LX21RX031-JA-FBO.pdf

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

SOLICITATION: SPE7LX-21-R-X031

For Official Use Only Source Selection Information – See FAR 2.101 and 3.104

In accordance with FAR 6.302-1(c)(1)(ii)(B) and FAR 6.303-2(b)(5), the following provides a demonstration of JLG’s unique qualifications to justify the use of 10 USC 2304(c)(1).

Per the technical review conducted for this item on December 8, 2020 (Attachment 1), JLG is the only source currently approved by the design control activity. JLG is the only known source to possess the requisite rights to technical data for this item and only known approved source for this item. Additionally, the technical review of this item confirmed the Government does not possess the complete, unrestricted data package. The Government is limiting this procurement to JLG’s part numbered items because only JLG has the necessary data and/or design capability to manufacture this item to support the military end item.

As shown in Attachment 1, the Government’s Product Specialist confirmed the AMSC code listed in this document is correct and the Government does not have a complete unrestricted data package as of December 8, 2020.

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

[ X ] The acquisition was synopsized on February 22, 2021, with no responses as of the writing of this document.

[ X ] At the completion of the synopsis period, this PR will be solicited on the internet for 30 days via the DLA Internet Bid Board System (DIBBS) for review by other potential sources.

[ X ] The manufacturer will be solicited.

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

The basis for the Government’s fair and reasonable price determination is anticipated to be price analysis, to include the analysis of other than cost or pricing data which may take the form of commercial invoices, pricelists, internet pricing data, or any other documentation the Contracting Officer deems appropriate.

8. Market Research/Efforts to Obtain Competition:

The acquisition was synopsized on February 22, 2021. There have been no responses to the synopsis as of this date.

Market research was conducted for this action in December 2020 and January and February 2021. The following company was contacted for input: JLG Industries, Inc. JLG is the only approved source of supply for this NSN.

Market Survey [10 U.S.C. 2304(f)(3)(D)]:

[ X ] A market survey was conducted during December 2020 and January and February 2021 Total number of vendors contacted: 1.

Names of vendors contacted and responding: JLG.

Techniques used to conduct survey: email.

Types of information requested: Interest in the project, sources of supply, business size, commerciality, contract length, pricing information, further details can be found below.

Summary of information received:

Market research was conducted for this action by the Contracting Officer. Additionally, the SAPD Market Research team contacted the only approved source for this item JLG Industries, Inc. (1YHH8) in December

Information received regarding the commerciality of the item(s): See above, this item is available for sale on the internet. Additionally, JLG indicated this is a part used on a forklift. This item was previously determined commercial and acquired through a FAR Part 12 (Acquisition of Commercial Items) contract.

The Contacting Officer has found no information to dispute the previous commercial determination of this item.

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 is: JLG INDUSTRIES, INC. (CAGE

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

12. The previous purchase of this item was made under long term contract SPE7MX17D0135. The J&A is attached.

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:

Competition Advocate Signature Date

APPROVAL REQUIREMENTS

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

Attachments:

1 – Technical Certification 2 – J&A For Contract SPE7MX17D0135

GRIFFIN.BRET

.J.1251897782

Digitally signed by

GRIFFIN.BRET.J.12518977

Date: 2021.03.11 08:43:06 -05'00'

SHEARER.M

ARY.E.12507

02449

Digitally signed by

SHEARER.MARY.E.12

50702449 Date: 2021.03.11 10:53:08 -05'00'