SPE7L316Q0516_-_J&A_Redacted.pdf

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

SOLICITATION SPE7L316Q0516

4/18/2016

DLA Land & Maritime Justification for Other Than Full & Open Competition (April 2014)

SOURCE SELECTION INFORMATION – SEE FAR 2.101 AND 3.104

FOR OFFICIAL USE ONLY

[X] 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/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:

Nomenclature NSN AMSC End Item/ Weapon System

MAINTENANCE KIT,VEH 4910 015914489 3D MAINTENANCE KIT,VEH

Quantity Option % Qty w/ Option 388 200% 1164

Estimated Price Option % Estimated Price w/ Option 200%

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.

Brief narrative supporting the situation and weapon system:

The only approved sources for this item are:

OSHKOSH DEFENSE, LLC (75Q65)

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

OSHKOSH DEFENSE, LLC (75Q65)

The use of the authority cited in other than 10 U.S.C. 2304(c) (1) above:

Technical data provided by the PR Trailer was confirmed by the Product Specialist (PS), on 1/13/16. The PR Trailer indicated that only the sources cited above have been approved to provide this part, and are the only sources that have been approved to produce this item.

The PS stated that the ESA has no pending source approval requests at this time.

[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.

SOLICITATION SPE7L316Q0516

4/18/2016

DLA Land & Maritime Justification for Other Than Full & Open Competition (April 2014)

SOURCE SELECTION INFORMATION – SEE FAR 2.101 AND 3.104

FOR OFFICIAL USE ONLY

A review of the document availability code reveals that the drawings for this item cannot be made available to the general public. The OEM and sole source OSHKOSHH DEFENSE, LLC (75Q65) is uniquely qualified to manufacture this item because they are the only owners of the technical drawings and data.

On 1/13/16, the Product Specialist (PS) confirmed the AMC/AMSC code of: 3D The PS also explained that the listed sources poses propriety knowledge that made them uniquely qualified to make this item.

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

[X] The acquisition will be synopsized on or about 5/18/16 [X] Dealers of the manufacturers will be solicited.

[X] Other: Sources Sought notice posted to FedBizOpps on: 4/18/16

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

A price analysis will be conducted using historical pricing, the Producer Price Index (PPI), and the learning curve analysis. The offeror(s) may be required to submit information other than the above data for determining price reasonableness. Based on the above techniques, the Contracting Officer anticipates the costs to the Government will be fair and reasonable.

This item has been determined commercial; the acquisition will be following 13.5 procedures.

8. Market Research/Efforts to Obtain Competition:

A Sources Sought Notice was posted on FedBizOpps, in accordance with PGI 206.302 1, seeking to identify potential sources of supply for NSN 4910015914489. The Sources Sought Notice was posted on 2/8/16, with a response date of 2/23/16. No response was received by contract specialist Stephen Shaw.

As this NSN has an AMSC of “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.

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

[X] A market survey was conducted on/during 1/7/16

1. Total number of vendors contacted: two sources, including past awardee’s and bidders.

2. Names of vendors contacted and responding:

OSHKOSH DEFENSE, LLC (75Q65)

SOLICITATION SPE7L316Q0516

4/18/2016

DLA Land & Maritime Justification for Other Than Full & Open Competition (April 2014)

SOURCE SELECTION INFORMATION – SEE FAR 2.101 AND 3.104

FOR OFFICIAL USE ONLY

RUTA SUPPLIES (0NJT4)

3. Techniques used to conduct survey: The market survey was conducted by e mail.

4. Types of information requested:

Size of business Manufacturer or dealer Whether stock is on hand, or will need to be manufactured.

Commerciality Estimated delivery Whether or not item is quantity/price sensitive

Summary of information received:

One response received, from RUTA (0NTJ4) Ruta indicated that they would be interested in offering on this procurement, and that they

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

Ruta indicated that this item is not commercial.

An Internet search was conducted using BOM provided by the Product Specialist. The BOM showed that this MAINTENANCE KIT,VEH is actually comprised of 35 NSN’s and 177 individual items. The majority of which could be found on the commercial market.

This item was determined to be “Commercial of a Type”

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:

RUTA SUPPLIES (0NJT4)

11. The 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 (52.217 9002).

[X] Other: A sources sought notice was posted to FedBizOpps on 2/8/16 with a response date of 2/23/16. Solicitation will be synopsized in FedBizOpps and will be available in DIBBs.

Per PGI 206.304 (a)(1), the requirement states that “the justification shall include a copy of the previous justification to assist the approval authority in determining whether the planned

SOLICITATION SPE7L316Q0516

4/18/2016

DLA Land & Maritime Justification for Other Than Full & Open Competition (April 2014)

SOURCE SELECTION INFORMATION – SEE FAR 2.101 AND 3.104

FOR OFFICIAL USE ONLY

actions to remove any barriers to competition cited on the previous justification were completed.”

o The previous contract for subject NSN was: SPE7L315C0087. It was awarded on 8/14/15 for a total contract value of: $245,711.70.

The J&A for that contract has been attached.

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.

Contracting Officer Phone Date

Erik Snow____________________ Typed name of Contracting Officer

Competition Advocate Signature Date

APPROVAL REQUIREMENTS

[ ] Up to $700,000 Contracting Officer

[X] $700,000 to $13,500,000 Competition Advocate

[ ] $13,500,000 to $93,000,000 Head of Contracting Activity (HCA)

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

C t ti Offi

2-9167 2016062_______________