materiel handling equipment and/or a winch. Some detailed articles and photos are included in Attachment 2. Some websites are shown that sell commercial hydraulic cylinders, but none of them are as large and as heavy-duty as the item being procured. NSN 3040013562707 weighs 360 pounds and can lift and maneuver very heavy items.

Commercial Determination:

Based on the information above, the Contracting Officer determines the items being procured to be commercial “of a type” customarily used by the general public, as defined in the FAR:

DLA Land and Maritime J&A Other Than Full and Open Competition 4

FAR 2.101

“Commercial item” means

(1) Any item, other than real property, that is of a type customarily used by the general public or by non-governmental entities for purposes other than governmental purposes, and-

(i) Has been sold, leased, or licensed to the general public; or

(ii) Has been offered for sale, lease, or license to the general public.

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

The Product Specialist certified (Attachment 3) that all means to obtain a technical data package adequate for manufacture of the item have been exhausted.

10. A listing of business sources, indicating an interest in the acquisition is:

Ruta Supplies (0NJT4), small dealer

Della Systems (1RJA5) – small manufacturer (however, this item is not the type of item they normally manufacture)

11. Actions being taken to overcome barriers to competition:

DLAD Procurement Notes L04, Offers for Part Numbered Items, will be included in the solicitation. Provision M06, Evaluation of Offers for Part Numbered Items, will also be included.

12. Attachment 4A is a copy of the J&A from a prior LTC. Note: the prior LTC SPM7LX12D9006 was originally awarded as SPM7LX09D9008 in December 2008. However, modification P000041 was issued to change the PIIN to SPM7LX12D9006 on 4/5/2012 because the system ran out of delivery order numbers (refer to Attachment 4B for documentation). The correct past solicitation number for SPM7LX12D9006 is SPM7LX07R0093.

Attachments:

1 PID-PKG RX001

2 Buyer Market Research 3040013562707 3 Tech Cert 3040013562707 4A Prior J-A SPM7LX12D9006 4B SPM7LX12D9006 PIIN History

DLA Land and Maritime J&A Other Than Full and Open Competition 5

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.

614-692-9252

REBECCA S. HALTEMAN Date Phone Contracting Officer

Approval/Certification

I have reviewed and approve this justification. The estimated total value of the J&A is

614-692-3760 MARY E. SHEARER Date Phone Competition Advocate

APPROVAL REQUIREMENTS

( ) Up to $750,000 Contracting Officer

(X) $750,000 to $15,000,000 Competition Advocate

( ) $15,000,00 –$100,000,000 Head of the Contracting Activity (HCA)

( ) over $100,000,000 Senior Procurement Executive (AQ)

HALTEMAN.REBE

CCA.S.1273657475

Digitally signed by

HALTEMAN.REBECCA.S.127365

Date: 2021.10.01 11 24:03 -04'00'

SHEARER.MAR

Y.E.1250702449

Digitally signed by

SHEARER.MARY.E.1250702449

Date: 2021.10.04 13 31:36 -04'00'