JA Redacted.pdf

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

SOLICITATION: SPE7M8-20-R-0002

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

(FEB 2017)

[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 full and open competition basis.

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

BRIEF

DESCRIPTION

NSN Part Numbers ADQ ADV AMC/AMSC

Motor, Alternating Current

6105-01-616-2946 (0E6Y2) 266-302020 &

(1NWY2) EP-0009059

350 3/D

Identify end item, weapon system, or class of item: Motor, Alternating Current

ESTIMATED BASE (3 YEAR) VALUE:

ESTIMATED TOTAL (5 YEAR) VALUE (BASE + 2 ONE YEAR OPTIONS):

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.

Method Code/Acquisition Method Suffix Code(s) (AMC/AMSC) of 3D. This item is a Motor, Alternating Current. According to the tech on 10/09/19, this item is a 3D and the last review was completed on 10/09/19. The item is a motor used on a truck forklift, 4000 lbs, rough terrain vehicle, and is used to move heavy items/equipment. The NSN supports the 6105 Federal Supply Class which is for Electric Wire & Power & Distribution equipment. The tech also goes on to say that there is no data available on this item and the item is not a Critical Application item nor a Critical Safety Item (CSI).

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

Dixie Electric, LTD (036Y2) Independent Rough Terrain Ctr (1NWY2)

Dixie Electric, LTD (036Y2) and Independent Rough Terrain Ctr (1NWY2) are the only approved sources known to possess the technical data necessary to manufacture the item.

The use of the authority cited below:

[X] AMC 3. Acquire, for the second or subsequent time, directly from the actual manufacturer.

The use of the authority cited is based on:

[X] AMSC D. The data needed to acquire this part competitively is not physically available, it cannot be obtained economically, nor is it possible to draft adequate specifications or any other adequate, economical description of the material for a competitive solicitation. AMCS 3, 4, or 5 are valid.

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

* The acquisition was synopsized in Federal Business Opportunities on 09/25/19.

* The acquisition will be posted to DIBBS.

* A Sources Sought was posted to Federal Business Opportunities on September 12, 2019.

7. I hereby determine that the anticipated cost to the Government will be fair and reasonable. Price analysis will be conducted for this acquisition to deem the prices fair and reasonable as required by FAR 15.403-4. The price analysis will consist of utilizing the historical prices and adjusting them based on the PPI Index. The price will be adjusted utilizing learning curves to determine the Government low and high targets for this acquisition. The offeror(s) may be requested to submit information other than cost and pricing data to determine price reasonableness. Certified cost and pricing data is not required since the total estimated value of this acquisition is below $2 million I/A/W FAR 15.403-4.

8. Market Research/Efforts to Obtain Competition:

A Sources Sought was posted on FedBizOps on 09/12/19 with a response deadline of 09/23/19. No responses were received back from the Sources Sought posting. In addition to the sources sought notice, market research surveys were also sent out via e-mail on 09/13/19 to one of the approved sources of supply for this item, Independent Rough Terrain Ctr (1NWY2) and previous awardee, TVH Parts (66654). TVH Parts (66654) e-mailed their completed market research survey & spreadsheet to the buyer on 09/17/19 and Independent Rough Terrain Ctr (1NWY2) e-mailed their completed their completed market research survey & spreadsheet to the buyer on 09/23/19. Dixie Electric, LTD (036Y2) was not sent a market research survey as a valid e-mail address and telephone number was not located when researching SAMS, DIBBS, Vendor Performance History (VPH), & Haystacks.

A search for procurement history and possible similar items was completed in Haystacks. No similar items were located in Haystacks.

A search for procurement history was also done within EBS EProcurement. Procurement history shows that there were 18 previous buys from the most recent past buy awardee, TVH (66654) offering the Cage Code and Part number of approved source of supply, Dixie Electric, LTD (036Y2 from 2016 through 2019. There was one previous buy dated in 2016 from the other approved source of supply Independent Rough Terrain Ctr (1NWY2) offering their own Cage Code and Part Number. The other previous awardees from past buys were Pioneer Industries (66200) in 2014, AMMAC (0VW10) in 2015, JGILS (1N8T8) and Lynn Electronics (19151) in 2016, and JGB (61125) and Kampi Components (7Z016) in 2017, one of Kampi’s was cancelled with a Termination code of K. There were no previous awards that was made directly to the approved source of supply, Dixie Electric, LTD (036Y2).

Techniques used to conduct survey [X] Market Research was e-mailed to one of the approved sources of supply for this item, Independent Rough Terrain Ctr (1NWY2) and previous awardee, TVH Parts (66654). Dixie Electric, LTD (036Y2) was not sent a market research survey as a valid e-mail address and telephone number was not located when researching SAMS, DIBBS, Vendor Performance History (VPH), & Haystacks.

Types of information requested: The market survey requested that companies provide answers to general questions regarding their company name, CAGE Code number, size, whether or not they are the manufacturer or a dealer, and existence of any dealers/distributors, if they are the manufacturer and do not deal directly with the Government. Long Term Contract related questions asked included: whether the company is interested in a 5-year LTC, if Firm Fixed Price would be acceptable, if a three-year base period with no price adjustments would be acceptable, and if the unit price submitted would account for estimated increases for each year. The Market Survey requested whether the offerors would be able to provide Cost and Pricing Data, if required.

Other questions asked include: whether the product is commercial, whether prices were published, requesting suggestions and comments from the contractor.

Summary of Markey Survey Information Received:

A. Market Research Survey Results: A response was received back from one of the approved sources of supply, Independent Rough Terrain Ctr (1NWY2) and from the most recent previous awardee, dealer, TVH Parts (66654). Dixie Electric, LTD (036Y2) was not sent a market research survey as a valid e-mail address and telephone number was not located when researching SAMS, DIBBS, Vendor Performance History (VPH), & Haystacks.

B. Sources Sought Notice Results: No responses were received back from the Sources Sought Notice posted to Federal Business Opportunity (FBO) on 09/12/19.

One of the approved sources of supply, Independent Rough Terrain Ctr (1NWY2) and the most recent past buy awardee (dealer), TVH Parts (66654) completed the market research surveys and spreadsheets sent to them. Both stated in their responses that this item is not a commercial item and is built for the military forklift only. One of the approved sources of supply, Independent Rough Terrain Ctr (1NWY2) stated in their completed survey that this item is not sold in the commercial market place, is designed and manufactured specifically for their equipment and that this item is sealed to comply with the fording requirement of their equipment. Both TVH Parts and Independent Rough Terrain Ctr stated they were interested in submitting an offer on this upcoming long-term contract. Also, research was conducted by the buyer utilizing a Google Internet search, as well as, research of possible similar item in Haystacks and the buyer determined that the item was not commercially available. Information was not received from approved source of supply, Dixie Electric, LTD (036Y2) as Dixie was not sent a market research survey as a valid e-mail address and telephone number was not located when researching SAMS, DIBBS, Vendor Performance History (VPH), & Haystacks.

Information received regarding the commerciality of the item(s):

The Contract Specialist also conducted an internet search for these items and determined them not to be commercial items. This determination is based upon the information obtained in the Material Master of SAP, tech J&A additional information received, LTC/IQC NSN Data Pull, and website research. Buyer review of the COTS field in the Material Master of SAP and the field is blank. One of the approved sources of supply, Independent Rough Terrain Ctr (1NWY2) and the most recent past buy awardee (dealer), TVH Parts (66654) completed the market research surveys and spreadsheets sent to them. Both contractors stated in their responses that this item is not a commercial item and is built for the military forklift only.

9. 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.

10. A listing of sources, if any, indicating an interest in the acquisition is: One of the approved sources of supply for this item, Independent Rough Terrain Ctr (1NWY2) and previous awardee, (dealer) TVH Parts (66654) offering the part number of the other approved source of supply, Dixie Electric, LTD (036Y2).

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

(X) The solicitation contains Procurement Notes L04, Offers for Part Number Items (September 2016) and M06, Evaluation of Offers for Part Numbered Items (September 2016), which provides the process for offering an item other than those identified in the item description.

As the previous awards displayed in contract history were of small buy purchases, a copy of a previous buy J&A was not available in Records Management.

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 Signature

__Brian S. Maxwell_________________________________________________________ Typed Name of Contracting Officer

MAXWELL.BRIAN.

STEPHEN.123018

Digitally signed by

MAXWELL.BRIAN.STEPHEN.12

30183828 Date: 2019.10.17 06:07:26 -04'00'

HOPSON.LILLI

.A.1230127324

Digitally signed by

HOPSON.LILLI.A.1230127324

Date: 2019.10.21 17:32:11 -04'00'