JA redacted SPE7L021R0013.pdf

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

SOLICITATION SPE7L0-21-R-0013

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 for an Indefinite Quantity Contract (IQC) on other than a full and open competition basis using FAR Part 15 procedures. This is necessary because the Government either lacks complete technical data required to manufacture the supplies or must restrict sources due to the criticality of the part. The rationale specific to this item is detailed by its Acquisition Method Suffix Code (AMSC) as stated below in paragraph 4.

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

NSN ITEM

UNIT ADQ UNIT

PRICE ADV AMSC

3010-01-513-6082 Gear Assembly, Speed EA 32

D

ESTIMATED BASE (3 YEAR) VALUE: $

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

MAXIMUM CONTRACT VALUE:

The item is used on the following weapon systems: Truck, Wrecker, Armor

The proposed action is for the solicitation and award of a Firm, Fixed Price (FFP), Long Term Contract (LTC), with a projected length of five (5) years, to consist of three (3) base years and two

(2) one year (1 year) option periods. The option years may be exercised at the discretion of the Government.

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 use of the authority cited above is supported by the following Acquisition Method Code (AMC) and Acquisition Method Suffix Code (AMSC) of the NSN; which was 1/R and was updated to 3/D.

This change was confirmed as accurate by the Land Product Specialist on 6/9/2021.

AMC 3. Acquire, for the second or subsequent time, directly from the manufacturer.

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. AMSC 3, 4 or 5 are valid.

5. The sources listed in the table below, confirmed by the DLA Land and Maritime Product Specialist on 6/9/2021, during the technical review these are currently the only sources approved to manufacture the item. The Product Specialist also certified that the supporting data is complete and accurate, in addition to the statement indicating that the approved source and AMC/AMSC codes are correct. The listed sources are the only sources that possesses the complete technical data, rights to the data, and capability necessary to manufacture the item for the required form, fit, function and quality. The Government either has no data, inadequate data, and/or lacks rights to the data needed to acquire this part from additional manufacturing sources. At this time, only the sources listed possess the complete data and rights to the data.

The use of the authority cited above is supported by the following Acquisition Method Code (AMC) and Acquisition Method Suffix Code (AMSC) of the NSN; which were confirmed as accurate by the Land Product Specialist on 6/9/2021. (See Attachment #1)

Sources:

NSN Description Approved

CAGE

Company Name Approved Part Number

3010-01-512-6082 Gear Assembly, Speed (75Q65)

Oshkosh Defense

LLC 1HA174

3010-01-512-6082 Gear Assembly, Speed (0SZB6) Manitex Inc. 60000164-007

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

A Sources Sought Notice was posted to www.fbo.gov on 6/9/2021 for 9 days.

The acquisition will be synopsized in Federal Business Opportunities at least 15 days prior to issuance of solicitation.

The solicitation will be posted to DIBBS for 30 days.

Dealers of the approved manufacturing sources will be solicited.

7. I hereby determine that the anticipated cost to the Government will be fair and reasonable. A price analysis will be conducted using historical pricing, the Producer’s Price Index (PPI), and a learning curve analysis. Offerors may also be required to submit information other than certified cost or pricing data if deemed necessary by the Contracting Officer in order to determine prices fair and reasonable. Based on the above techniques, the Contracting Officer anticipates the costs to the Government will be fair and reasonable.

8. Market Research/Efforts to Obtain Competition included: Researching items on-line via the internet for availability, commerciality, and features. Pulling previous procurements of items and determining previous acquisition methods. Determining vendor interest in long-term contracting for the items. Researching/gathering info regarding commerciality of the items. Vendor size and business status information. Delivery. Base year and option years; optimal lengths, and possible price/cost advantages.

Buyer experience has shown other offerors are subject to submit an offer even though a market survey was not received. Therefore, solicitation will be for 3 base years in the anticipation that a business concern can meet that requirement.

Buyer researched SAP, the Material Master, MM03, IDS and coordinated with the Product Specialist.

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

o Market research in accordance with FAR Subpart 12.1 was conducted to determine the commerciality of this item. DLA Land and Maritime’s Product Specialist indicated this was not a commercial item on 6/9/2021. The item is only available from the approved sources as identified above.

Searches on the internet yielded no useful information on the P/N or pricing information.

o The item in this solicitation has been determined to be non-commercial by the Contracting Officer on the Commerciality Determination Record dated 6/23/2021 in the stack. No catalog price is available, and no un-redacted commercial invoice could be provided. The buyer did an online search for the NSN. There is no indication, through the OEM’s website, GSA Advantage website or others that the item is sold commercially. The EBS system under MM03 showed item as not commercial.

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

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 indicating an interest in the acquisition is:

Burhani Enterprises Inc.

11. This item is subject to the following methods of locating additional sources in an effort to overcome barriers to competition:

Solicitation will be posted to DIBBS for a period of 30 days.

The solicitation will contain DLAD Procurement Note: L04-Offers for Part Numbered

Items.

The solicitation will contain DLAD Procurement Note: M06-Evaluation of Offers for

Part Numbered Items.

12. No prior J&A could be found in Records Management.

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 $750,000, this signature serves as the approval.

Contracting Officer Date

APPROVAL/CERTIFICATION:

I have reviewed and approve this justification:

Competition Advocate Date Signature

APPROVAL REQUIREMENTS

(X) Up to $750,000 Contracting Officer

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

Attachments:

1. Technical Certification

2. Procurement History

TUBBS.JOHN.

D.1076026684

Digitally signed by

TUBBS.JOHN.D.1076026684

Date: 2021.07.06 07:09:26 -04'00'

SHEARER.MAR

Y.E.1250702449

Digitally signed by

SHEARER.MARY.E.1250702449

Date: 2021.07.06 10:57:37 -04'00'