JA SPE30026R0044_Redacted.pdf

CUI

Controlled by: DLA Troop Support Controlled by: Subsistence-FTPA CUI Category: J&A Distribution/Dissemination Control: FED ONLY

POC:

CUI

Source Selection Information – FAR 2 101 and 3.104

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION UNDER

AUTHORITY OF FAR 12.201-1 and 41 U.S.C. 1901

1. Defense Logistics Agency (DLA) Troop Support, Subsistence Supply Chain, is the contracting activity.

2. The action being approved is the ability to solicit for DLA requirements on an Other than Full and Open Competition basis.

3. DLA Troop Support intends to enter an Indefinite Delivery, Indefinite Quantity (IDIQ) contract for Pepsi Cans and Bottles for Department of War customers located within the State of Florida (Eglin AFB and Hurlburt Field). Pricing terms will be tiered pricing. The period of performance will be five years in length, starting from contract award. The following supplies are required to meet DLA’s needs:

Pepsi Cans and Bottles:

4. The statutory authority permitting other than full and open competition is codified at 41 U.S.C § 1901 and is implemented by the Federal Acquisition Regulations (FAR). This justification is based on Revolutionary FAR Overhaul (RFO) 12.102, Restricting Competition, and the

Source Selection Information – FAR 2 101 and 3.104 applicable procedures are in RFO 12.201-1 Simplified Procedures, as implemented by the Department of War Class Deviation to FAR Part 12.

5. The use of this authority is necessary because Pepsi Cans and Bottles are all sole source, part-numbered (P/N) NSNs for which (CAGE Code: ) is the only known source.

These items are only available in this area from PepsiCo Bottling Company through its approved bottler and manufacturer and are the only items that can meet the minimum needs and requirements of the Government. Standard commercial practices dictate that only Pepsi products can be supplied in the current Pepsi equipment (dispensers and refrigerators). By providing this equipment, significant funds have already been invested into this site by Pepsi. The decision to buy brand name beverages is also largely geared towards service member preference and as morale boosting product. By sourcing directly from (Pepsi Co.’s bottler and manufacturer), DLA gains direct access to the manufacturers’ production schedules, technical specifications, and quality assurance processes. This streamlines communication and improves responsiveness to issues (e.g. product shortages or quality concerns) and gives DLA priority status for certain production runs, especially if contractual volumes are significant. Procuring directly with the sole source allows for cost savings by eliminating intermediary markups from third party wholesale distributors. All soda and beverages are proprietary, making it impossible to evaluate an exact replacement. Based on the standardized equipment and brand, logistics and quality control considerations, proprietary nature of the products, there is only one responsible source to meet this need.

To fulfill important feeding missions, the Troop Customers of Florida have the following Government requirements:

provides Pepsi Co. cans and bottles to support the Department of War Troop customers in the Florida Zone (Hurlburt Field, Eglin Air Force Base) on a skip day delivery schedule.

6. In accordance with FAR 5.101(d), an acquisition with a value over the simplified acquisition threshold for commercial products shall combine the presolicitation notice with the solicitation when posted to the Governmentwide point of entry (GPE). This justification will be made available for public inspection, redacted as necessary, with the Solicitation, in accordance with RFO 12.102 and RFO 5.201(c)(3).

7. As the contracting officer, I hereby determine that the anticipated cost to the Government will be fair and reasonable based on submission and analysis of acceptable documentation other than certified cost or pricing data.

8. Market research has indicated that the only source for the proprietary commodity of Pepsi Cans and Bottles is the Pepsi bottler and distributor in this geographic location. A Request for Information (RFI) was published on www.SAM.gov on May 12, 2026, for a period of fourteen

(14) days. The RFI contained a questionnaire for interested vendors to fill out and describe their company’s ability to fulfil Pepsi and bottling requirements.

It is standard commercial practice within the restaurant and hospitality industries, and larger institutions to have exclusive agreements with one major beverage manufacturer’s products such as Pepsi Co. dubbed “pouring rights.” The agreements include providing fountain machines, dispensers, and coolers to customers free of charge or deeply discounted. The manufacturers also offer preferential pricing to customers with such agreements.

9. The Government does not possess complete, unrestricted technical data necessary to solicit for these items using full and open competition procedures. who is the only manufacturer and bottler of Pepsi products, has retained access to the proprietary rights to all licenses, data rights, and technical drawings and specifications for all line items listed above that are required to support all customers in this acquisition’s delivery schedule.

The subsistence-based items are currently in high demand for units stationed in the Florida Region, including Hurlburt Field, Eglin AFB. These subsistence-based items, which require food service supplies, are deemed to be available only from Pepsi bottlers and distributors.

The PepsiCo Company has existed as one of the United States’ largest domestic companies since the late nineteenth century. Now globally recognized, the Pepsi brand cans and bottles are

Source Selection Information – FAR 2 101 and 3.104

Source Selection Information – FAR 2 101 and 3.104 required to maintain high troop morale. Customers within the geographic area of this acquisition have requested the above specific line items provided.

10. The following source has expressed interest in writing, in this acquisition:

11. A fully competitive item description for this unique proprietary schedule of subsistence-based items has not been developed and is not available. The Pepsi cans and bottles cannot be sourced from any other entity other than Pepsi Bottlers and Distributors. DLA plans to discuss future brand recompete strategies with Florida-based customers. This will occur at such a time when the equipment is nearing the end of its useful life, facilities undergo remodeling, or any other major changes are needed to the facilities. Strategically implementing a change in one of these instances will reduce the disruptions to the facilities and service members.

12. Pursuant to Department of War’s Class Deviation of Defense Federal Acquisition Regulations (DFARS) Part 206, approval by the Contracting Officer is required for justifications up to $ 10 Million. As the Contracting Officer, I certify that the requirements which form the basis of this justification are accurate, that these supplies meet the Government’s needs in accordance with applicable specifications and that this justification is accurate and complete to the best of my knowledge and belief.

Contracting Officer Produce and Market Fresh Division DLA Troop Support Subsistence