JA SPE7M119R0042_Redacted.pdf

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

SOLICITATION SPE7M1-19-R-0042

DLA Land and Maritime Justification & Approval for Other than Full and Open Competition (J&A)

(April 2014)

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. The supplies will be procured using an indefinite quantity contract with a one year base and four separate option years.

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

BRIEF DESCRIPTION NSN/PN QUANTITY EST.VALUE AMSC

Pump Unit, Hydraulic 4320-01-566-8903 10-418 EA D

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

Subject NSN 4320-01-566-8903 is described as a pump unit, hydraulic. This item supports weapon system 72A which supports the Heavy Expanded Mobility Tactical Truck.

ESTIMATED BASE VALUE:

ESTIMATED TOTAL VALUE: (BASE + OPTIONS) (1 base year + 4 option years)

MAXIMUM CONTRACT VALUE:

FOR ADD-ONS, PROVIDE VALUE OF OPTION YRS REMAINING: N/A

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.

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

Actuant Corporation (1K076) P/N AU1340426 Oshkosh Defense (75Q65) P/N 3817183

The use of the authority cited is based on:

(X) AMC 3. Acquire, for the second or subsequent time, directly from the manufacturer.

[X] 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. AMCS 3, 4, or 5 are valid.

Per the Government approved source list available for this NSN in SAP, only Actuant Corporation (1K076) and Oshkosh Defense (75Q65) have been identified by the Government as having the complete technical dataset and appropriate manufacturing expertise to supply this NSN to DLA and the using military service. The weapon system indicator code is J (Reduction in effectiveness of end item). The last technical review of this item was conducted on 8/9/19 and no additional sources beyond those listed in the AMPL were identified. Based upon the technical review, only the approved sources currently listed in the AMPL have the complete technical data and manufacturing expertise to successfully manufacture this item for the Government and the using military service. The Product Specialist confirmed this information was up to date on 10/18/19.

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

(X) The acquisition will be synopsized on or about October 2019 ( ) Manufacturers of similar products identified in the market research will be solicited.

(X) Dealers of the manufacturer will be solicited.

( ) A synopsis exception cited in FAR 5.202 applies. (explain)

( ) Other (Explain) _______________________________________________________.

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

Formal C/P data will not be required because the current estimated contract price is below the threshold of $2,000,000 (FAR 15.403-4 and 10 U.S.C. 2306(a)). Offerors may be required to provide additional information for determining reasonableness of price. The buyer only intends to award this NSN when a fair and reasonable price determination can be made. The most was determined fair and reasonable through dealer competition (PRC code of BB). The Contracting Officer will conduct price analysis by reviewing historical pricing, usage of the Producer Price Index (PPI), and learning curve analysis. The Contract Specialist may ask for assistance from the DLA Land and Maritime pricing office if necessary. Negotiations may take place in an effort to comply with DoD Material Cost Reduction Initiative.

8. Market Research/Efforts to Obtain Competition:

Describe the market research conducted and the results.

Market research consisted of a review of past procurements, internet research, and market surveys. Subject NSN 4320-01-566-8903, described as a pump unit, hydraulic, and is used on weapon system 72A which supports the Heavy Mobility Expanded Tactical Truck.

Internet research revealed no further sources for this item beyond the two sources listed in the AMPL. A sources sought notice was posted to FBO on September 4, 2019. No responses were received. A review of purchase history shows that DLA has purchased this item 40 times with one cancellation. The most recent purchase was on 2/8/19 and it was awarded to Sidecar Enterprises (7JPA4). A prior J&A isn’t available, as all prior awards have used simplified acquisition procedures.

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

A market survey was conducted on/during September 18, 2019 to September 25, 2019.

Total number of vendors contacted: 8 Names of vendors contacted and responding:

Sidecar Enterprises (7JPA4) – Responded on 9/25/19 Oshkosh Defense (75Q65) – No response Standbuy Distributors (634U1) – Responded on 9/24/19 Polytechnic Industries (4K539) – No response Janel Industries (3B8L1) – No response JGILS (1N8T8) – No response Ruta Supplies (0NJT4) – No response Actuant Corporation (1K076) – No response

Techniques used to conduct survey: Posted sources sought to FedBizOpps and emailed market surveys to the listed sources, previous awardees, and contractors who quoted on the most recent award.

Types of information requested: Size of business, type of business, commerciality, interest in a long-term contract, certified cost and pricing data, and delivery.

Summary of information received:

Sidecar Enterprises responded to the market survey on 9/25/19. They are a small business, an independent dealer, they are interested in a LTC they stated the item is commercial, and

Standbuy Distributors (634U1) responded to the market survey on 9/24/19. They are a small business, an authorized dealer for the manufacturer, they are interested in a LTC

, the state that the item is not commercial, and

Information received regarding the commerciality of the item(s):

On their market survey response, Sidecar Enterprises stated that this item is commercial.

On 8/9/19, the Product Specialist made a note stating that both manufacturers confirmed that this item is sold commercially. The Contract Specialist contacted both manufacturers and Sidecar Enterprises requesting unredacted commercial sales invoices or commercial sales catalogs. All three companies were non-responsive to this request. The Contract Specialist performed an internet search of these items and found no evidence of the items being sold or offered for sale commercially. Due to a lack of evidence, this item was determined to not be commercial.

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

(X) 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, if any, indicating an interest in the acquisition is: (If none, so state) Standbuy Distributors (634U1) Sidecar Enterprises (7JPA4)

11. In addition to the specific actions being taken by Technical Support personnel to overcome barriers to competition before any subsequent acquisitions or recertification of class determination are made, this item is subject to the following methods of locating additional sources:

(X) The solicitation contains the provision entitled Conditions for Evaluation and Acceptance of Offers for Part Numbered Items

(X) Other: Clauses L04 and M06 will be included in this solicitation.

DLA Land and Maritime Justification & Approval for Other than Full and Open Competition (J&A) (April 2014)

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 $700,000, this signature serves as the approval.

__________________________________________ 614-692-7996 /19 Contracting Officer Phone

Date

Elizabeth Beechey____________________________ Typed name of Contracting Officer

Approval/Certification

I have reviewed and approve this justification. The estimated total value of the J&A is

Competition Advocate Phone Date Signature

APPROVAL REQUIREMENTS

( ) Up to $700,000 Contracting Officer

(X) $700,000 to $13,500,000 Competition Advocate

( ) $13,500,00 –$93,000,000 Head of the Contracting Activity (HCA)

( ) over $93,000,000 Senior Procurement Executive (AQ)

BEECHEY.ELIZABETH.

E.1230201656

Digitally signed by

BEECHEY.ELIZABETH.E.1230201656

Date: 2019.11.06 15:00:58 -05'00'

SHEARER.MARY.E.1250702449 Digitally signed by SHEARER.MARY.E.1250702449

Date: 2019.11.08 13:03:56 -05'00'