J&A SPE7M420R0001 - FOIA.pdf

Justification for Other than Full and Open Competition (JA) - NON-LTC Solicitation: SPE7M420R0001

1 | P a g e Source Selection Information- See FAR 2.101 & 3.104 DLA Land & Maritime Justification for Other Than Full & Open Competition

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 PR QUANTITY PR ESTIMATED VALUE AMS/AMSC

CLEANER, PRESSURE,

SOLVENT-WATER

4940-014478075 105 $350,910.00 3/D

LARGE PROCUREMENT- Request for Proposal (RFP):

Estimated SOLICITATION (RFP) Value is $350,910.00 No option will be included

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

GPM at 2000 PSI; power 5 HP, 230 volt, 60 cycle, 1 phase; includes 50 FT hose and trigger gun control; fuel oil fired.

Used by the USAF on Aerospace Ground Equipment, military vehicles, other Air Force properties.

Weapon systems: USAF various.

4. The statutory authority permitting other than full and open competition is 10 U.S.C. 2304(c)(2) – Urgency:

This particular item Cleaner, Pressure, Solvent is currently used by the USAF all over the globe, including numerous combat areas. It can reduce cleaning time by as much as 90%, while doing a much more thorough job, which is crucial for quick / urgent maintenance of aircrafts, vehicles and other combat / combat supporting equipment when on the ground. However, not all of these deployed personnel currently possess this item nor the DLA’s stockpile available for distribution during pre-deployment / deployment processing. The machine as to carry a UL-1776 certified sticker on the frame. The DoD has instructed all personnel to remove from service any washer that does not carry this certification sticker. Also, many of the washers have reached the end of their service life. New machines are now being procured.

Therefore, due to increased usage, routine procurement actions will not provide timely support for growing demands / backorders. Failure to proceed with an urgent buy could result in end items being impaired, reduced in effectiveness, or rendered inoperable. Current backorders total 12 lines for 105 each, including 2/2 IPGI, 9/102 IPGII, 1/1 IPGIII Project Code 9GJ (CENTCOM Current Operations Support to all Services operating in OIF /Operation New Dawn (OND) and other CENTCOM AOR operations and HOA within the AFRICOM AOR). The Customer Account Specialist (CAS) has confirmed that all backorders are accurate and items in urgent need by the end user.

• Approved source:

KARCHER NORTH AMERICA, INC. DBA CAGE 6LHS6 P/N HDS 3.5/20 and P/N LHS6 P/N MODEL 843 Karcher North America, Inc. DBA CAGE 6LHS6 has been identified by the Government as having the appropriate manufacturing expertise to supply this NSN to DLA and the using military service. It is the only known source that owns or has rights to the technical data necessary to manufacturer this NSN item. Therefore, a complete data package of drawings/specs will not be available at the time of solicitation.

If restricted to the only source of supply, include source and CAGE code:

Karcher North America, Inc. DBA CAGE 6LHS6 a large manufacturer.

• NOTE: Last procurement was procured under the simplified acquisition, no J&A was required.

c015179 Highlight

2 | P a g e Source Selection Information- See FAR 2.101 & 3.104 DLA Land & Maritime Justification for Other Than Full & Open Competition

5. The use of the authority cited below:

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

[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.

• NOTE: Basis for the justification have been concurred as complete and accurate by the product specialist on 10/25/2019 I/A/W FAR 6.303 (c).

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

I/A/W DFARS PGI 206.302-1(d) a sources sought notice was posted to FedBizOps from 10/22/2019-

11/27/2019 as part of market research to make sure that offers will be received “from as many potential sources as is practicable under the circumstances” (FAR 6.302-1), see market research paragraph 8 (eight) below.

This is an urgent requirement: Determination to waive synopsis applies.

Dealers of the manufacturer will be solicited.

A solicitation will be posted for 15 days on DIBBS.

7. The Contracting Officer is hereby determines that the anticipated price/cost that the anticipated price/cost will be fair and reasonable in accordance with FAR 6.303-2(b)(7). In accordance with FAR 15.403, certified cost and pricing data is not required under this acquisition threshold, however, other than certified cost and pricing data may be obtained from the contractor to provide additional support for price reasonableness determination.

Negotiations may be required and will be continued until suitable for both parties and a determination that the cost is fair and reasonable to the government is made by the Contracting Officer.

8. Market Research/Efforts to Obtain Competition:

Market research for this procurement was conducted 9/1/2019-11/21/2019 Techniques used to conduct market research:

Past procurement review of the similar NSN items.

Product specialist’s characteristics review of current NSN;

A sources sought notice was posted on FedBizOps. No responses were received from the additional interested parties.

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

Total number of vendors contacted: Due to the urgency of this procurement market research was limited to the contact via email to the last awardee approved sole source OEMs:

1. KARCHER NORTH AMERICA, INC. DBA CAGE 6LHS6- OEM.

Karcher North America, Inc. DBA (6LHS6) stated that they are willing to submit an offer for this solicitation in accordance with FAR 15 and USAF safety terms and conditions.

According to the market research conducted by the buyer, DLA sells this NSN item solely to the US Air Force (USAF).

The product specialist, concur that this item only sold to USAF. Based on the product specialist’s long time item managing experience and knowledge of this and similar items it was advised to continue with this urgent procurement as non-commercial as the USAF mandatory safety requirements I/A/W UL-1776 certification are unique for all types of this items that are used by the DoD. There are more than 100 specified features the manufacturer must add to this unit to meet the certification standard. Building the required features into a washer for UL-1776 certification adds a considerable amount to the overall cost of a machine and it is time consuming. According to the product specialist UL-1776 covers every feature on a pressure washer and its intent is to eliminate as much of the risk as possible to the operator.

3 | P a g e Source Selection Information- See FAR 2.101 & 3.104 DLA Land & Maritime Justification for Other Than Full & Open Competition

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.

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

1. KARCHER NORTH AMERICA, INC. DBA CAGE 6LHS6 – approved OEM

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

I/A/W DLAD prescription 11.391(b) Procurement Notes L04, “Offers for Part Numbered Items” and M06, “Evaluation of Offers for Part Numbered Items” will be included in this solicitation.

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.

__ ____________________________________________ 2-2621 11/26/2019

Contracting Officer/ Helen B. Davis Date

[X] Up to $700,000

APPROVAL REQUIREMENTS

Contracting Officer

Phone