SPE7LX20R0020 - reviewed_Redacted.pdf

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

SOLICITATION SPE7LX20R0020

DLA Land & Maritime Justification for Other Than Full & Open Competition

(FEB 2017)

ORIGINAL

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 Annual Demand

Qty Est. Value AMSC

Float and Rod, Flowmeter 6680011428237 1317550 1,674 3D

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

WSDC LONG NAME

72A Truck, Heavy Expanded Mobility Tactical (Hemtt) CQF Truck, Fire/Crash P15

ESTIMATED ANNUAL VALUE:

ESTIMATED TOTAL VALUE:

MAXIMUM CONTRACT VALUE:

This solicitation is for an Indefinite Quantity, Fixed Price contract, with a five (5) year base period.

Award will be made on an all or none basis per NSN for the item covered under this contract.

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.

The approved source(s):

CAGE Company Name PRT NUM 75Q65 Oshkosh Defense, LLC DBA Oshkosh 1317550

5. If restricted to the only source(s) of supply include source(s) and CAGE code: Oshkosh Defense, LLC DBA Oshkosh (75Q65) P/N 1317550 is the only known domestic source for this item. There is no indication that the ESA has a pending source request. A review of the document availability code reveals that the drawings for this items cannot be made available to the general public and manufacturer Oshkosh Defense, LLC DBA Oshkosh (75Q655) is uniquely qualified to manufacture this item because they are the only owners of the technical drawings and data at this time.

The use of the authority cited below:

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

The use of the authority cited is based on:

The following AMSC description is available in DFARS PGI 217.7506 Part 2. All AMC/AMSC codes and approved source was verified by the PS on November 5, 2019.

AMSC D. The data needed to acquire this part competitively is not physically available, it cannot be obtained economically, nor is it possible to draft adequate specifications or any other adequate, economical description of the material for a competitive solicitation. AMCS 3, 4, or 5 are valid. Oshkosh Defense is the only source that have been approved to manufacture these items. Alternate offers will be evaluated. Adequate data for the evaluation of alternate offers is not available at the procurement agency. This item has been screened and can only be procured directly from the actual manufacturer, Oshkosh Defense, CAGE 75Q65. Procuring this item through the approved source is essential to the Government’s requirements, thereby precluding consideration of a product manufactured by another company. The offeror must provide a complete data package including data for the approved and alternate part for evaluation.

CLIN NSN ITEM AMC AMSC

0001 6680011428237 Float and Rod, Flowmeter 3 D

6. Efforts to ensure that offers are solicited from as many sources as practicable are: A sources sought notice was posted on October 10, 2019 in FedBizOps. The acquisition was synopsized on November 12, 2019. Dealers of the manufacturers will be solicited. Award of this solicitation will not be held pending qualification and approval of any product or manufacturing source.

7. I hereby determine that the anticipated cost to the Government will be fair and reasonable through one, any, or all of the following: comparison of proposed prices received in response to the solicitation, comparison of proposed prices to historical prices paid, comparison of proposed prices with independent government cost estimates, comparison of proposed prices with prices obtained through market research for the same or similar items, analysis of data other than certified cost or pricing data provided by the offeror and if need be, support from the pricing branch office.

8. Market Research/Efforts to Obtain Competition:

Market Survey [10 U.S.C. 2304(f)(3)(D)]: A sources sought notice was posted on FedBizOpps (FBO) on October 10, 2019, no response was received. Market survey was conducted on October 10, 2019. 2 responses was received.

Total number of vendors contacted: 5; Drive Line Inc., CAGE 0GE52; Ruta Supplies Inc., CAGE 0NJT4; Oshkosh Defense Corp, CAGE 75Q65; Fuel Systems, Inc., CAGE 8S377; Home Safety Consultant Inc., CAGE 1HS62 The SB Ofc concurs that the only suggested approved source is Oshkosh Defense, LLC DBA Oshkosh, CAGE 75Q65.

Names of vendors contacted and responding:

Name Response

Rupta Supplies Interested in LTC.

Drive Line Drive Line will not be able to participate in this survey or in the resulting solicitation. Drive Line is not an Oshkosh distributor therefore will not have any information on this item at all.

Home Safety Consultant Inc. No response Oshkosh Defense, LLC DBA Oshkosh No response Fuel Systems, Inc No response

The most recent award in procurement history was a simplified acquisition. Therefore, a J&A was not required.

Techniques used to conduct survey: questionnaire sent via email.

Types of information requested:

Business type, size and status:

Number of employees Ideal number of base/option periods and related cost saving, annual price adjustment if any.

Type of contract whether Firm Fixed Price or Economic Price Adjustment (EPA) based on the Producer Price Index (PPI) and recommended index.

Component/raw material involved and percentage.

Commercial availability, GSA, published catalog or price listed. Supporting documentation.

Willingness to provide Cost or Pricing Data.

FOB Point: will prices vary based on location, will price include packaging Freight delivery: ability to STD-COM PKG with MIL-STD-129 Markings?

Min/max delivery order quantities and prices breaks and possible reasons for variations, and the potential for determining a fair market price.

Production Lead-time.

Ruta Supplies, CAGE 0NJT4: Small business distributer/dealer, approximately 35 employees, independent from the OEM, Oshkosh Defense, , interested in LTC, tem is not commercial,

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.

A technical review was completed by the Product Specialists of Record dated November 5, 2019.

The subject NSN has been identified as sole/limited source item. No other sources or adequate technical data could be identified or located for competitive procurement. All means to obtain a technical data package adequate for manufacture of the item have been exhausted. If new sources are approved prior to award, the solicitation will be reissued allowing for the new source(s) a chance to compete for this acquisition.

10. A listing of sources, if any, indicating an interest in the acquisition is: Ruta Supplies Inc.

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

The solicitation contains DLA Procurement Note L04 Offers for Part Numbered Items, M06 and Evaluation of Offers for Part Numbered Items.

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.

D’JUANA L. COLE Date Contracting Officer

APPROVAL REQUIREMENTS

( X ) Up to $700,000 Contracting Officer

January 8, 2020COLE.D'JUANA.L.123 0260067

Digitally signed by

COLE.D'JUANA.L.1230260067

Date: 2020.04.14 16:32:59 -04'00'