SPE7LX20R0117 - reviewed_Redacted.pdf

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

SOLICITATION SPE7LX-20-R-0117

Justification for Other Than Full & Open Competition (December 2011)

[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 Annual Demand Value (ADV)

Annual Demand Quantity (ADQ)

AMSC

FUEL METERING PUMP 2910-011538205 47 Units R

Identify end item, weapon system, or class of item: NSN: 2910-011538205 is a Fuel Metering Pump used on the Heavy Expended Mobility Tactical Truck (HEMTT), weapon system, with a designator code of 72A. The HEMTT is an eight-wheel, diesel-powered, 10-short-ton, tactical truck used by the U.S. Military. It is used for heavy transport capabilities for supply and re-supply of combat vehicles and weapons systems. This vehicle has a variety of configurations, including, cargo, tanker, tractor, and wrecker. A Fuel Metering Pump is used to move a precise volume of liquid in a specific period providing an accurate flow rate for the vehicle.

The item is being procured as a firm-fixed price, long-term, Indefinite Quantity Contract (IQC) to include a base period of three (3) years with two (2) one-year option periods to be exercised at the discretion of the government.

ANNUAL DEMAND VALUE:

ESTIMATED BASE PERIOD VALUE:

ESTIMATED BASE PERIOD WITH TWO OPTION PERIODS VALUE: _

MAXIMUM TOTAL VALUE (BASE + OPTION YEARS) _

MINIMUM CONTRACT VALUE:

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

[X] 10 U.S.C. 2304(c)(1) – Only available from one responsible source or a limited number of sources

a. Brief narrative supporting the situation and weapon system:

This is a DLA stock procurement of NSN: 2910-011538205 going to DLA CONUS Depot locations. This Fuel Metering Pump is used on the Heavy Expanded Mobility Tactical Truck (HEMTT).

5. If restricted to the only source(s) of supply, include source(s) and CAGE code: Oshkosh Defense, LLC (75Q65) – P/N: 1307570; and, Gorman-Rupp Company (25567) – P/N: 81 1/4A17-X.50DC.

The use of the authority cited is 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.

Based on the AMC/AMSC of 1/R, the Government does not own the data or the rights to the data and Oshkosh Defense, LLC (75Q65) and Gorman-Rupp Company (25567) are the only current sources that possess the technical data necessary to manufacturer this item for DLA and military service. The product specialist confirmed the AMC/AMSC of this NSN on March 11, 2020 as noted in the attached technical certification (Attachment I).

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

[X] The acquisition was synopsized from May 4, 2020 for 15 days on the Contracting Opportunities page of the www.beta.SAM.gov website. At the completion of the synopsis period, the solicitation will be available on the DLA Internet Bid Board Site (DIBBS) for 30 days.

7. I hereby determine that the anticipated cost to the Government will be fair and reasonable. The buyer will utilize price analysis techniques such as manufacturer/dealer competition or comparison to past purchases. Other than certified cost/price data may be requested from the contractor. Based on the mentioned techniques, the contracting officer anticipates the cost to the Government to be determined fair and reasonable.

8. Market Research: Market Research was conducted on/during March 6, 2020 to April 28, 2020. As history shows the previous buys were at or below the simplified acquisition threshold, no previous J & A exists on this NSN.

The NSN: 2910-011538205 is a code and part number item and shows two (2) approved sources. This item shows to be coded to the weapons system 72A, for the Heavy Expanded Mobility Tactical Truck (HEMTT). This Fuel Metering Pump is used to determine a precise flow rate for the HEMTT. The product specialist conducted a review on March 11, 2020 and confirmed the approved sources for this NSN.

The buyer reviewed the procurement history of this NSN (Attachment II), including recent small purchase buys and an Automated Indefinite Delivery Contract (AIDC). The review shows quotes received from small business dealers offering the Gorman-Rupp Company (Cage: 25567) part. The buys were solicited under the Simplified Acquisition Threshold were posted as unrestricted solicitations.

A Sources Sought Notice was posted to Contracting Opportunities page of the www.beta.SAM.gov website on March 26, 2020 until April 3, 2020. No responses were received.

Market Survey requests were sent to the approved sources and small business dealers as previously quoted a solicitation for this NSN or a past awardee. A summary of the market survey information is listed below.

Market Surveys sent: Surveys were sent to: The approved sources, Oshkosh Defense, Inc. (75Q65), and The Gorman-Rupp Company (25567), and three (3) past awardees and non-manufacturing small business concerns, Savage Associates, Inc. (4K437), PCX, Inc., dba Pacific Component Xchange (32DV7) and Lynn Electronics, LLC (19151).

Type of information requested: They were asked about their business demographics, willingness and interest in a long-term contract (LTC), the commerciality of the item on the project, willingness to provide certified cost and pricing data, delivery schedules, packaging requirements, price breaks and other questions relative to the item on this project.

Market Surveys no response: Pacific Component Xchange (32DV7) and Oshkosh Defense, LLC (75Q65)

Market Surveys response received: The Gorman-Rupp Company, (25567), Lynn Electronics, LLC (19151) and Savage Associates, Inc. (4K437).

Market Survey responses:

Lynn Electronics, LLC (19151), advised that they would not submit a market survey.

Savage Associates, Inc. (4K437), advised they are a small business distributor for the large business manufacturer, Gorman-Rupp Company. They are interested in pursuing an LTC for this item, and are

The Gorman-Rupp Company (25567), submitted a survey indicating they are a large business manufacturer.

They have an interest in pursuing a Long-Term Contract and

They indicated the item is commercial and would be able to provide documentation as evidence.

CAGE: 25567 confirmed that they are a large business manufacturer and the manufacturer confirmed this item (P/N: 81 1/4A17-X.50DC) is not sold outside of the government marketplace and is not commercial.

The buyer conducted internet research, including the General Services Administration (GSA) website. No beneficial information was located. The buyer reviewed the Gorman-Pumps website and while they list significant information on the pumps they manufacture, information on this specific part number could not be located.

The RFP solicitation will be issued with a delivery requirement of 120 days, FOB origin (FDT) and inspection/acceptance at destination requirements.

Information regarding the commerciality of the item(s): Based on Internet research that did not reveal any commercial sales history or catalogs/brochures, AMC/AMSC of 1/R, blank SAP COTS status, and zero (0) results found on GSA Advantage site, NSN 2910-011538205, due to the lack of information obtained and in accordance with FAR 2.101, is determined to be non-commercial. Previous procurements of this NSN have found this item to be non-commercial.

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

[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. The product specialist conducted a technical review of this NSN on 03/11/2020. This NSN is designated as a critical application item. This item is also identified as a Non-covered Surge item. A Surge CLIN will be included in the solicitation for contractors to offer Surge pricing.

10. A listing of sources, if any, indicating an interest in the acquisition is: (If none, so state):

The Gorman-Rupp Company (25567) Savage Associates, Inc. (4K437)

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

Efforts to Qualify Additional Suppliers for future procurements include the following: Any new vendor who decides to pursue source approval will be directed to the Competition Advocate's Source Approval Program.

The Competition Management Office (CMO) would encourage interested parties to submit Source Approval Request (SAR) for this item if it should later be determined that future buys of subject NSN are in the best interest of the Government.

[X] The solicitation contains the DLAD Procurement Notes L04 and M06; Offers for Part Numbered Items 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.

Alicia Barrowman Date Contracting Officer

APPROVAL/CERTIFICATION

I have reviewed and approve this justification.

Competition Advocate Signature Date

APPROVAL REQUIREMENTS

[ ] Up to $700,000 Contracting Officer

[X] $700,000 to $13,500,000 Competition Advocate

ATTACHMENT:

I. Technical Certification II. Procurement History

BARROWMAN.ALICIA.A

.1368987251

Digitally signed by

BARROWMAN.ALICIA.A.1368987251

Date: 2020.05.12 13:28:52 -04'00'

SHEARER.MARY.E.125

0702449

Digitally signed by

SHEARER.MARY.E.1250702449

Date: 2020.05.15 13:18:33 -04'00'