JA SPE7LX24RX032 Redacted.pdf

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

SOLICITATION SPE7LX24RX032

DLA Land and Maritime J&A Other Than Full and Open Competition 1

ORIGINAL

1. The Defense Logistics Agency, DLA Land and Maritime, is the contracting activity.

2. The action being approved is the acquisition of supplies on an other-than full and open competition basis. FAR 13.5 procedures are being used for an Indefinite Delivery Contract with a 1-year base period and 2 one-year option periods.

3. The supplies required to meet the using activity's needs are shown below.

NSN Data:

NSN 2940014718151, INTAKE FILTER ELEMENT

AMC/AMSC=1-R: Procured by Approved CAGES and part numbers

Approved Part Numbers:

CAGE MANUFACTOR PART_NUMBER

75Q65 OSHKOSH DEFENSE, LLC 4HA579

76700 CUMMINS FILTRATION INC. 871265A

Identify end item, weapon system, or class of item: Various Armored Military Trucks, including the Oshkosh MTVR 7 Ton Dump Truck

ESTIMATED ANNUAL DOLLAR VALUE: $

ESTIMATED BASE VALUE (1-Year Base Period): $

MAXIMUM CONTRACT VALUE: $

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

10 U.S.C. 3204(a)(1) - Available from only one or a limited number of sources.

5. A demonstration that the proposed contractor’s unique qualifications or the nature of the acquisition requires use of the authorities cited in paragraph 4:

This filter element is used on heavy-duty armored military trucks, and the current approved sources are OSHKOSH DEFENSE, LLC (75Q65) and CUMMINS FILTRATION INC (76700).

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. Therefore, the approved part numbers must be procured to ensure proper functioning of the trucks.

The Product Specialist certified that the technical information, including the approved source and AMC/AMSC codes, is complete and accurate on 1/23/2024. The PS also certified that DLA does not possess adequate data, lacks rights to data, and has no record of an alternate approved source.

The data presently available reflects the minimum needs of the Government.

The procurement item descriptions (PIDs) are included as Attachment 1.

DLA Land and Maritime J&A Other Than Full and Open Competition 2

The use of the authority cited is based on:

AMC 1. Suitable for competitive acquisition for the second or subsequent time.

AMSC R. The Government does not own the data or the rights to the data needed to purchase this part from additional sources. It has been determined to be uneconomical to buy the data or rights to the data. It is uneconomical to reverse engineer the part. This code is used when the Government did not initially purchase the data and/or rights. If only one source has the rights or data to manufacture this item, AMCs 3, 4, or 5 are valid. If two or more sources have the rights or data to manufacture this item, AMCs 1 or 2 are valid.

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

The acquisition will be synopsized on or about 4/28/2024 for about 31 days (through the closing date of the solicitation). On its Issue Date, on or about 4/29/2024, the solicitation will be posted to DIBBS for 30 days for other interested businesses to access.

A sources sought notice was posted on 2/6/2024 for 5 business days to locate sources interested in becoming approved sources and companies who wish to participate in this solicitation by providing the approved parts.

7. I hereby determine that the anticipated cost to the Government will be fair and reasonable.

Cost or pricing data will not be required, since these items will be solicited using commercial procedures, which satisfies the exception for cost or pricing data listed at FAR 15.403-1 (b) (3).

However, other information will be requested if needed. Per FAR 15.404-1(a)(2), a price analysis will be conducted. The price analysis will be performed using pricing from past procurements, which were determined fair and reasonable. That pricing will be adjusted by Producer Price indexes (PPIs) and learning curve analysis, as necessary, for comparison with proposed prices for this procurement. Negotiations will be held if needed. Other techniques may be applied as needed.

By using the above techniques, the Contracting Officer anticipates that the cost to the Government will be fair and reasonable.

8. Market Research/Efforts to Obtain Competition:

The sources-sought notice was posted on 2/6/2024 looking for sources interested in becoming approved sources and companies who wish to participate in this solicitation by providing the approved parts. The notice closed on 2/13/2024, and no responses were received.

The Strategic Sourcing Specialist sent market surveys by email on 1/19/2024 to 0NJT4 Ruta Supplies Inc., 0W778 CU Enterprises, 1N0P1 Equip Parts Sales, 7N929 Pride Electronics, and 75Q65 Oshkosh Defense. No responses were received.

The assigned LTC buyer followed up with Ruta by telephone on 2/2/2024. Ruta is the company that held the past LTC SPE7LX22D0060; this NSN was removed from the LTC because of

DLA Land and Maritime J&A Other Than Full and Open Competition 3 drastic price increases during heavy inflation. Ruta has also supplied the purchase orders that were awarded since removal from the LTC. Ruta is interested in a LTC

Contracting Officer Market Research: The Contracting Officer did online research for this specific item and found it listed on the Oshkosh Equipment Sales website (attached to MRCDM, Attachment 2 of this J&A). There were also other listings for this part.

Commercial Determination: As documented in the MRCDM, the Product Specialist already included Tech STO ZD074, “THIS ITEM IS IDENTIFIED AS A COMMERCIAL ITEM - (TO INCLUDE 'COMMERCIAL OF A TYPE')” in the Procurement Item Description (Attachment 1). The Contracting Officer hereby determines the items being procured to be commercial “of a type” in accordance with the definition at FAR 2.101.

FAR 2.101

“Commercial Product” means

(1) Any item, other than real property, that is of a type customarily used by the general public or by non-governmental entities for purposes other than governmental purposes, and-

(i) Has been sold, leased, or licensed to the general public; or

(ii) Has been offered for sale, lease, or license to the general public.

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

The Product Specialist certified (Attachment 3) that DLA does not possess adequate data, lacks rights to data, and/or has no record of an alternate approved source. The data presently available reflects the minimum needs of the Government.

10. A list of business sources indicating an interest in the acquisition:

Ruta Supplies Inc. (0NJT4) – Small Business dealer

11. Actions being taken to overcome barriers to competition:

DLAD Procurement Notes L04, Offers for Part Numbered Items, will be included in the solicitation. Provision M06, Evaluation of Offers for Part Numbered Items, will also be included.

12. There prior J&A is attached (Attachment 4).

Attachments:

1 LTC PID Pkg SPE7LX24RX032

2 MRCDM SPE7LX24RX032

3 Tech Cert 4 Prior J&A SPE7LX22D0060

DLA Land and Maritime J&A Other Than Full and Open Competition 4

CONTRACTING OFFICER CERTIFICATION & APPROVAL

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

614-692-9252

REBECCA S. HALTEMAN Date Phone Contracting Officer

APPROVAL REQUIREMENTS

(X) Up to $750,000 Contracting Officer

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

( ) $15,000,00 –$100,000,000 Head of the Contracting Activity (HCA)

( ) over $100,000,000 Senior Procurement Executive (AQ)

HALTEMAN.REBE

CCA.S.1273657475

Digitally signed by

HALTEMAN.REBECCA.S.127365

Date: 2024.04.02 13:45:39 -04'00'