JA6.3021CSPE7LX24R0031.pdf

CUI

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

SOLICITATION SPE7LX24R0031

Controlled by: DLA Land and Maritime Controlled by: SAPD (ZBC)

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

POC: anna.douglass@dla.mil

DLA Land & Maritime Justification for Other Than Full & Open Competition (March 2023)

[X] ORIGINAL

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

2. The action being approved is the acquisition of supplies/services on other than a full and open competition basis.

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

CLIN BRIEF DESCRIPTION NSN

EST. ANNUAL

DEMAND QUANTITY

(ADQ)

EST. ANNUAL

DEMAND VALUE

(ADV) AMSC

0001 Air Spring, Vehicular 2510013374119 1,221 3R 0002 Converter, Catalytic 2990015763454 17 1R

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

Weapon systems supported by CLIN 0001 are Palletized Loading System (YEA) and Heavy Equipment Truck Tractor, M1070 (VQA). CLIN 0002 does not have a designated weapon system.

ESTIMATED 1 YEAR BASE VALUE:

ESTIMATED TOTAL VALUE (1 YEAR BASE + 4 OPTION YEARS):

MAXIMUM CONTRACT VALUE:

FOR ADD-ONS, PROVIDE VALUE OF OPTION YRS REMAINING

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.

Brief narrative supporting the situation and weapon system:

NSN 2510-01-337-4119 is only available from the coded source Oshkosh Defense LLC (CAGE 75Q65) under part number 1721400. At this time, only Oshkosh Defense LLC has been identified as having the data necessary to manufacturer this item and have the technical data and manufacturing knowledge necessary to ensure this item supports the military vehicle.

NSN 2990-01-576-3454 is only available from the coded sources Oshkosh Defense LLC (CAGE 75Q65) under part number 3774882 and Donaldson Co. Inc. (CAGE 18265) under part number M130157-583-190. At this time, only Oshkosh Defense LLC and Donaldson Co. Inc. have been identified as having the data necessary to manufacturer this item and have the technical data and manufacturing knowledge necessary to ensure this item supports the military vehicle.

Technical review on the NSN was completed on November 21, 2023, and certification received confirming the AMSC coding and the fact that all means to obtain a technical data package adequate for manufacture of the item had been exhausted (See Attachment 1 – Technical Certification).

The data or the rights to use the data needed to purchase these items from additional sources are not owned by the Government and it has been determined that it is uneconomical to purchase them (See Attachment 1 – Technical Certification). The approved sources of supply are the only companies known by the Government to possess the technical data necessary to manufacture these items. These items have been tested and proven to help to ensure the safety and enhance the performance of military, defense, and law enforcement professionals.

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

CLIN Contractor CAGE Part Number 0001 Oshkosh Defense LLC 75Q65 1721400 0002 Oshkish Defense LLC 75Q65 3774882

Donaldson Co. Inc. 18265 M130157-583-190

Oshkosh Defense LLC (CAGE 75Q65) (CLINs 0001 and 0002) and Donaldson Co. Inc. (CLIN 0002) are the only sources that have been identified as having the proper complete technical data and manufacturing expertise to supply these items to DLA and the using military services.

The approved CAGEs and part numbers were confirmed by checking the Procurement Item Description (PID) and the Product Master. The Product Specialist reviewed the technical information and recommended for LTC on November 21, 2023. The technical data has indicated that these items are limited to Oshkosh Defense LLC (CAGE 75Q65)(CLINs 0001 and 0002) and Donaldson Co. Inc. (CLIN 0002) as the approved sources.

The use of the authority cited below:

[X] AMC 1. Suitable for competitive acquisition for the second or subsequent time. (CLIN 0002) [X] AMC 3. Acquire, for the second or subsequent time, directly from the manufacturer. (CLIN 0001)

The use of the authority cited is based on:

[X] 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:

[X] The acquisition will be synopsized on or about January 30, 2024 for 5 days prior to the solicitation opening.

At the completion of the synopsis period, this PR will be solicited on the internet for 30 days via the DLA Internet Bid Board System (DIBBS).

[X] The approved manufacturers will be solicited.

[X] Dealers of the manufacturers will be solicited.

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

a. Certified Cost or Pricing data is not required as the NSNs have been determined commercial. Cost and pricing clauses/provisions will not be incorporated into the solicitation. The buyer only intends to award the NSNs if a fair and reasonable price determination can be made.

b. I hereby determine that the anticipated cost to the Government will be fair and reasonable based on price analysis, Producer Price Index (PPI), learning curve analysis and/or commercial pricing.

8. Market Research/Efforts to Obtain Competition:

DLA Land and Maritime conducted various forms of market research including the publishing of a formal Sources Sought notice and market survey to www.SAM.gov. In addition to the publishing of a Sources Sought notice, the Market Survey team contacted the sole source/provider for these items.

Sources Sought Notice:

The Sources Sought Notice was posted to www.SAM.gov on November 21, 2023 and closed on November 29, 2023. No responses were received.

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

The Market Survey respondents indicated that these items were not commercial. However, past procurements were issued under FAR Part 12 (CLIN 0001) and FAR Part 13.5 (CLIN 0002). Based on previous acquisitions in accordance with DFARS 212.102(a)(ii) and the buyer’s additional research, the Contracting Officer has determined that these items are commercial.

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

[X] Based upon the attached technical certification, 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) Ruta Supplies (CAGE 0NJT4) Cavanaugh Government Group, LLC (CAGE 5UY76)

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

[X] Solicitation contains DLA Procurement Note, L04 Offers for Part Numbered Items [X] Solicitation contains DLA Procurement Note, M06 Evaluation of Offers for Part Numbered Items [X] Other (Explain) Per PGI 206.304, 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”. Based on a review of the contract history, CLIN 0001 was previously on LTC contract SPE7LX17D0069 and CLIN 0002 is currently on LTC contract SPE7MX23D5028. The Justification and Approval (J&A) for Other Than Full and Open Competition for SPE7LX17D0069 (SPE7LX17R0044) (Attachment 2) and SPE7MX23D5028 (SPE7MX22RX037) (Attachment

3) are included.

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.

Patrick J. Laugherty, Contracting Officer Date

APPROVAL/CERTIFICATION

I have reviewed and approve this justification:

Competition Advocate Signature Date

APPROVAL REQUIREMENTS

[ ] Up to $750,000 Contracting Officer

[X] Over $750,000 to $15,000,000 Competition Advocate

[ ] Over $15,000,000 to $100,000,000 Head of Contracting Activity (HCA)

[ ] Over $100,000,000 Senior Procurement Executive (SPE)

Attachment(s):

1 – Technical Certification

2 – SPE7LX17R0044 J&A

3 – SPE7MX22RX037 J&A

LAUGHERTY.PATR

ICK.J.1250703704

Digitally signed by

LAUGHERTY.PATRICK.J.12507

03704 Date: 2024.01.29 12:19:52 -05'00'

WIEBUSCH.JAM

IE.1251897324

Digitally signed by

WIEBUSCH.JAMIE.1251897324

Date: 2024.02.01 12:57:30 -05'00'