SPE7L417R0055_-_reviewed_Redacted.pdf

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

SOLICITATION: SPE7L4-17-R-0055

[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 on other than a full and open competition basis.

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

BRIEF DESCRIPTION .NSN/P/N QUANTITY EST. VALUE AMSC

Nozzle, Fuel, Injection 2910-01-336-8213 511 Each C

Identify end item, weapon system, or class of item:

Truck, Heavy Expanded Mobility Tactical

ESTIMATED BASE VALUE

ESTIMATED TOTAL VALUE (BASE+ OPTIONS): N / A

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

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

If restricted to the only source(s) of supply, include source(s) and Cage Code:

MTU America Inc. (72582) P/N: 5234775

Oshkosh Defense LLC (75Q65) P/N: 2GE889

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

AMC 1. Suitable for competitive acquisition for the second or subsequent time

The use of the authority cited is based on:

AMSC C. This part requires engineering source approval by the design control activity in order to maintain the quality of the part. Existing unique design capability, engineering skills, and manufacturing knowledge by the qualified source(s) require acquisition of the part from the approved source(s). The approved source(s) retain data rights, manufacturing knowledge, or technical data that are not economically available to the Government, and the data or knowledge is essential to maintaining the quality of the part. An alternate source must qualify in accordance with the design control activity's procedures, as approved by the cognizant Government engineering activity. The qualification procedures must be approved by the Government engineering activity having jurisdiction over the part in the intended application. If one source is approved, AMCs 3, 4, or 5 are valid. If at least two sources are approved or if data is adequate for an alternate source to qualify in accordance with the design control activity's procedures, AMCs 1 or 2 are valid.

Per referral response from Product Specialist dated 30 January 2017, AMC/AMSC has been changed from 3C to 1C.

The Government does not own the data to compete this NSN. MTU America Inc (72582) and Oshkosh Defense

LLC.(75Q65) are the only approved sources for this NSN, because at this time they are the only sources that have been approved by the ESA to make/procure this item. The ESA is the authority to whom has to approve or deny any valid sources. The Government does not own the technical data for this item and cannot obtain the technical data economically.

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

[X] The acquisition w i l l b e s y n o p s i z e d o n F e d B i z O p s f or 15 days prior to the solicitation opening. 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).

[ ] Manufacturers of similar products identified in the market survey will be solicited.

[ X ] Dealers of the manufacturers will be solicited.

[ ] A synopsis exception cited in FAR 5.202 applies. (explain) [ X ] Other. A sources sought notice was posted on FedBizOps on 06 January 2017, with a response date of 13 January 2017. One response was received from Bailey Tool & Mfg. stating they are capable of making the NSN in question. In addition, they are JCP certified. Bailey Tool & Mfg. was added to the bid list.

6. I hereby determine that the anticipated cost to the Government will be fair and reasonable based on the following: Solicitation is for a firm fixed price contract. Recent past history exists for this item. Other than cost and pricing data will be obtained if necessary. Based on review of past history, the Contracting Officer anticipates the cost to the Government will be fair and reasonable.

7. Market Survey Questionnaire was sent to MTU America (72582), Oshkosh (75Q65), and Supply Core (4V314) via e-mail. One response was received from Supply Core, stating they no longer support this item and would not be able to supply this item. No other responses were received.

Sources Sought notification was posted on FedBizOps on 06 January 2017, with a response date of 13 January 2017. One response was received from Bailey Tool & Mfg. stating they are capable of making the NSN in question.

In addition, they are JCP certified. Contracting Officer replied to Bailey Tool & Mfg. informing them that their company would be added to the bid list.

The Contracting Officer has reviewed previous acquisitions to determine ALT, PLT, set-aside concerns, and commerciality. Previous acquisitions have been solicited under FAR Part 15.

- Previous long term contract was solicited as Unrestricted under FAR Part 15

- ALT is 67 days

- MM03 Data 1 shows PLT of record is 103 days. Based on review of past acquisition, with consideration of quantity variance, the required delivery will be 150 days.

8. 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. Item is a code and part number item and MTU America (72582) and Oshkosh Defense (75Q65) are the only known approved sources for this NSN with the proven manufacturing capacity and capability to produce the item to meet the Government’s needs. ESA approval is required to add/delete sources. The data presently available reflects the minimum needs of the Government.

9. A listing of sources, if any, indicating an interest in the acquisition is:

Bailey Tool & Mfg. (51AP7)

10. Contracting Officer has searched Records Management and Haystack. Previous J&A could not be found.

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

• The solicitation contains the DLA Land and Maritime Procurement Notes L04, Offers for Part Numbered Items, and M06, Evaluation of Offers for Part Numbered Items.

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 $700,000, this signature serves as the approval.

Georgia Shirey

Contracting Officer

[ X ] Up to $700,000

02/01/2017

Date

APPROVAL REQUIREMENTS

Contracting Officer