SPE7LX17D0077 - reviewed_Redacted.pdf

Controlled by: DLA Land & Maritime Controlled by: SAPD(Z)

CUI Category: Source Selection Distribution/Dissemination Control: FEDONLY

POC: Dena Vernon dena.vernon@dla.mil, 614-692-3449

JUSTIFICATION FOR OTHER THAN

FULL AND OPEN COMPETITION

CONTRACTING ACTIVITY: DLA Land & Maritime, SAPD PROGRAM/PROJECT: Two-month Sole Source Contract Extension Using Terms and Conditions of

SPE7LX-17-D-0077

AUTHORITY: 10 U.S.C. 2304(c) (1), as implemented by FAR 6.302-1

CONTRACT COST:

TYPE DETERMINATION: Individual

I. CONTRACTING ACTIVITY

The contracting activity for this action is the Defense Logistics Agency (DLA), Land and Maritime, Strategic Acquisition Programs Directorate (SAPD), Basic Contract Administration Branch (ZDC) located in Columbus, Ohio. The Contracting Officer is Samuel Freidet. This is a justification for other than full and open competition.

II. NATURE AND/OR DESCRIPTION OF THE ACTION BEING PROCESSED

The purpose of this acquisition is to award a two-month sole source contract extension against SPE7LX- 15-D-0077 to Oshkosh Defense (Oshkosh), CAGE: 75Q65, on an other than full and open basis for the items for which Oshkosh is the sole approved source. Period of performance is from August 16, 2022, to October 15, 2022. The LTC is a five-year firm-fixed price contract, solicited using FAR Part 12 requirements, awarded on August 16, 2017, with Oshkosh. The products on this contract support multiple variants of Aircraft & Vehicles used by the U.S. Military services. At time of award Oshkosh was the sole approved source for all the 4954 items on contract. Thirty-six (36) items now have an approved source other than Oshkosh, therefore these items will be removed from the NSN population drawing the total down to 4918 items (Attachment #1 – OA DATA OSHKOSH 01AUG22).

Oshkosh agrees to the two-month sole source contract extension under the existing terms and conditions of SPE7LX-17-D-0077 (Attachment#2 – Possibility of Extending Period of Performance for

SPE7LX17D0077).

III. DESCRIPTION OF THE SUPPLIES/SERVICES REQUIRED TO MEET THE

AGENCY’S NEEDS

The successor project scope encompasses sole source Oshkosh items, 785 Priced (active) and 4452 Price Pending (inactive), covering not only SPE7LX-17-D-0077, but 3 other Oshkosh LTCs that are expiring in 2022. They are SPE7LX-17-D-0100 (expires 9/28/22), SPE7LX-17-D-0101 (expires 9/24/22) and SPE7LX-18-D-0016 (expires 11/27/22). The successor contract will support CONUS and OCONUS DLA Direct, Customer Direct and Foreign Military Sale requisitions. Pricing was requested in the initial phase for all 785 Priced items, with the remaining 4452 Price Pending items to be added later for pricing.

Solicitation SPE7LX-22-R-0021 issued April 4, 2022, with an extended closing of May 31, 2022 (Attachment #3 – SPE7LX22R0021 and Amendments 0001 & 0002). The solicitation closed as planned with an offer from Oshkosh. Negotiations opened on July 27, 2022, and the pre-award buyer hopes to award as many NSNs as possible by August 15, 2022, but at this time only 4 are indicated against SPE7LX-17-D-0077 (Attachment #4 – NSN Compare – Existing Contracts). Negotiations will continue for any NSNs not awarded by August 15th and proposed final award date is September 16, 2022.

CUI Category: Source Selection

Market Research Spreadsheet – Oshkosh ReAcq) which further confirmed Oshkosh as the sole approved source of supply for these items and the only interested party in regard to their November 18, 2021, Sources Sought notices.

IX. OTHER THAN FULL AND OPEN COMPETITION:

These 4918 NSNs have Acquisition Method Suffix Codes of B, C, D, G, L, P, Q, R, and Z (Attachment #1

– OA DATA OSHKOSH 01AUG22). The AMC/AMSC coding was verified by cognizant product specialists as of August 2022. Coding definitions are as follows (Attachment #7 – AMC-AMSC Codes):

B – Acquisition is restricted to source(s) specified on Source Control, Altered Item, or Selected Item drawings/document.

C – Engineering source approval by the design control activity required to maintain the quality of the part.

D - No technical data on item.

G – The Government has unlimited rights to the technical data and the data package is complete.

L - Annual buy value is below screening threshold of $10,000, however part has been screened for known sources.

P- Government doesn’t own data needed to purchase from additional sources.

Q – Government doesn’t have adequate data, lacks rights to data, or both, needed to purchase from additional sources.

R – Data or rights to use the data needed to purchase from additional sources are not owned by the Government and it has been determined that it is uneconomical to purchase them.

Z- This is a Commercial/non-developmental (off-the-shelf item). Oshkosh is the only approved source.

SPE7LX-17-D-0077 is the Governments only known contracting instrument at this time for these items and IAW FAR 6.302-1, Oshkosh is the only sole responsible source. Continued use of this LTC allows for uninterrupted support to military customers for an additional 2 months. Failure to provide the additional contract coverage time would force all requirements to the buy floor for manual processing which would significantly increase administrative lead-time (ALT), currently 1 day via EDI transactions. Increased ALT would degrade material availability and buy floor purchasing could lead to increased costs because the Government would no longer be able to rely on locked in pricing via this LTC.

X. SOURCES:

No responses have been received to SAM postings, leaving Oshkosh as the sole interested source in this two-month acquisition.

XI. ACTIONS TAKEN TO OVERCOME BARRIERS TO COMPETITION (10 U.S.C. 2304(f)

(3) (F)):

The Government will continue to conduct market research to ascertain if changes occur in the marketplace that would enable future actions for items under this acquisition to be competitive. Future acquisitions, such as the current successor project, contain a clause stating that the Government will consider alternate offers, and that alternate offerors should submit a source approval request (SAR) package which will be provided to the requisite Engineering Support Activity for review and evaluation.

CUI Category: Source Selection

XII. CONTRACTING OFFICER DETERMINATION:

Pursuant to DAG 16.191-102, the undersigned Contracting Officer makes the following determinations:

1. The action was synopsized, and the only viable response was from the incumbent contractor, Oshkosh.

2. The undersigned thoroughly reviewed the procurement history and confirms there is currently only one supplier available.

3. The items have been screened by the Product Specialist to confirm there are no other approved sources available. Items with additional sources have been removed from this action.

4. Based on the information above and robust market research related to this action and the successor contract referenced above, the undersigned Contracting Officer determines there is no outside interest and no reasonable chance of competition at the time of this extension.

The undersigned Contracting Officer determines that all required elements of DAG 16.191-102 have been met.

XIII. CONTRACTING OFFICER CERTIFICATION:

In Accordance with FAR 6.303-2(b)(12), the Contracting Officer’s signature on the Coordination and Approval Document is evidence that he has determined this document to be both accurate and complete to the best of his knowledge and belief.

CERTIFICATION/APPROVAL:

SAMUEL FREIDET/CONTRACTING OFFICER

Attachments:

Attachment #1 – OA DATA OSHKOSH 01AUG22 Attachment#2 – Possibility of Extending Period of Performance for SPE7LX17D0077 Attachment #3 – SPE7LX22R0021 and Amendments 0001 & 0002 Attachment #4 – NSN Compare – Existing Contracts Attachment #5 - SAM Sources Sought and Pre-Solicitation Notices & Baker Engineering Attachment #6 – PNM Part 12 Signed Attachment #7 – Successor Market Research & Tab 3 – Market Research Spreadsheet – Oshkosh Attachment #8 – AMC-AMSC Codes

FREIDET.SAMUEL.ISAAC.

1249677228

Digitally signed by

FREIDET.SAMUEL.ISAAC.1249677228

Date: 2022.08.10 16:13:42 -04'00'