J A6.302-1SPE7LX15R0124.pdf

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

SOLICITATION SPE7LX15R0124

DPACS pdp127 (JUNE 12)

Original - Solicitation

1. The Defense Logistics Agency, DLA Land and Maritime, is the contracting activity.

2. The action being approved is the acquisition of supplies on an other-than a full and open competition basis.

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

NSN ADV ADQ

Del.

Order Min

Del.

Order Max

AMC AMSC PIC QCC

5 Years Value

4910015914454 $1,077,225.00 1,250 78 1,250 3 D 2 DAA

4910016194329 $1,446,750.00 1,929 121 1,929 3 D 2 DAA

Estimated Annual Value (ADV)

The approved part numbers are:

NSN 4910015914454, Oshkosh (75Q65) part number: 5SK334 NSN 4910016194329, Oshkosh (75Q65) part number: 4121314

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

This requirement is in support, but not limited to the Mine Resistant Ambush Protectant All-Terrain Vehicle (M-ATV)

ESTIMATED ANNUAL DEMAND VALUE:

MAXIMUM CONTRACT VALUE:

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.

5. A demonstration that the proposed contractor’s unique qualifications or the nature of the acquisition requires use of the authority cited in paragraph 4: Oshkosh Defense (75Q65, formerly 45152) is the original equipment manufacturer and the only approved source.

Further, Oshkosh Defense is the only company that possesses the technical data to make these items. Each of these items is a vehicle maintenance parts kit specifically for the M- ATV. A copy of the complete Procurement Item Descriptions for each item is included as Attachment 1.

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

AMSC D. The data needed to produce the items from additional sources is not physically available.

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

The Pre-Solicitation Notice will be synopsized on or about 14 July 2015. A sources sought synopsis was posted on 10 March 2015.

7. I hereby determine that the anticipated cost to the Government will be fair and reasonable. Cost or pricing data will not be required as the items contained on this project have been determined commercial items in accordance with FAR 2.101 and, therefore, meet exception 15.403-1(b)(3). Commercial procedures will be utilized in accordance with Federal Acquisition Regulations (FAR) Part 12. However, per FAR 15.404-1(a)(2), a price analysis will be conducted. The price analysis will be conducted using historical pricing determined fair and reasonable for the same or similar items, the Producer Price index (PPI) and learning curve analysis. Commercial price documentation has already been obtained and will be incorporated into the fair and reasonable determination. Additional information, such as other-than cost data, will be obtained from the offeror(s), as necessary. By using the above techniques, the Contracting Officer anticipates that the costs to the Government will be fair and reasonable. This procurement will be for three-year base period and two one-year option periods.

8. Market Research/Efforts to Obtain Competition:

Oshkosh Defense (75Q65) is the only approved source. A sources-sought synopsis was posted to FedBizOpps for these two NSNs, and a response was received from Brighton Cromwell stating that they are working with the DLA Land and Maritime Value Engineering Office to become an approved source. The company representative stated that he anticipates that approval will come by the end of 2015. Because of the urgent need and high demands for these items, the Government is electing to move forward with this solicitation despite the sources sought response. However, in the event Brighton Cromwell gets approved, these items may be removed from the resulting long-term contract and re-competed on a new long term contract project.

Information received regarding the commerciality of the items: The approved source of supply, Oshkosh, responded and said the NSNs/Items are commercial. Each NSN is a vehicle maintenance parts kit and has multiple component parts. Oshkosh has provided commercial documentation: copies of commercial invoices or internet websites with pricing for the individual components.

Past supplier, Ruta Supplies, an authorized dealer for Oshkosh, expressed interest in the solicitation if Oshkosh Defense does not submit a proposal directly.

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 is:

Oshkosh Defense (75Q65), Ruta Supplies (0NJT4), Brighton Cromwell (3NNX8)-however, Brighton Cromwell is not yet an approved source, refer to market research information regarding this.

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, and the sources-sought synopsis invited potential sources to provide information in this provision during the upcoming synopsis of these requirements.

As a result of the sources-sought synopsis, a response was received from Brighton Cromwell stating that they are working with the DLA Land and Maritime Value Engineering Office to become an approved source. The company representative stated that he anticipates that approval will come by the end of 2015. Because of the urgent need and high demands for these items, this acquisition will proceed with only the current approved source. However, if and when Brighton Cromwell becomes an approved source, the NSN(s) may be removed from the resulting contract.

Attachment:

1 - Procurement Item Descriptions