JA- SPE7LX23RX032 for synopsis.pdf

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

SOLICITATION SPE7LX23RX032

1. The Defense Logistics Agency, DLA Land and Maritime, is the contracting activity. This indefinite quantity contract (IQC) solicitation will be issued under FAR part 13.5 Simplified Procedures for Certain Commercial Items in accordance with 41 U.S.C. 1901 and shall be awarded as a firm-fixed price (FFP) Indefinite Delivery Purchase Order (IDPO), which includes a one-year base period and one-year option period.

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:

CLIN NSN ITEM UI AMC AMSC ADQ ADV

0001 2510014419701 CAB ASSEMBLY EA 3 D 3

0002 2990015869815 FILTER ELEMENT SET EA 3 D 419

0003 3010014934648 ACTUATOR, HYDRAULIC EA 3 C 50

0004 3040014722560 CYLINDER ASSEMBLY, A EA 3 D 9

0005 3040015725338 CYLINDER ASSEMBLY, A EA 3 D 12

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

ESTIMATED ANNUAL VALUE:

ESTIMATED TOTAL VALUE (5 years):

MAXIMUM CONTRACT VALUE:

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

[ X ] 10 U.S.C. 3204(a)(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:

CLIN NSN CAGE COMPANY NAME PART NUMBER

0001 2510014419701 1YHH8 JLG INDUSTRIES, INC. 6615444

0002 2990015869815 1YHH8 JLG INDUSTRIES, INC. 1001102923

0003 3010014934648 1YHH8 JLG INDUSTRIES, INC. 6623298

0004 3040014722560 1YHH8 JLG INDUSTRIES, INC. 6623240

0005 3040015725338 8T716 JARP INDUSTRIES 141122B

1YHH8 JLG INDUSTRIES, INC. 1684470

WSDC LONG_NAME

93A TRUCK, FORKLIFT 1000M

K7A TRUCK, LIFT, FORK ATLAS II

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 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.

For NSN 3010014934648, JLG Industries (1YHH8) is the only approved source by the design control activity. It is the only known source to possess the requisite rights to technical data for this item and only known approved source. After-market or alternate source parts would have to be reviewed on a case-by-case basis and evaluated by the Engineering Support Activity (ESA) for Military use. Only JLG Industries (1YHH8) part has been approved by the ESA, as this part is designed, engineered and tested to meet the required performance characteristics specifically for the Military’s weapon systems.

Reality is that any supplier can still seek source approval by following the terms of the solicitation Procurement Notes L04- Offers for Part Numbered Items and M06- Evaluation of Offers of Alternate Product for Part Numbered Items.

[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 NSNs 2510014419701, 2990015869815, 3040014722560, and 3040015725338, the Government does not have the data or rights to the data, and it is not economical for the Government to obtain or otherwise develop the data. For NSNs 2510014419701, 2990015869815, and 3040014722560, only JLG Industries (1YHH8), and for NSN 3040015725338 JLG Industries (1YHH8) and Jarp Industries (8T716), possesses the complete technical data; therefore, they are the only sources uniquely qualified to manufacture these items and the only approved sources listed for these NSNs. Despite NSN 3040015725338 showing multiple sources, Jarp Industries does not sell directly to the Government, only through their approved vendor which is JLG Industries (1YHH8).

For these items, after-market or alternate source parts would have to be reviewed on a case-by-case basis and evaluated by the ESA for Military use. Only the approved sources for these items have been approved by the ESA, as these parts are designed, engineered and tested to meet the required performance characteristics specifically for the Military’s weapon systems. Any supplier can seek source approval by following the terms of the solicitation Procurement Notes L04- Offers for Part Numbered Items and M06- Evaluation of Offers of Alternate Product for Part Numbered Items.

Based upon the technical certification by the DLA Land and Maritime Product Specialist dated October 20, 2022, all means to obtain a technical data package adequate for manufacture of these items has been exhausted; see attachment #1- Tech Certification. The DLA Land and Maritime SAPD Product Specialist certified the AMC/AMSC for these NSNs and verified the approved source(s). There is no pending 339 with the Engineering Support Activity (ESA) for these NSNs.

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

A sources sought notice was issued on February 1, 2023, on SAM.gov for five business days.

There were no responses to this notice.

Market research was conducted to obtain interest in the acquisition.

The acquisition will be synopsized on SAM.gov one day prior to the solicitation opening.

The solicitation will be posted the DLA Internet Bid Board System (DIBBS) for a period of 14 days to allow any offeror the opportunity to submit a quote.

7. Market Research: Initial market research was conducted by the Sourcing Strategy Specialist (SSS) on October 18, 2022. They sent a market questionnaire to the JLG Industries (1YHH8), the only supplier from procurement history. The market questionnaire asked this company to provide information such as willingness to quote a three-year base period and priced option years, provide stock delivery, state if the items are quantity sensitive, state if the items are commercial, preference for zones, asked if they could provide packaging requirements, asked information regarding FOB and zones.

JLG Industries (1YHH8)- Large business manufacturer

• Indicated items are commercial

Information regarding the commerciality of the items: All five NSNs were previously determined commercial for contract SPE7LX-22-D-0093 under the commercial item definition FAR 2.101(3)- A product that would satisfy a criterion expressed in paragraph (1) or (2) of this definition, except for- (i) Modifications of a type customarily available in the commercial marketplace.

JLG Industries submitted a commercial package including comparable part numbers and their drawings along with published online catalog pricing for each item. The commerciality documentation was reviewed by the Product Specialist of Record (PSoR) for each NSN and they supported a commercial item determination (CID).

For this procurement, the Buyer searched for the part numbers on the GSA Advantage website on February 2, 2023, which yielded no results. The Buyer was able to find all these parts for sale on Internet at https://www.gciron.com and https://onlineexpress.jlg.com/. The previous CID was sent to the SAPD Technical Team, and they updated the Commercial field in SRM to “Y” and incorporated the commercial reference into the Procurement Item Descriptions (PIDs) for all NSNs.

8. I hereby determine that the anticipated cost to the Government will be fair and reasonable. Cost and Pricing Data is not required per FAR 15.403-1(b)(3)- when a commercial product or commercial service is being acquired. In addition to price analysis, the Contracting Officer will use market prices (i.e., comparison based on marketplace or offers/pricing to other customers) for making a fair and reasonable price determination.

9. Additional facts supporting other than full and open competition are: Based upon the technical certification under attachment #1, DLA does not possess adequate data, lacks rights to data, and/or has no record of an alternate Design Control Activity approved sources; therefore, 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: (If none, so state):

JLG Industries (1YHH8)

11. These items are subject to the following methods of locating additional sources: The solicitation contains the Procurement Note L04 Offers for Part Numbered Items and Procurement Note, M06 Evaluation of Offers for Part Numbered Items.

12. As required by DFARS PGI 206.304, the Buyer was able to locate the previous J&A for contract SPE7LX-22-D-0093; see attachment #2.

APPROVAL

I hereby certify that the information contained in this justification is accurate and complete to the best of my knowledge and belief.

Brandy Warner – Contracting Officer

APPROVAL/CERTIFICATION

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

Competition Advocate

ATTACHMENTS

1. Tech Certification

2. Previous J&A- SPE7LX-22-D-0093

WARNER.BRANDY.D

ANIELLE.1251897880

Digitally signed by

WARNER.BRANDY.DANIELLE.12518978

Date: 2023.02.13 15:49:37 -05'00'

SHEARER.MARY.E.1

250702449

Digitally signed by

SHEARER.MARY.E.1250702449

Date: 2023.02.21 10:40:02 -05'00'