Redacted JA 20R0009.pdf

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

SOLICITATION: SPRAL1-20-R-0009

1 JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

SOLICITATION# SPRAL1-20-R-0009 - SOURCE SELECTION INFORMATION (SEE FAR

2.101 & 3.104)

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 for a Transmission, Mechanism for the following National Stock Number (NSN) 2520-01-574-7228 for part number 3711072. Other than full and open competition basis per FAR 6.302-1 and 10 U.S.C. 2304 (c) (1) will be utilized since after market research (FAR 10) was conducted and the Marine Corp. technical data that was presented indicates the NSN is sourced to Oshkosh Defense, LLC (75Q65). Oshkosh Defense, LLC is the only known provider of this item to meet the services’ needs. We are limiting competition to the manufacturer’s item not who can participate in solicitation as we will openly welcome competition amongst dealers/distributors.

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

Contract Line Item Number

(CLIN)

Item Name

National Stock Number (NSN)

Quantity & Unit of Issue

Estimated

Total Value

Acquisition Method Suffix Code

(AMSC)

Transmission, Mechanism

2520-01-574-7228

20, EA

B

The Transmission, Mechanism is a vehicular device designed to increase, decrease, and/or reverse the rotation between the drive and driven shaft or shafts. It may or may not include the shifting control mechanism, which changes ratios and/or direction of rotation.

Identify end item, weapon system, or class of item: DLR item from Albany, GA – Table of Authorized Material Control Number (TAMCN): D0198 – Transmission, Mechanism. Truck Cargo Vehicle - (NSN 2320-01-465- 2174): A 7-ton truck with either a box type body or a body having integral sides and front panel mounted on a chassis or articulated unit. It usually consists of a flat loading platform, tailgate, removable top bows, and tarpaulin.

It may include side extensions or stakes. A chain, an electric, hydraulic, and/or air motor, or conventional drive may power the rear wheel.

Procurement History is available for this NSN.

Previous J&A is available for this NSN – SPRAL1-18-R-0042 – Attachment #3.

ESTIMATED CONTRACT VALUE:

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.

Company

Contract#

National Stock Number (NSN)

Date

Quantity & Unit of Issue

Unit Price

Price Reasonableness

Code Oshkosh, Defense, LLC (75Q65)

SPRAL119P0039

2520-20-574-7228

5/8/19

5 EA

$62,959.56

BI

SPRAL119P0038

1 EA

SPRAL119C0030

6 EA

2 JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

Based on the technical certification that was provided by Logistics Command (LOGCOM), System Command (SYSCOM) does not own the drawings for this item to allow for full open and competition to exist. Based on SYSCOM’s technical review and certification, this item is to be procured from the sole source manufacturer, Oshkosh Defense, LLC. The technical certificate from SYSCOM is attached to this document. Oshkosh Defense, LLC is the only company known by the Government to possess the technical data necessary to manufacture this item.

5. If restricted to the only source(s) of supply include source(s) and CAGE code: NSN is sole source to Oshkosh Defense, LLC (75Q65) per DLR tech data from Albany, GA. Oshkosh Defense, LLC is the only manufacturer with technical data to manufacture this item. We are limiting competition to the manufacturer’s item not who can participate in solicitation as we will openly welcome competition amongst dealers/distributors.

The use of the authority cited is based on:

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

The use of the authority cited is based on:

(X) AMSC B. This part must be acquired from a manufacturing source(s) specified on a source control or selected item drawing as defined by the current version of DoD-STD-100. Suitable technical data, Government data rights, or manufacturing knowledge are not available to permit acquisition from other sources, nor qualification testing of another part, nor use of a second source part in the intended application. Although, by DoD-STD-100 definition, altered and selected items shall have an adequate technical data package, data review discloses that required data or data rights are not in Government possession and cannot be economically obtained. If one source is available, AMCs 3, 4, or 5 are valid. If at least two sources exist, AMCs 1 or 2 are valid.

In an effort to ensure that validation of the AMSC code assignment and sources were reviewed, WebFLIS was researched to confirm that the only source listed for this item is Oshkosh Defense LLC.

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

(X) The acquisition was synopsized on March 25, 2020.

(X) The solicitation will be posted to DIBBS for 30 days.

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

The current requirement is sole source to Oshkosh Defense, LLC. The solicitation will be solicited for 30 days. The requirement is for a quantity of (20) EA for NSN 2520-01-574-7228 for part number 3711072 for a total estimate of

In addition, the buyer will request an informal cost breakdown from offers’ to assist in deeming the price fair and reasonable, per FAR 15.403-3 - Requiring data other than certified cost or pricing data. Contracting Specialist searched Haystack for similar item for analysis with no success.

Certified Cost and Pricing data will not be required because the estimated value threshold does not exceed $2.0M per DAG 15.403-4 or DLAD 15.402-90.

8. Market Research/Efforts to Obtain Competition: A sources sought was conducted on FedBizOpps from March 5, 2020 through March 16, 2020. There were no responses received to the sources sought notice that was published for ten calendar days. A market survey was submitted via email to Oshkosh Defense, LLC and to Ruta Supplies Inc. / Cage 0NJT4, an authorized small business dealer. The market survey (consists of approximately 24 general questions). The results of the market survey will be discussed in detail under “Type of information requested”. In addition, there was no information available from Google, Amazon, GSA or EBay to support commerciality.

3 JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

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

A market survey was conducted on/during: market survey was submitted two ways. The first way was via the source sought (March 5, 2020 through March 16, 2020) which included the market survey as an attachment and allowed for non-approved sources to submit a Source Approval Request (SAR). The second way market research was conducted via the market survey that was submitted via email to Oshkosh Defense, LLC and Ruta Supplies Inc.:

March 5, 2020 through March 16, 2020.

Total number of vendors contacted: 2 (two) Names of vendors contacted and responding: Oshkosh Defense, LLC and Ruta Supplies Inc.

Techniques used to conduct survey: Email (communication) and written survey format technique.

Types of information requested:

Source sought:

A sources sought was posted in FedBizOpps on March 5, 2020 with a response day of March 16, 2020. The main purpose of source of sought was to provide an opportunity to other potential sources to manufacture this NSN in order to promote competition. Sources that are not approved for this NSN were required to submit a (SAR) to DLA Land and Maritime. Since DLA Land and Maritime does not manage this item, the SAR package would need to be submitted to LOGCOM, who manages the NSN. LOGCOM would then take the SAR information and submit it to SYSCOM since they manage the technical piece of the NSN. While the approval of the SAR would not necessarily occur for this procurement, it could be reviewed for future procurements. For this procurement, there were no SAR packages submitted.

As part of the sources sought, a market survey was included to allow potential offerors an opportunity to provide feedback on the current marketplace for this acquisition. The market survey included information about if the item was available in the commercial marketplace, EDI & MIL-STD-129 capable, company sizes, FOB & I/A information, P/N, quantity, delivery and OEM information, etc.

Types of information requested: A market survey was sent to Oshkosh Defense, LLC and Ruta Supplies Inc. via email in order to tailor our current acquisition situation under the following NSN – 2520-01-574-7228. Survey consists of approximately 24 general questions. Majority of questions involved check boxes and (yes or no) answers. The market survey included information about if the item was available in the commercial marketplace, if the contractor preferred to do business direct with the Government or via a distributor, if FOB Destination and FOB Origin would be acceptable, if the part number provided by the Marines was active and procurable and if the price supplied by the Marines was close to the current unit price. It also, included questions concerning delivery, quantity breaks, and inspection and acceptance points and if dealers quoted, and if the contractor is EDI & MIL-STD-129 markings capable.

Summary of information received:

Sources sought:

The sources sought closed without receiving any responses for vendors submitting either SAR or market survey information for this requirement. Oshkosh Defense LLC did not respond to the market research and small business dealer Ruta Supplies Inc. indicated they only bid on small business set-asides, so the acquisition moved forward with what is known. Therefore, based on the technical certificate from SYSCOM Oshkosh Defense, LLC is sole source for this NSN.

Oshkosh Defense, LLC This procurement is a code and part number 3711072 buy to Oshkosh Defense, LLC. Oshkosh Defense, LLC is a large business manufacturer per their System for Award Management (SAM) registration. Oshkosh Defense, LLC did not respond to the market research and small business authorized dealer Ruta Supplies indicated they only bid on small business set-asides, so the acquisition moved forward with what is known.