JA SPE7LX21R0105_Redacted.pdf

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

SOLICITATION SPE7LX-21-R-0105

DLA Land & Maritime Justification for Other Than Full & Open Competition (May 2018)

[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

ANNUAL

DEMAND

QUANTITY

EST.

ANNUAL

DEMAND

AMC AMSC

CAB ASSEMBLY 2510-01-441-9701 10 3 D

ENGINE,DIESEL 2815-01-508-3906 5 3 D

FILTER ELEMENT SET, 2990-01-586-9815 614 3 D

ACTUATOR,HYDRAULIC- 3010-01-493-4648 124 3 C

CYLINDER ASSEMBLY,A 3040-01-472-2560 44 3 D

CYLINDER ASSEMBLY,A 3040-01-572-5338 13 3 D

HANDLING ATTACHMENT 3930-01-454-2131 18 3 D

HANDLING ATTACHMENT 3930-01-529-6382 4 3 D

3 Year Total Estimated Value = Contract Maximum =

Estimated value and contract duration:

The proposed action is for the solicitation and award of a three-year, Firm-Fixed-Price, Indefinite Delivery Contract (IDC). The three-year period is inclusive of a two-year base period and one separately priced one-year option period. The one-year base period estimated value is , and the base period plus one option years estimated value is . The contract minimum is .

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

Project CM21035003 is for eight NSNs:

NSN Item Description Weapon System Criticality 2510-01-441-9701 CAB ASSEMBLY TRUCK, FORKLIFT 1000M Critical 2815-01-508-3906 ENGINE,DIESEL TRUCK, FORKLIFT Critical 2990-01-586-9815 FILTER ELEMENT SET, TRUCK, FORKLIFT 1000M Critical 3010-01-493-4648 ACTUATOR,HYDRAULIC- TRUCK, FORKLIFT 1000M Critical 3040-01-472-2560 CYLINDER ASSEMBLY,A TRUCK, FORKLIFT 1000M Critical 3040-01-572-5338 CYLINDER ASSEMBLY,A TRUCK, LIFT, FORK ATLAS II Least Critical 3930-01-454-2131 HANDLING ATTACHMENT TRUCK, FORKLIFT 1000M Critical 3930-01-529-6382 HANDLING ATTACHMENT TRUCK, FORKLIFT 1000M Critical

4. 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.

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

NSN CAGE COMPANY NAME PART NUM

2510-01-441-9701 1YHH8 JLG INDUSTRIES, INC. 6615444

2815-01-508-3906 1YHH8 JLG INDUSTRIES, INC. 8262170

2815-01-508-3906 1YHH8 JLG INDUSTRIES, INC. 8262170R

2990-01-586-9815 1YHH8 JLG INDUSTRIES, INC. 1001102923

3010-01-493-4648 1YHH8 JLG INDUSTRIES, INC. 6623298

3040-01-472-2560 1YHH8 JLG INDUSTRIES, INC. 6623240

3040-01-572-5338 1YHH8 JLG INDUSTRIES, INC. 1684470

3040-01-572-5338 8T716 JARP INDUSTRIES 141122B

3930-01-454-2131 1YHH8 JLG INDUSTRIES, INC. 6615204

3930-01-454-2131 1YHH8 JLG INDUSTRIES, INC. 6615204S

3930-01-529-6382 1YHH8 JLG INDUSTRIES, INC. 6615214S

The use of the authority cited below:

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

The use of the authority cited is based on:

[X] AMSC C. This part requires engineering source approval by the design control activity in order to maintain the quality of the part. Existing unique design capability, engineering skills, and manufacturing knowledge by the qualified source(s) require acquisition of the part from the approved source(s). The approved source(s) retain data rights, manufacturing knowledge, or technical data that are not economically available to the Government, and the data or knowledge is essential to maintaining the quality of the part. An alternate source must qualify in accordance with the design control activity's procedures, as approved by the cognizant Government engineering activity. The qualification procedures must be approved by the Government engineering activity having jurisdiction over the part in the intended application. If one source is approved, AMCs 3, 4, or 5 are valid. If at least two sources are approved or if data is adequate for an alternate source to qualify in accordance with the design control activity's procedures, AMCs 1 or 2 are valid.

[X] 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.

For those items which are AMSC D, JLG Industries (1YHH8) and Jarp Industries (8T716) (for NSN 3040-01-572- 5338) retain the data rights, manufacturing knowledge, or technical data that is not economically available to the Government, and the data or knowledge is essential to maintaining the quality of the part. For the item which is AMSC C, JLG Industries is the only source approved by the design control activity because JLG Industries retains the data rights, manufacturing knowledge, or technical data that is not economically available to the Government, and the data is essential to maintaining the quality of the part. The Product Specialist, on 02/23/2021, confirmed technical information on which this J&A is premised is complete and accurate. The AMC/AMSC code of 3C & 3D was confirmed by the Product Specialist, and that the approved sources are JLG Industries (1YHH8) and Jarp Industries (8T716) (for NSN 3040-01-572-5338).

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

[X] The acquisition will be synopsized on or about July 2, 2021 for 15 days. At the completion of the synopsis period, this PR will be solicited on the internet for a minimum of 30 days via the DLA Internet Bid Board System

(DIBBS).

[X] Dealers of the manufacturers will be solicited.

[X] A sources sought notice was posted to SAM.gov from 05/13/2021 to 05/20/2021. There were no responses to the sources sought.

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 comparison to past purchases of same item to determine price reasonableness. Informal cost/price data will be requested if determined to be necessary. Buyer will also utilize PPI Data. PPI Data provides timely, accurate price and cost analysis, and historical records for thousands of commodity prices and wages around the globe, allowing procurement professionals to understand supplier cost structure and better negotiate supplier quotes. The buyer anticipates receiving more than one offer, and adequate price competition between dealers is expected to exist at time of evaluation of offers. Certified Cost or Pricing Data (CCPD) will be required for this acquisition unless adequate competition is received in response to the solicitation per FAR 15.403-1(b)(1). Based upon the above techniques, the Contracting Officer hereby determines that the anticipated cost to the Government will be fair and reasonable.

8. Market Research/Efforts to Obtain Competition:

The Government sent market surveys to the approved sources and two vendors on 02/04/2021 and posted a sources sought on Beta.SAM.gov on 05/13/2021, which also contained an attached market survey. This was in an effort to research and obtain dealer competition. Three responses were received, but only the manufacturer, JLG Industries (1YHH8) returned the market survey. Service Motor Company and Pioneer Industries indicated no interest and did not return the survey. Market surveys were sent to the following vendors:

Name CAGE Code

JLG Industries 1YHH8 Pioneer Industries 66200 Service Motor Industries 56QV3 Jarp Industries 63899

In addition, internet research was conducted. However, no additional sources were found. As of 06/28/2021, no additional sources responded to the notice.

Techniques used to conduct survey: Email and sources sought notice.

Types of information requested: Commerciality, FOB, Delivery, Quantity Breaks, and General information questions.

Summary of information received:

Four sources were contacted and only one source completed the market survey.

Cage 1YHH8 – JLG Industries indicated the following in their returned market survey.

Large manufacturer Interested in pursuing a LTC for this item.

Does not agrees to a

Six of the eight NSNs

Item is not commercial.

Information received regarding the commerciality of the item(s): These NSNs are not listed on any GSA Federal Supply Schedules. In addition, no catalogs or price lists were available. An internet search only showed general Government specific / defense contractor use websites, which pull their information from ILS. The part numbers cannot be purchased directly from these sites. These NSNs are cage and part number buys. Based on this information, these NSNs do not meet the definition of a commercial item per FAR 2.101 (“Commercial Item” (1)(ii)). The contracting officer has therefore determined the items not to be 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.

10. A listing of sources, if any, indicating an interest in the acquisition are: JLG Industries (1YHH8)

11. The following actions are being taken to identify additional sources:

[X] Solicitation contains DLA Procurement Note L04 Offers for Part Numbered Items [X] Solicitation contains DLA Procurement Note M06 Evaluation of Offers for Part Numbered Items [ ] Solicitation contains DLA Procurement Note L22 Restriction of Offers for Source Controlled Items [X] Other (Explain): The Government will continue to conduct market research to ascertain if changes occur in the marketplace that would enable future actions for this item to be competitive.

12. Previous J&A for NSN 3040-01-472-2560 Contract SPM7A308C0037 is attached. However, signed copy could not be located in records management. All other buys for all eight NSNs were below SAT. Therefore, J&As were not required.

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 $750,000, this signature serves as the approval.

Contracting Officer Date

APPROVAL / CERTIFICATION

I have reviewed and approve this justification. The estimated total value of the J&A is $

MATZ.RICHARD.J

AMES.1080066615

Digitally signed by

MATZ.RICHARD.JAMES.108006661

Date: 2021.07.13 09:05:20 -04'00'

Competition Advocate Signature Date

APPROVAL REQUIREMENTS

[X] $750,000 to $15,000,000 Competition Advocate

Attachments:

#1 – Technical certification #2 – Previous J&A for contract SPM7A308C0037

SHEARER.MARY.

E.1250702449

Digitally signed by

SHEARER.MARY.E.1250702449

Date: 2021.07.13 14:07:57 -04'00'