J-A6.302-1SPE7MX19R0145.pdf

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

SOLICITATION: SPM7MX-19-R-0145

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

Procurement history shows that JLG Industries (1YHH8) is the actual manufacturer of this item and that various dealers have provided JLG Industries parts. The Government lacks the technical data needed to acquire this item competitively. JLG Industries (1YHH8) is the only source known to possess the complete technical data for this item; therefore, this 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.

The use of the authority cited is based on:

AMSC Q. The Government does not have adequate data, lacks rights to data, or both needed to purchase this part from additional sources. The Government has been unable to economically buy the data or rights to the data, although the part has been undergoing full screening for 12 or more months. Breakout to competition has not been achieved, but current, continuing actions to obtain necessary rights to data or adequate, reprocurement technical data indicate breakout to competition is expected to be achieved. This part may be a candidate for reverse engineering or other techniques to obtain technical data.

As confirmed by the SAPD Product Specialist on 8/26/19 the AMC/AMCS code is correct and that JLG Industries (1YHH8) is the only approved source for this NSN. 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.

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

a. The acquisition will be synopsized on or about December 11, 2019, 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 item will not be evaluated for this procurement. However, Alternate items received will be forwarded through the Competition Advocate/Ombudsman Office to assist vendor(s) in submitting an Alternate Offer Technical data package (SAR) through DLA Land and Maritime.

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

a. 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 market place plus other than cost or pricing data will be request if needed.

8. Market Research/Efforts to Obtain Competition:

a. The product specialist reviewed this NSN for the project during project creation, and no new sources were found.

A Sources Sought notice was posted May 29, 2018, in FedBizOpps for 7 calendar days to find potential sources for this NSN and no company responded. Due to the age of the first source sought to find potential sources a second Sources Sought was issued on FedBizOpps on June 19, 2019 and with a closing date to respond of June 28, 2019 and no responses were received from companies indicating an interest. On August 8, 2019 an amendment to the Sources Sought was issued to indicate that the solicitation number changed from SPE7MX19R0120 to SPE7MX19R0145 with a closing date to respond of August 13, 2019.

b. A market survey was conducted on/during 5/23/18 - 9/13/19

Describe the market research conducted and the results.

Techniques used to conduct survey: Techniques used to conduct survey: emails, FedBizOpps, 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.

Total number of vendors contacted: 2 Names of vendors contacted and responding: See table below.

The Strategic Sourcing Specialists attempted to conduct market research with the companies listed on table below to assess their interest and capability to perform.

Information received regarding the commerciality of the item(s): Item is commercial of a “type”.

Market research was conducted during the review of the DLA Land and Maritime supplied files, JLG response to RFI, as well as internet resources. The market research consisted of reviewing NSN data for one (1) component, part number 6623297, Linear Actuating Cylinder Assembly, (NSN 3040-01-438-8050) for the All-Terrain Lifter Army System (ATLAS), review of historical sales data, part prints, and DLA supplied Long Term Contract Market Research Questionnaire. The Analyst’s market research included reviewing the following websites: aerobasegroup.com, parttarget.com, Positexinc.com, and NSN-Now.com.

The Analyst’s indicated on the report websites above that TJ Brooks (67089) and Trak International (3Y949) were alternate sources for part number 6623297. The Acquisition Specialist researched for additional information and found that TJ Brooks is out of business and Trak International was purchase by JLG Industries (1YHH8) in 2003. The above findings does not affect DCMA CIG recommendation of commerciality.

DCMA Commercial Item Group (CIG) West Technical Team reviewed the linear actuating cylinder assembly and associated data submitted by JLG Industries. The proposed part is offered for sale to the general public and is considered an item of a type customarily used by the general public or by non-governmental entities for purposes other than governmental. DCMA CIG recommends the linear actuating cylinder assembly be considered commercial in accordance with FAR 2.101 “Commercial item” (1).

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. The SAPD’s product specialist group completed a technical evaluation for this NSN. The subject NSN is a sole/limited source item. No other sources or adequate technical data were identified or located for competitive procurements. 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: (If none, so state) JLG Industries (1YHH8) responded to the market survey and expressed an interest in the acquisition. As such, this company will be in the solicitation mailing list.

Company Name

Cage Code

Interested in a LTC

Business Size

Base Year Option Years

Fixed Firm Price

Priced Option

FOB

Origin

Cost/Price Data

JLG Industries 1YHH8 Yes Large Badger Truck 06YZ5 No Response Small

11. The following actions are being taken to identify 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 [X] Other

a. The buyer was not able to locate a copy of any previous J&A’s in the SRM Records Management database and could not locate any statement of actions to remove or overcome any barriers for competition.

b. Planned actions for the future to overcome any barriers to competitions will be periodic market research and sources sought. Also as this item is an AMSC Q, periodic reviews are required by DFARS PGI 217.7506 2-203(b).

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.

Contracting Officer\Date

APPROVAL/CERTIFICATION

I have reviewed and approve this justification:

Competition Advocate Signature

APPROVAL REQUIREMENTS

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

MATZ.RICHARD.JAM

ES.1080066615

Digitally signed by

MATZ.RICHARD JAMES.1080066615

Date: 2020.01.09 12:19 21 -05'00'

HOPSON.LILLI.A.123

0127324

Digitally signed by

HOPSON.LILLI.A.1230127324

Date: 2020.01.10 09:13:34 -05'00'