SPE7L419R0060_-_reviewed_Redacted.pdf

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

SOLICITATION: SPE7L4-19-R-0060

[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 662 Each C

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

MISSILE, PATRIOT

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

MTU America Inc. (72582) P/N: R-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 telecon with Product Specialist on 06 May 2019, AMC/AMSC of 1C has been verified. 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 known to possess the technical data/data rights for this item..

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 01 May 2019, with a response date of 08

May 2019. No responses were received.

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), Central Power Systems

(0PJT5), and Penn DDA (62860) via e-mail. One response was received as shown below:

MTU America Inc (72582)

Quoting as LB Manufacturer

Quoting Robert Bosch as the actual manufacturer/per MTU America, Robert Bosch manufactures the item for MTU America

States item is commercial, but did not provide sales history

Sources Sought notification was posted on FedBizOps on 01 May 2019, with a response date of 08 May

2019. No responses were received.

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 165 days

MM03 Data 1 shows PLT of record is 152 days. Based on review of past acquisitions, with consideration of quantity variance and Market Survey results, the required delivery will be 90 days.

The contracting officer reviewed this NSN and has determined this item is not a commercial item;

therefore, FAR Part 12 procedure will not be utilized. This item will be solicited under FAR Part 15. The following factors have led to this conclusion:

The Commercial off the shelf (COS) field in the CTDF (EBS transaction MM03) is “Yes” but there is no Commercial Sales History.

Review of Material Master indicates that this item is a Code/PN item supplied by the following approved sources:

MTU America Inc DBA (72582)

Oshkosh Defense LLC DBA (75Q65)

Review of the Internet does not show evidence that this item is available on the commercial market.

Response to Market Survey from MTU America states item is commercial, but they are not able to provide invoices/price lists.

Per FAR 12.205, a review of the item population shows that for the items being procured under this initiative, there is not generally product literature available in the industry to determine its adequacy for purposes of evaluation.

Based on the aforementioned information the Contracting Officer has determined that this item is not a commercial item

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:

MTU America Inc (72582)

10. DFARS PGI (Procedures, Guidance and Information) 206.303 and 206.304 states that justifications citing the authority at FAR 6.302-1 to permit the use of other than full and open competition shall include a copy of a previous justification. Contracting Officer has searched Records Management for previous J&A’s. Previous J&A (SPE7L4-17-R-0147) is attached.

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.

______05/21/2019____

Georgia Shirey Date

Contracting Officer

APPROVAL REQUIREMENTS

[ X ] Up to $700,000 Contracting Officer