JA (Redacted) SPRAL123R0008.pdf

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

SOLICITATION

Controlled by: DLA Land and Maritime Controlled by: SAPD-ZAB

CUI Category: PROCURE/SSI Distribution/Dissemination Control: FED ONLY

POC: Cerita.Sellers@dla mil

DLA Land & Maritime Justification for Other Than Full & Open Competition (December 2022)

[ 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 a full and open competition basis.

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 TRANSMISSI 2520-01-579-3297 12.00 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 BASE VALUE:

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

[ X ] 10 U.S.C. 3204(a)(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 December 12, 2022, USMC Logistics Command (LOGCOM) Equipment Specialist certified 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 below:

[ 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 09 November 2023.

[ X ] Other. (Explain) A Source Sought Notice (SSN) posted to SAM.gov from April 25, 2023, to May 5, 2023, 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 Reasonableness

Code (PRC)

SPRAL123C0006 3/29/2023 Oshkosh Defense

CAGE 75Q65

30 $44,192.96 $1,325,788.80 BG

SPRAL122C0004 2/8/2022 Oshkosh Defense

CAGE 75Q65

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

SPRAL112C0001 2/3/2012 Oshkosh Corp

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.

Market Research/Efforts to Obtain Competition:

8. Describe the market research conducted and the results. 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)

SOLICITATION SPRALl-23-R-0008 with the market smvey attached posted on SAM.gov from 4/25/23 to 5/5/23, for the procurement of the Transfer Transmission Assembly

Market Survey [10 U.S.C. 3204(e)(2)(D)]:

[ X] A market survey was conducted on/during April 25, 2023, to May 5, 2023.

Total number of vendors contacted: One (I) Oshkosh (75Q65) Names of vendors contacted and responding: Oshkosh (75Q65) responded to the market survey.

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

Types of info1mation requested: A SSN was posted to SAM.gov on 4/25/23 with response date of 5/5/23. The main pmpose 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 Pait Number Items and M06, Evaluation of Offers for Pait 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 po1tion 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 offerers an opportunity to provide feedback on the cmTent marketplace for this acquisition.

The market smvey included but not limited to info1mation regarding commerciality, EDI, MIL-STD-129 capability, company size, Freight On Board (FOB), Inspection and Acceptance, pait number, quantity, delive1y, and OEM info1mation.

Summa1y of info1mation received: The buyer sought inf 01mation from the only approved lai·ge source Oshkosh (75 65 on

·ea e contractor m 1catea the item is commercial per FAR 2.101 and indicated the item has been dete1mined to be commercial by a milia1y department, a defense agency, or another component of DoD. The contractor indicated they are willin to rovide roof of commerciali , if the overnment dete1mines it is needed to veri rice reasonableness.

to provide cost and price data as required by FAR 15 table 15.2.

The OEM did not provide any suppo1table documentation to substantiate their commerciality claim. The buyer sought additional info1mation from Oshkosh by fo1warding them the Commercial Item Description (CID) Market Survey on 4/28/23. The OEM did not respond to the CID request.

SOLICITATION SPRALl-23-R-0008 Info1mation received regarding the commerciality of the item(s): Based on the above, the buyer reviewed the previous requirement solicited under SPRAL122R0008 and found the OEM did not provide any documentation to substantiate their commerciality claim, except Oshkosh indicated the following to be DLA commercial contracts/delive1y orders/purchase orders: SPRDLl 19C0126, SPRDLl 19D0122, SPRDLl 19D0105, SPRDL120D0107, and SPRDL120P0151, awarded through the DLA Detachment in WaiTen Michigan. The buyer requested additional commerciality documentation from the OEM Oshkosh on 6/22/2022, for requirement SPRAL122R0008, but they did not respond. A Google search was conducted using the pait number 95SK231 and NSN 2520014793297, but no infonnation was found that could substantiate or determine the item to be commercial. Additionally, a General Administration Services (GSA) seai·ch was conducted on the pa1t number 95SK23 l , but no GSA contracts were found. See Attachment 2.

The item, Transfer Transmission (NSN 2520-01-579-3297) is deemed not commercial. The item is unique to the Government and is made specifically in suppo1t of the LVSR used for Marine Air-Ground Task Force. The OEM, Oshkosh indicated the item is commercial but did not submit any suppo1ting documentation to assist in substantiating their commerciality claim. The item is not modified of a type available in the commercial marketplace and does not have minor modifications of a type not customai·ily available in the commercial marketplace. The item is not available in the commercial marketplace.

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

[ X ] Based upon the attached technical ce1tification, 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 ai·e being taken to identify additional sources:

[ X ] Solicitation contains DLA Procurement Note, L04, Offers for Pait Number Items [ X ] Solicitation contains DLA Procurement Note, M06, Evaluation of Offers for Pait Numbered Items [X ] Other: The Mai·ine Corps does not intend to procure the technical data necessaiy to promote competition. A Sources Sought Notice (SSN) posted to SAM.gov for 10 calendai· days without receiving any SAR responses from vendors.

12. The listing of previous J&A(s): SPRAL122R0008 (see attachment 3).

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.(ERIT A. Digitally signed by

SELLERS.CERITA.F.1250708994

F.1250708994 Date: 2023.11.14 13:30:44 -05'00'

Contracting Officer

14 November 2023

Date

APPROVAL REQUIREMENTS

[ X ] Up to $750,000 Contracting Officer

Attachment(s):

1. DLR Tech Data Cert

2. Google and GSA Search

3. Previous J&A SPRAL122R0008