Redacted_J&A.pdf

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

PR 0063070690; SOLICITATION SPE7L416R0167

NSN 2590-01-370-2861

September 29, 2016

SOURCE SELECTION INFORMATION – SEE FAR 2.101 AND 3.104

FOR OFFICIAL USE ONLY

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:

This solicitation is for 14 pieces/28 pieces with 100% option of NSN 2590-01-370-2861, “HOIST UNIT, HYDRAULIC VEHICULAR”. The AMC/AMSC code for this item is 2C. The solicitation has an estimated base value of with option.

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. The sole sources for this item are: GROVE U.S. L.L.C DBA MANITOWOC (12361)

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

GROVE U.S. L.L.C DBA MANITOWOC 12361 P/N 2-195-9-00573

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

AMC 2: Suitable for competitive acquisition for the first time.

AMSC C: This part requires engineering source approval by the design control activity in order to maintain the quality of the part. The approved source has retained the data rights An alternate source must qualify in accordance with the design control activity's procedures, as approved by the cognizant Government engineering activity. Grove US LLC is the only sources with the data.

The Product Specialist confirmed the AMC code of C on May 11, 2016 and the information is contained under tab 3 of the file.

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

The acquisition will be synopsized on or about 08/31/2016, and will run for 15 days. At the completion of the synopsis period, the PR will be solicited on the internet for 30 days, via the DLA Internet Bid Board System (DIBBS).

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

Past procurement history will be reviewed, and a PPI price analysis will be performed.

Based upon past contract history, it is anticipated that the award will be determined fair and reasonable based on competition between small business dealers of the OEM.

8. Market Research/Efforts to Obtain Competition:

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

A market survey was conducted during August 2016 and a Sources Sought notice was issued May 2016.

There were no responses received in regards to the Sources Sought.

NSN 2590-01-370-2861

September 29, 2016

SOURCE SELECTION INFORMATION – SEE FAR 2.101 AND 3.104

FOR OFFICIAL USE ONLY

Total number of vendors contacted: Five Names of vendors contacted and responding: BAE Systems, Brighton Cromwell, Kirby-

Smith, Melton’s, and Manitowoc.

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

Types of information requested:

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

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

Summary of information received: BAE Systems responded and stated they were not interested in the procurement and they have never provided the item and were not competitive. The Product Specialist removed them as a source of supply after confirming with them, that they could not and would not provide it. Brighton Cromwell responded and stated they were interested in the procurement; they were a small business dealer.

Kirby-Melton responded with interest in the procurement, they stated they were a small business dealer, and Manotowoc had a tier pricing structure to its dealers. Melton’s was a sent a market survey and they did not respond.

Manotowoc did not respond to the request.

As this item does not meet the definition of a commercial item, per FAR 2.101, it is determined to be non-commercial.

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

• 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 are:

• Brighton Cromwell, Kirby-Smith

11. In addition to the specific actions being taken by Technical Support personnel to overcome barriers to competition before any subsequent acquisitions or recertification of class determination are made, this item is subject to the following methods of locating additional sources:

• The solicitation contains the provision entitled Conditions for Evaluation and Acceptance of Offers for Part Numbered Items

NSN 2590-01-370-2861

September 29, 2016

SOURCE SELECTION INFORMATION – SEE FAR 2.101 AND 3.104

FOR OFFICIAL USE ONLY

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 $650,000, this signature serves as the approval.

Contracting Officer Phone Date

Mindy R Messerly Typed name of Contracting Officer

DSCC Land and Maritime Legal-G Date

614-692-4874 09/29/2016 c002343 Signature

Date: 10-19-16