J-A6.302-1SPE7LX21R0119 - Redacted.pdf

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

SOLICITATION: SPE7LX-21-R-0119

DLA Land & Maritime Justification for Other Than Full & Open Competition

(October 2020)

ORIGINAL J&A

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. The resulting contract will be Firm Fixed-Price with Annual Price Adjustments, Indefinite Quantity Contract under FAR Part 15 for a 3-year base period with the option to extend the contract for two additional years in one-year increments.

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

CLIN NSN Brief Description AMC/AMSC ADQ Estimated ADV

0001 2940014718151 FILTER ELEMENT, INTAKE 1/R 944

0002 2990015192782 PIPE, EXHAUST 1/R 51

Total Estimated ADV

End Item description and Weapon System:

CLIN NSN WSDC End Item

0001 2940014718151 50M TRUCK, WRECKER, ARMOR

0002 2990015192782 50M TRUCK, WRECKER, ARMOR

The estimated base value is , with an estimated total value (Base + Option) of , and a maximum contract value of

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

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

The items needed for this acquisition are available from only one or a limited number of responsible sources and no other type of items will satisfy the Agency needs.

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

CLIN NSN Company CAGE Part Number

0001 5935014375903 OSHKOSH DEFENSE, LLC 75Q65 4HA579

5935014375903 CUMMINS FILTRATION INC. 76700 871265A

0002 6140015594492 OSHKOSH DEFENSE, LLC 75Q65 3195059

6140015594492 CUMMINS FILTRATION INC. 76700 Q616396

The manufacturer listed at table above are the current source, approved by the design control activity to supply these items. Accordingly, per DFARS 209.270, DLA is required to procure only from sources approved by the design control activity.

The Quality Assurance Specialist certified on 5/4/2021 that the AMC/AMCS code for these NSNs are correct and Oshkosh Defense (75Q65) and Cummins Filtration (76700) are the only sources approved by the design control activity. Per the Quality Assurance Specialist these items will be used to replace the intake filter element and the exhaust pipe for the armor wrecker truck used by the U.S. Military and other weapon system platforms. These items are the only replacement parts that will function properly in the end item in accordance with the military requirements.

Procurement history indicates that Oshkosh Defense (75Q65) and dealers have being providing these items.

The Government does not own the data or the rights to the data needed to purchase this part from additional sources. Oshkosh Defense (75Q65) and Cummins Filtration (76700) are the only sources known to possess the complete technical data for these items. As such Oshkosh Defense (75Q65) and Cummins Filtration (76700) are the only source approved by the design control activity as they retain the data, rights, manufacturing knowledge, or technical data that is not economically available to the Government, and the data or knowledge is essential to maintaining the quality of the part.

The identified sources are the only ones that own the data or are the only ones capable of manufacturing the item to meet critical operational and reliability requirements.

The use of the authority cited below:

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

The use of the authority cited is based on:

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.

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

a. The acquisition will be synopsized on or about August 6, 2021 and will run for 15 days. At the completion of the synopsis period, the RFP will be solicited on the internet for 30 days, via the DLA Internet Bid Board System (DIBBS).

b. Alternate offeror’s will be evaluated and forwarded for approval to the Engineering Support Activity

(ESA).

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

Past procurement, history will be reviewed, and a price analysis will be performed using the producer price indexes from the Bureau of Labor Statistics. The basis for determining the reasonableness of this procurement will be price analysis; analysis of the prices in the commercial marketplace plus other than cost or pricing data will be request if needed.

Based upon the above techniques, the Contracting Officer hereby determines that the anticipated cost to the Government will be fair and reasonable.

8. Market Research/Efforts to Obtain Competition:

a. The product specialist reviewed these NSNs for the project during project creation, and no new sources were found. A Sources Sought notice was posted June 24, 2021, in Beta.SAM.GOV for 10 calendar days to find potential sources for these NSNs and no response were received from companies interested to be manufacturers for these items.

b. For items with an AMCS of R, the solicitation will contain Procurement Note L04 - Offers for Part Numbered Items, which increases competition by permitting the considerations of alternate offers.

Market Survey [10 U.S.C. 2304(f)(3)(D)]: A market survey was conducted on/during: 4/29/2021 – 6/30/2021.

Total number of vendors contacted: 6

Names of vendors contacted:

1. Ruta Supplies (0NJT4)

2. Oshkosh Defense LLC (75Q65)

3. Cummins Filtration (76700)

4. CU Enterprises (0W778)

5. Pride Electronics (7N929)

6. Equipment Part Sales (1N0P1)

Total number and names of vendors that responded to market survey: 1

1. Ruta Supplies (0NJT4): Interested

Techniques used to conduct survey: emails, Beta.Sam.Gov, Market survey questionnaire and attachment and follow-up phone calls.

Types of information requested: # of base years, # of option years, priced option years versus EPA, FOB origin or destination, quantity breaks, commerciality, commercial sales invoices, Understanding of cost/price data.

Summary of information received: The Acquisition Specialist attempted to conduct market research with the companies listed above to assess their interest and capability to perform and only one company indicated an interest which were: Ruta Supplies (0NJT4).

Company Name

CAGE

CODE

Business Size

KTR

Interested in an LTC

Base Years w/ Annual Price Adjustments

KTR PREFERS

A FIRM FIXED

PRICE

CONTRACT

KTR WILL

PROVIDE COST &

PRICING DATA IF

REQUIRED

Phased Delivery

Commercial Items

Ruta Supplies 0NJT4 Small Business Yes No Oshkosh Defense LLC 75Q65 Large Business No Response - - - - -

Cummins Filtration 76700 Large Business No Response - - - - - CU Enterprises 0W778 Small Business No Response - - - - -

Pride Electronics 7N929 Small Business No Response - - - - - Equipment Part Sales 1N0P1 Small Business No Response - - - - -

Commercial Determination: Per FAR 2.101 (b) these NSNs has been determined to be non- commercial. The following factors that have led to these conclusions are:

A search of the Internet was done and there is no evidence that they have been sold to other than the military.

Items are not commercially price listed.

Ruta Supplies indicated that these NSNs are not commercial.

There are no known commercial applications.

NSNs are not coded with an AMSC code of “Z”.

The Agency’s need for the acquisition of these items is to sustain numerous critical weapon system platforms and their supporting equipment. As such, these items have strict configuration and standardization requirements for which a Non-Commercial acquisition is more appropriate.

The Acquisition Specialist checked the GSA Schedule for these NSNs, and no information was found.

Therefore, it is the determination of the contracting officer that these items are not commercial and FAR Part 15 will be applied to the solicitation.

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

a. 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.

b. A technical review was completed by Douglas Sanders / Quality Assurance Specialist for FLBB-LTC.

The subject NSNs have been identified as sole/limited source items. No other sources or adequate technical data could be identified or located for competitive procurement. If new sources are approved prior to award, the solicitation will be reissued allowing for the new source(s) a chance to compete for this acquisition.

10. A listing of sources, if any, indicating an interest in the acquisition is: Ruta Supplies (0NJT4) the only company that responded to the market survey and expressed an interest in the acquisition. As such, this company will be in the solicitation mailing list.

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

a. The solicitation will contain procurement note L04– Offers for Part Numbered Items SEP 2016 and M06 - Evaluation of Offers for Part Numbered Items (SEP 2016).

b. Planned actions to overcome any barriers to competitions are periodic market research and sources sought.

12. The Contracting Officer searched for the previous award listed in the contract history at Record

Management for previous Justifications as required by the Defense Federal Acquisition Regulation Supplement (DFARS) and Procedures, Guidance, and Information (PGI) 206.304, and was not able to locate Justifications as CLIN 0001 have being purchases under an Auto IDPO PIIN# SPE7L221D60CL and CLIN 0002 under the Simplified Acquisition Procedures.

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.

Contracting Officer/Date

APPROVAL/CERTIFICATION

I have reviewed and approve this justification:

Competition Advocate Signature/Date

APPROVAL REQUIREMENTS

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

CARABALLO.EDWIN

.1253443274

Digitally signed by

CARABALLO.EDWIN.1253443274

Date: 2021.07.27 06:46:24 -04'00'

SHEARER.MARY.E.1

250702449

Digitally signed by

SHEARER.MARY.E.1250702449

Date: 2021.08.05 14:41:03 -04'00'