J&A_6.302-1c_SPE7L318P4351.pdf

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

SOLICITATION SPE7L317Q0468

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

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.

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

Nomenclature NSN AMSC End Item/ Weapon System Maintenance Kit, Vehicular 4910-01-590-6434 3 D Truck, Wrecker, LVSR – 1PM

Quantity Option % Qty w/ Option 300 100% 600

Estimated Price Option % Estimated Price w/ Option 100%

4. The statutory authority permitting other than full and open competition is:

10 U.S.C. 2304(c)(1) - Available from only one or a limited number of sources.

This item is a maintenance kit for the new Logistics Vehicle System Replacement (LVSR) MKR15 Truck, Wrecker

5. The only approved source for this item is from:

Oshkosh Defense, LLC (75Q65) P/N 95SK318

Any AMSC codes referenced below includes a condensed version of the AMSC descriptions. The full text is available at DFARS PGI 217.7506 Part 2.

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

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.

The Product Specialist (PS) confirmed the AMC/AMSC Code on 5/23/17, also stating there are no pending source approval requests. The Government does not own any data on this item, it is proprietary to Oshkosh Defense. At this time, Oshkosh Defense is the only uniquely qualified vendor with the data necessary to manufacture this item.

SOLICITATION SPE7L317Q0468

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

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

[X] Sources Sought notice posted to FedBizOpps on by SAPD: 1/23/17 through 1/30/17. No additional vendors expressed an interest in this solicitation on FBO. There were no additional vendors listed in FBO on the interested vendor’s page.

[X] The acquisition was simultaneously synopsized on or about 6/7/17 on FEDBIZOPS (FBO) for approximately ten days per FAR part 13.5 procedures.

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 is considered commercial and the requirements for certified cost and pricing data are not applicable per FAR 15.403-1(b)(3). IAW DFARS PGI 6.3, prior Justification and Approval for other than Full and Open Competition documentation is available.

8. Market Research- 10 U.S.C. 2304(f)(3)(D)

Market Survey to Obtain Competition was conducted from 3/8/17 to 3/13/17 by SAPD.

Two Vendors were contacted by – Oshkosh Defense (75Q65) – large business and Ruta Supplies (ONJT4), a small business. Ruta Supplies (0NJT4) was the only vendor that returned the market survey. Oshkosh Defense (75Q65) provided a parts list and information to support the Contracting Officers determination of commerciality for this item. The Contract Specialist researched internet sites to confirm the part numbers provided by Oshkosh.

Types of information requested on the market survey: Business size, delivery, commerciality, hazardous material, FOB, inspection, minimum quantity, available cost and pricing data. Market survey was emailed to approved sources and previous offerors.

Ruta stated that they would provide a proposal if the solicitation was a small business set-aside.

9. Additional facts supporting other than full and open competition: Based on the technical certification on file in DLA Land & 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. The following actions are being taken to identify additional sources:

This solicitation contains the DLAD Procurement Notes entitled “Offers for Part Numbered Items (L04) and “Evaluation of Offers for Part Numbered Items (M06).

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 actions to remove any barriers to competition cited on the previous justification were completed. The previous J&A is included.

SOLICITATION SPE7L317Q0468

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

11. A list of the sources, if any, that expressed, in writing, an interest in the acquisition:

Ruta Supplies (ONJT4) - Oshkosh Defense (75Q65)

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.

BRUBAKER.SUNSH Digitally signed by

BRUBAKER.SUNSHINE.S.1166065174

INE.S.1166065174 Date: 2018.03.01 10:55:49 -05'00'

Contracting Officer Date

APPROVAL/CERTIFICATION

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

Competition Advocate Signature Date

APPROVAL REQUIREMENTS

[X] Up to $700,000 Contracting Officer

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

Attachments #1 – J&A from SPE7L116M3665

COUTURE.MAR

Y.E.1230253613

Digitally signed by

COUTURE.MARY.E.1230253613

Date: 2018.03.08 13:03:38 -05'00'