JA SPE7L320R0070 Redacted.pdf

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

SOLICITATION SPE7L3-20-R-0070

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

(AUG 2016)

[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 for the acquisition of supplies on other than a full and open competition basis.

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

BRIEF DESCRIPTION NSN

P/N

QUANTITY TOTAL VALUE AMSC

Vehicular Window 2510-01-651-5391/ 4055913

24/EA D

Identify end item, weapon system, or class of item: Patriot Missile System.

This is a definite quantity contract for a total quantity of 24 EA.

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.

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

Oshkosh Defense (Oshkosh) CAGE 75Q65, part number 4055913, is the only approved source.

The use of the authority cited below:

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

The use of the authority cited is based on:

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.

The Government does not have rights to the technical data. A review of the document availability code reveals that manufacturer Oshkosh is uniquely qualified to manufacture this item because they are the only owners of the technical drawings and data. On 25 June 2020, a referral was sent to Product Specialist to certify the accuracy of AMC/AMSC and the list of approved sources. Daniel replied on 26 June 2020, confirming that the AMC, AMSC, part number and approved source list was accurate and complete. Referral can be found in Records Management. This item is designated as a critical safety item (CSI). Accordingly, per DFARS 209.270, DLA is required to procure only from sources approved by the design control activity. Only the source identified above have been approved to supply this CSI.

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

[X] The acquisition will be synopsized for 15 days on 20 July 2020. At the completion of the synopsis period, the PR will be solicited on the internet for 30 days, on 5 August 2020, via the DLA Internet Bid Board System

(DIBBS).

7. This is a definite quantity contract, for a quantity of 24 each. Price analysis will be conducted using historical pricing, the Producer Price Index (PPI), and the learning curve analysis. The offeror(s) may be required to submit information other than the above data for determining price reasonableness. Based on the above techniques, Contracting Officer hereby determines that the anticipated cost to the Government will be fair and reasonable.

8. Market Research/Efforts to Obtain Competition:

There is one approved source: Oshkosh Defense (75Q65), part number 4055913. Oshkosh has quoted on previous solicitations, and was the only company to quote on them. A sources sought was posted to FBO on 25 June 2020 and closed on 30 June 2020. No companies expressed interest in the posting. Market research did not yield any readily available published catalog price lists, schedules or other form of commercial pricing that are regularly maintained and updated by a manufacturer or vendor that are available to the general public for inspection nor is there evidence of sale prices at which sales were made to a significant number of buyers constituting the general public. Previous awarded manufacturer did not indicate that this item was commercial on that solicitation. Item is specially made components for the LVSR. The design of the LVSR, and the nature of its missions, demonstrate additional requirements beyond commercially available items. No similar tractor-trailer system could be found that can survive the combat environment, and the windows are specially made for this truck using non-standard materials and drawings. Therefore, the Contracting Officer determines this item to be non-commercial and the solicitation shall be issued pursuant to FAR Part 15 procedures.

A firm fixed price contract will be issued. Material Master does not show this NSN as commercial. This item is manufactured for military use only.

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

A market survey was conducted on/during 06/25/2020 thru 06/30/2020.

Total number of vendors contacted: One, Oshkosh (75Q65).

Technique used to conduct survey: E-mailed questionnaire.

Types of information requested: Size of company, type of company, commercial status of item, if catalog/price listing info was available, is NSN a stocked item, is vendor interested in submitting an offer, approximate delivery schedule, quantity sensitivity, FOB and inspection/acceptance terms.

Oshkosh did not return the survey.

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:

Oshkosh (75Q65) based on past history.

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

[X] This solicitation will contain DLAD Procurement Notes L04 (offers for part numbered items) and M06 (evaluation of offers for part numbered items) which permit offers to quote alternate items.

Per PGI 206.304 (a)(1), the requirement states, “The justification shall include a copy of the previous justification to assist the approval authority in determining whether the planned actions to remove any barriers to competition cited on the previous justification were completed.” The only two previous procurements for this NSN were under the simplified acquisition threshold, and therefore did not require a J&A.

I hereby certify that the information contained in this justification is accurate and complete to the best of my knowledge and belief.

Joseph Brookins, Contracting Officer

BROOKINS.JOSEP

H.DOUGLAS.12398

97254

Digitally signed by

BROOKINS.JOSEPH.DOUGLAS.

1239897254 Date: 2020.07.20 07:56:56 -04'00'