Redated_JA.pdf

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

SOLICITATION: SPRAL1-21-R-0017

1 JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

SOLICITATION# SPRAL1-21-R-0017 - 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 an Engine, Diesel for the following National Stock Number (NSN) 2815-01-598-7154 for part number 95SK407. 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)

Engine, Diesel

2815-01-598-7154

5, EA

$366,896.30

D

The Engine Diesel is a reciprocating internal combustion engine in which the power necessary to produce motion of the mechanism is obtained by igniting a compressed fuel and air mixture within the cylinder or cylinders by extreme heat resulting from compression. The engine consists of a cylinder block assembly complete with cylinder head(s) and oil pan(s). It may include attachments or accessories, such as starter motor, transmission for auxiliary equipment, clutch, oil filter, flywheel, flywheel housing or battery charging generator. A fuel tank is not included.

Identify End Item, weapon system, or class of item:

Table of Authorized Material Control Number (TAMCN) is D00527K: Truck Cargo, 22.5 TON, 10X10, (Logistics Vehicle System Replacement (LVSR), MKR18. This cargo truck has a 22.5-ton (20412 kg) on-road/16.5-ton (14969 kg) off-road payload and 600 horsepower diesel engine, it has the capacity and power to carry whatever the mission requires. It can haul flatracks, ISO containers, bridging equipment, boats, and fuel containers. And it even loads and unloads flatracks from trailers towed by the LVSR. All adapters and lift hardware are stored on the vehicle, providing immediate operational availability. The LVSR complements the Medium Tactical Vehicle Replacement (MTVR) fleet, creating a logistical tandem that ensures the continued maneuverability of forces.

Procurement History is available for this NSN.

Company

Contract#

National Stock Number (NSN)

Date

Unit of Issue

Unit Price

Price Reasonableness

Code Oshkosh Defense, LLC (75Q65)

SPRAL119C0037

2815-01-598-7154

06/10/19

9, EA

$80,697.87

BI

ESTIMATED CONTRACT VALUE: $366,896.30

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.

2 JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

SOLICITATION# SPRAL1-21-R-0017 - SOURCE SELECTION INFORMATION (SEE FAR

2.101 & 3.104)

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) for part number 95SK407 per DLR tech data from Albany, GA. Technical information was certified as complete and accurate by the product specialist via attached DLR Technical Certification dated February 2, 2021. 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 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.

Technical information, including the AMC/AMSC codes and approved source, was certified as complete and accurate by the product specialist via attached DLR Technical Certification dated February 2, 2021. Oshkosh Defense, LLC physically has in its possession sufficient, accurate, and legible data to manufacture this item and this information is not available to the Government. We are limiting competition to the manufacturer’s item not who can participate in solicitation as we will openly welcome competition amongst dealers/distributors. 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 29, 2021 for 15 days. 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) Other. (Explain): A Source Sought Notice (SSN) posted to beta.SAM.gov from February 18, 2021 to March 4, 2021, with no responses received.

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 (5) EA for NSN 2815-01-598-7154 for part number 95SK407 for a total estimate of $366,896.30 ($73,379.26 each).

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.

Based upon the above techniques, the Contracting Officer hereby determines that the anticipated cost to the Government will be fair and reasonable.

3 JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

SOLICITATION# SPRAL1-21-R-0017 - SOURCE SELECTION INFORMATION (SEE FAR

2.101 & 3.104)

8. Market Research/Efforts to Obtain Competition: A sources sought was conducted on beta.SAM.gov from February 18, 2021 through March 4, 2021. 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. 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”.

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

(X) A market survey was conducted on/during February 18, 2021 through March 4, 2021.

Total number of vendors contacted: 1 (one) Names of vendors contacted: Oshkosh Defense, LLC Techniques used to conduct survey: Source Sought notice and email communication with market survey attached.

Types of information requested: A sources sought was posted in beta.sam.gov on February 18, 2021 with a response day of March 4, 2021. 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 Source Approval Request (SAR) to DLA Land and Maritime. DLA Land and Maritime does not manage this item; therefore, the SAR package is submitted to LOGCOM who manages the NSN. LOGCOM would then submit the SAR information to SYSCOM, since they manage the technical portion of the NSN. While the approval of the SAR would not necessarily occur for this procurement, the SAR could be reviewed for future procurements. For this procurement, there were no SAR packages submitted. Additionally, a market survey was included with the NSN to allow potential offerors an opportunity to provide feedback on the current marketplace for this acquisition. The market survey included but not limited to information regarding commerciality, EDI, MIL- STD-129 capability, company size, FOB, Inspection and Acceptance, part number, quantity, delivery, and OEM information.

Summary of information received: The sources sought closed without receiving any responses for vendors.

Oshkosh Defense, LLC This procurement is a code and part number 95SK407 buy to Oshkosh Defense, LLC. Oshkosh Defense, LLC is a large business manufacturer per their SAM registration and their completed market survey. Oshkosh Defense, LLC responded to the market survey via email February 24, 2021. Oshkosh Defense, LLC stated they do not carry this item in stock, item is not quantity sensitive, and the item does not contain hazardous material.

Quantity ranges, options, or zone pricing are not applicable for this requirement. Oshkosh Defense, LLC is willing to quote FOB origin with inspection acceptance at origin. Oshkosh Defense, LLC stated the item is commercial. Most of the provisions selected by the contractor were: “Yes” or “No” answers. Oshkosh Defense, LLC will provide a proposal within 30 days. Oshkosh Defense, LLC stated they could provide STD- COM with MIL-STD-129 markings. They do have EDI capability.

Information received regarding the commerciality of the item(s): Oshkosh Defense, LLC stated the item is commercial in their completed market survey and FAR 2.101 the item is considered commercial. Oshkosh Defense, LLC provided a letter from the Marine Corps stating that MTVR component parts were deemed commercial (see attachment #4). The component parts are available in the commercial marketplace and/or offered for sale, lease, or license to the general public. Oshkosh Defense, LLC also stated in their completed market survey that the component parts have been determined commercial under contracts SPRDL1-19-D-0084 and SPRDL1-18-D-0001 for DLA Land Warren.

Based on this information FAR 12 procedures will be utilized.

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

4 JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

SOLICITATION# SPRAL1-21-R-0017 - SOURCE SELECTION INFORMATION (SEE FAR

2.101 & 3.104)

(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 (see Attachment 1). 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)

Oshkosh Defense, LLC

11. This item is subject to the following methods of locating 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.

12. A listing of previous J&A(s) Previous J&A is available for this NSN.

Attachment:

1. DLR Technical Certification.

2. PR Trailer (1000114141)

3. Previous J&A – SPRAL1-18-R-0048

4. MTVR Commercial Determination

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 $750,000, this signature serves as the approval.

X Maria Flowers Contracting Officer

Maria Flowers

Typed name of Contracting Officer

APPROVAL REQUIREMENTS

(X) Up to $750,000 Contracting Officer

FLOWERS.MA

RIA.Y.1228987

Digitally signed by

FLOWERS.MARIA.Y.1228

987421 Date: 2021.04.05 13:29:02 -04'00'