J&A_-_SPE7LX-17-R-0106_-_reviewed_Redacted.pdf

SPE7LX-17-R-0106

Justification for Other Than Full & Open Competition

(December 2011)

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

SOLICITATION SPE7LX-17-R-0106

[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 after exclusion of sources basis. This DLA Land & Maritime acquisition is for an Indefinite Quantity Contract for Filter, Fluid used on Truck, Lift, Fork Millennia Military Vehicle (MMV) and various other end items (see Attachment 1). The proposed acquisition is for DLA-managed items for which Cummins Inc. (15434), JLG Industries (1YHH8), & Oshkosh Defense, LLC (75Q65) are the approved sources of supply for this NSN. JLG Industries has been the provider of the NSN in the most recent procurements. The acquisition will include one National Stock Number (NSN) with weapon system information delineated in the next paragraph. This acquisition is being pursued to provide continued or improved supply availability to preclude backorders, reduce administrative and production lead-time (ALT and PLT), decrease potential contract administration actions, and obtain reduced and stable unit pricing.

CLIN NSN Item Name AMC AMSC QFD ADQ

Annual Demand Value

0001 2910-01-513-7690 Filter, Fluid 1 R 237 946

Identify end item, weapon system, or class of item: See Attachment 1 for a full list of end items.

ESTIMATED 3 YEAR BASE VALUE:

ESTIMATED TOTAL VALUE (3 YEAR BASE PERIOD + 2 ONE-YEAR OPTIONS):

MAXIMUM CONTRACT VALUE:

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

[ X ] 10 U.S.C. 2304(c)(1) - Available from only one or a limited number of sources.

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

Cummins Inc. (15434), JLG Industries (1YHH8), & Oshkosh Defense, LLC (75Q65) are the approved sources of supply for this NSN. Adequate data for the evaluation of alternate offers is not available at the procurement agency. The three companies provided have completed the source approval process.

If a product different from the approved part is offered by the contractor, the contractor must get their part numbers approved by going through the Alternate Offer process.

(December 2011)

CLIN NSN Item Name CAGE Part No. Annual Demand

Value

0001 2910-01-513-7690 Filter, Fluid 15434 FS 20000

1YHH8 8320277

75Q65 5KP919

The use of the authority cited based on:

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

(X) AMSC R. The Government does not own the data or the rights to the data needed to purchase this part from additional sources. It has been determined to be uneconomical to buy the data or rights to the data. It is uneconomical to reverse engineer the part. This code is used when the Government did not initially purchase the data and/or rights. If only one source has the rights or data to manufacture this item, AMCs 3, 4, or 5 are valid. If two or more sources have the rights or data to manufacture this item, AMCs 1 or 2 are valid.

Due to the criticality of these items, the Government has reserved the right to approve sources and only CAGEs 15434, 1YHH8, and 75Q65 have been approved. In addition, per the approved manufacturer parts list for these NSNs in SAP (as received from the Defense Logistics Information Service), only CAGEs 15434, 1YHH8, and 75Q65 have been identified as having the proper complete technical data and manufacturing expertise to supply the items to DLA and the using military services. Therefore, competition must be limited to offers of the product of CAGEs 15434, 1YHH8, and 75Q65. A technical review in support of a potential LTC was performed on 03/31/2017. The NSN was determined to be suitable for an LTC at that time.

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

[ X ] The acquisition will be synopsized on or about 08/26/2017.

[ X ] Dealers of the manufacturers will be solicited.

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

Certified cost and pricing data is not required based on this procurement meeting the standard for the exception at FAR 15.403-(b)(3), a commercial item is being acquired. Any acquisition of an item that the contracting officer determines meets the commercial item definition in 2.101, or any modification, as defined in paragraph (3)(i) of that definition, that does not change the item from a commercial item to a noncommercial item, is exempt from the requirement for certified cost or pricing data. A price analysis will be conducted by comparing to historical pricing, the Producer Price Index (PPI) and a learning curve analysis. Offerors may be required to provide additional information if needed for determining reasonableness of price. By using the above techniques, the Contracting Officer anticipates that the costs to the Government will be fair and reasonable.

7. Market Survey was conducted during April 2017.

(December 2011)

Total number of Vendors Contacted: 3

Names of vendors contacted that had provided offers in the past for Simplified Acquisitions and Large Purchase Contract for the listed NSN: Large business manufactures Cummins Inc. (15434), JLG Industries (1YHH8), & Oshkosh Defense, LLC (75Q65). Only one company, JLG Industries responded to the market survey and showed interested in pursuing a long term contract in initial market research. Follow up emails to Cummins Inc. and Oshkosh Defense, LLC was sent out by email on 06/28/2017, no response has been received to date from the follow up.

Name(s) of vendor(s) that responded to market survey and expressed interest in proposing on requirement: manufacturer JLG Industries is an approved sources and a large business manufacturer and provided a responses to the market surveys.

1. JLG Industries, (1YHH8):

04/13/2017, Janet Hoover provided the following results to the Market Survey:

JLG Industries is a large business manufacturer and approved source They are interested in pursuing a Long Term Contract for these items

JLG Industries parent company is Oshkosh Corporation NSN on the project is NSN is commercial;

A Sources Sought was posted to FedBizOps, posted April 12, 2017, no responses were received.

Information received regarding the commerciality of the item(s): NSN to be acquired on this solicitation/contract were determined commercial in accordance with FAR 2.101. They will be procured under FAR Part 12-Acquisition of Commercial Items. Information obtained through market research and market survey indicate that based on FAR 2.101(b) items proposed for this procurement are determined commercial.

Types of information requested: The following includes some of the information requested on the market survey: Interest in long term contract & number of years preferred, commerciality per FAR 2.101(b), FOB and zone preference, business type (large, small, SDVOSB, WOSB), and willingness to provide cost or pricing data.

Techniques used to conduct survey:

Email techniques were used to conduct the market survey.

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

(December 2011)

Additionally, in an effort to obtain competition and satisfy FAR 10.001 the solicitation will be synopsized and a copy will be furnished to any vendor expressing interest. Additional sources may be identified by the DLA Land and Maritime – Office of Small Business Programs (DU) and Small Business Administration – Procurement Center Representative (SBA-PCR), and will be solicited when practicable. A technical review was completed to ensure this NSN is not competitive. At this time, this requirement remains competitive. All interested parties will be added to the source list to be solicited.

(X) 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.

Forecast information is available to all potential sources for both sole source and competitive items.

The DLA Supplier Requirements Visibility Application (SRVA) is a database that is available via the DLA internet Bid Board System (DIBBS.) SRVA provides potential sources the opportunity to search for information on DLA’s anticipated requirements based on updated monthly forecasts. Essentially it provides 24 months of sole source and competitive projected purchase order quantities. Potential alternate sources for current sole source items can easily see DLA’s forecasted procurements and can contact the Value Management Unit to become approved sources for sole source and code and part number items. The DLA Land & Maritime Value Management Unit continually seeks out sole source, limited competition, over-priced, low reliability and hard to buy items to improve their value and support posture. The DLA Land & Maritime internet website contains information for all potential sources on how to challenge prices, how to submit a Value Engineering Change proposal, a link to DoD’s Value Engineering program and the necessary contact info for both the DLA Value Engineering program and the DoD Value Engineering program.

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

JLG Industries, (1YHH8)

The Buyer made several attempts to locate the J&A’s from the previous acquisition SPE7L514D5003. Buyer was unable to locate the J&A in Records Management and Fed Biz Opps.

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

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

(X) Source Development Review

CONTRACTING OFFICER CERTIFICATION

(December 2011)

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.

__________________________________________ 614-692-8651 ______________

Contracting Officer Phone Date

Matthew Kirk

Typed name of Contracting Officer

This justification has been reviewed for legal sufficiency:

DLA Land and Maritime Counsel Date

APPROVAL REQUIREMENTS

[X] Up to $700,000 Contacting Officer

KIRK.MATTHEW.M.

1073378261

Digitally signed by

KIRK.MATTHEW.M.1073378261

Date: 2017.07.20 14:48:18 -04'00'

Date: 2017.08.01 13:27:05 -04'00'