JA Redacted SPRAL122R0008.pdf

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

SOLICITATION #SPRAL1-22-R-0008

DLA Land and Maritime Justification for Other than Full and Open Competition

(May 2018)

[ 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 using other than full and open competition for the Transfer Transmission Assembly (NSN 2520-01-479-3297).

3. The proposed action is for a solicitation and award of a Firm, Fixed Price (FFP) contract with no options.

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

BRIEF DESCRIPTION NSN/P/N QUANTITY EST. VALUE AMSC

Transfer Transmission Assembly 2520-01-479-3297 30.00 C

The Transfer Transmission Assembly is the part of the mechanism of a vehicle which distributes engine torque from the transmission and provides a means to transfer it, usually, to the front and rear driving axles.

Identify end item, weapon system, or class of item:

Table of Authorized Material Control Number (TAMCN): D08867K – The end item is NSN 2320-01-542- 7628, Logistics Vehicle System Replacement (LVSR) which is a 22.5 ton, 10X10 truck with either a box type body or a body having integral sides and front panel mounted on a chassis or articulated unit. It usually consists of a flat loading platform, tailgate, removable top bows, and tarpaulin. It may include side extensions or stakes. The rear wheels may be powered by a chain, an electric, hydraulic, and/or air motor(s), or conventional drive.

ESTIMATED 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. The Marine Corps technical data determined the current NSN is in accordance with approved source: Oshkosh Defense (Oshkosh) CAGE 75Q65 for part number 95SK231.

5. If restricted to the only source(s) of supply, include source(s) and CAGE code: On February 18, 2022, USMC Logistics Command (LOGCOM) Equipment Specialist certified that the technical information, including the AMC/AMSC code and approved source, was complete and accurate. The NSN is sole source to Oshkosh (75Q65) per the DLR tech data from Albany, GA. Oshkosh is the only manufacturing source to retain data rights, manufacturing knowledge, or technical data for this item that is not economically available to the Government.

The use of the authority cited is based on:

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

The use of the authority cited is based on:

[ X ] AMSC C. This part requires engineering source approval by the design control activity in order to maintain the quality of the part. Existing unique design capability, engineering skills, and manufacturing knowledge by the qualified source(s) require acquisition of the part from the approved source(s). The approved source(s) retain data rights, manufacturing knowledge, or technical data that are not economically available to the Government, and the data or knowledge is essential to maintaining the quality of the part. An alternate source must qualify in accordance with the design control activity's procedures, as approved by the cognizant Government engineering activity. The qualification procedures must be approved by the Government engineering activity having jurisdiction over the part in the intended application. If one source is approved, AMCs 3, 4, or 5 are valid. If at least two sources are approved or if data is adequate for an alternate source to qualify in accordance with the design control activity's procedures, AMCs 1 or 2 are valid.

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

[ X ] The acquisition will be synopsized on or about June 21, 2022 for 15 days.

[ X ] Other. (Explain) A Source Sought Notice (SSN) posted to SAM.gov from May 19, 2022, to May 31 2022, with no responses received. The solicitation will be published for 30 days.

7. I hereby determine that the anticipated cost to the Government will be fair and reasonable. Procurement history exist for this NSN via Haystack and EProcurement. The history is below with the contract number, award date, awardee, quantity, unit price, total value, and price reasonableness code (PRC):

AWARD AWARD

DATE

AWARDEE QTY. Unit Price Total Price Price Reasonablene ss Code

(PRC)

SPRAL122C0004 2/8/2022 Oshkosh Defense

CAGE 75Q65

30 $37,514.58 $1,125,437.40 BI

SPRAL112C0001 2/3/2012 Oshkosh Corporation

CAGE 45152

25 $14,151.44 $353,786.00 BI

History indicates the Transfer Transmission Assembly for the requirement was previously procured by DLA Land and Maritime (DLR Albany). To deem the price fair and reasonable a price analysis will be conducted.

The value of this procurement is less than the Certified Cost and Pricing Data threshold of $2,000,000.00;

therefore, cost and pricing data is exempt per FAR 15.403-4. To deem the price fair and reasonable a price analysis will be conducted using similar items, salient characteristics, and/or request an informal cost breakdown to assist in establishing the Government’s targets and later deeming prices fair and reasonable for this procurement.

8. Market Research/Efforts to Obtain Competition:

Emailed the market survey directly to the only known approved source at the time, provided by LOGCOM, the OEM Oshkosh (75Q65). A Sources Sought Notice (SSN) with the market survey attached posted on SAM.gov from 5/19/22 to 5/31/22 for the procurement of the Transfer Transmission Assembly.

Market Survey [10 U.S.C. 2304(f)(3)(D)]:

[ X ] A market survey was conducted on/during May 19, 2022 to May 31, 2022.

Total number of vendors contacted: One (1): Oshkosh (75Q65) responded to the market survey.

Techniques used to conduct survey: SSN and email communication with market survey attached.

Types of information requested: A SSN was posted to SAM.gov on 5/19/22 with response date of 5/31/22.

The main purpose of the SSN was to provide an opportunity for other potential sources to manufacture this NSN to promote competition. Sources not approved for this NSN were required to submit a Source Approval Request (SAR) in accordance with DLAD Procurement Notes L04, Offers for Part Number Items and M06, Evaluation of Offers for Part Numbered Items to DLA Land and Maritime when the acquisition is restricted to material manufactured by the source listed as indicated by AMSC code C. DLA Land and Maritime does not manage this item, therefore, the SAR package is submitted to LOGCOM who manages the NSN.

LOGCOM would then submit the SAR information to SYSCOM, since they manage the technical portion of the NSN. While the approval for SAR would not necessarily occur for this procurement, the SAR could be reviewed for future procurements. For this procurement, there were no SAR packages submitted.

Additionally, a market survey was included with the SSN to allow potential offerors an opportunity to provide feedback on the current marketplace for this acquisition. The market survey included but not limited to information regarding commerciality, EDI, MIL-STD-129 capability, company size, FOB, Inspection and Acceptance, part number, quantity, delivery, and OEM information.

Summary of information received:

The buyer sought information from the only approved large source Oshkosh (75Q65) on 5/19/2022. The buyer sent a follow-up email to the OEM on 5/26/2022. The buyer called the OEM on 6/21/2022, leaving a voicemail requesting the market survey and emailed a second follow-up with response by COB 6/23/2022.

The OEM responded to the market survey on 6/21/2022.

. The contractor indicated they prefer to deal directly with the Government. The contractor indicated the item is commercial per FAR 2.101 and indicated the item has been determined to be commercial by a miliary department, a defense agency, or another component of DoD. The contractor indicated they would be willing and able to provide proof of commerciality, if the government determines it is needed to verify price reasonableness.

The contractor did not answer any of the clauses/provisions to indicated if they were inconsistent with commercial practices.

The contractor indicated they would be willing to provide cost and price data as required by FAR 15 table 15.2.

Information received regarding the commerciality of the item(s): Based on the above, the OEM Oshkosh indicated the item is commercial. Oshkosh did not provide any supportable documentation to substantiate their commerciality claim except providing what they indicated as recent DLA commercial contracts/delivery orders/purchase orders: SPRDL119C0126, SPRDL119D0122, SPRDL119D0105, SPRDL120D0107, and SPRDL120P0151, for the transfer case/transmissions. These orders were awarded through the DLA Detachment in Warren Michigan. The buyer requested additional commerciality documentation from the OEM Oshkosh on 6/22/2022, but they did not respond. Oshkosh did not provide any supportable commercial documentation. A Google search was conducted using the part number 95SK231 and NSN 2520014793297, but no information was found that could substantiate or determine the item to be

SOLICITATION #SPRALl-22-R-0008 commercial. Additionally, a General Administration Services (GSA) search was conducted on the part number 95SK231, but no GSA contracts were found. See Attachment 3. The item is unique to the Government and is made specifically in suppo1t of the LVSR which is a 22.5 ton, lOXlO tiuck used for Marine Air-Ground Task Force. The item is not modified of a type available in the commercial marketplace and does not have minor modifications of a type not customarily available in the commercial marketplace.

The item is not available in the commercial marketplace. Therefore, the Conti·acting Officer hereby detennines this item to be a non-commercial item.

9. Additional facts suppo1ting other than full and open competition are:

[ X ] Based upon the technical ce1tification on file in DLA Land and Maritime-YEP 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: (If none, so state)

Oshkosh (75Q65)

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

[ X ] Solicitation contains DLA Procurement Note, L04, Offers for Pait Nlllllber Items [ X ] Solicitation contains DLA Procurement Note, M06, Evaluation of Offers for Pait Numbered Items [ X ] Other: The Mai·ine Co1ps does not intend to procure the technical data. necessaiy to promote competition. A SSN posted to SAM.gov for 10 calendai· days without receiving any responses for vendor to submit a SAR.

12. A listing of previous J&A(s): SPRAL121R0024 is atta.ched.

Attachments:

1. DLR Tech Data Ce1t

2. Previous J&A (SPRAL121R0024)

3. Google Search

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.

SELLERS.CERIT A.F .125 Digitally signed by

SELLERS.CERITA.F.1250708994

0708994 Date: 2022.07.08 14:39:55-04'00'

Cerita F. Sellers Conti·acting Officer

08 July 2022

Date

APPROVAL REQUIREMENTS

( X ) Up to $750,000 Conti·acting Officer