J&A_SPE7MX17R0097.pdf

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

SOLICITATION [SPE7MX17R0097]

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:

CLIN NSN ITEM AMC AMSC ADQ ADV

0001 2590014427346 COUNTERWEIGHT,REMOV 3 D 56

0002 2915015777022 HEAD,SEDIMENT STRAI 3 P 106

0003 2990015858958 FILTER ELEMENT SET, 3 D 160

0004 2990015859284 FILTER ELEMENT SET, 3 D 51

0005 2990015869815 FILTER ELEMENT SET, 3 D 651

0006 2990016004318 FILTER ELEMENT SET, 3 Q 343

0007 3010014934648 ACTUATOR,HYDRAULIC- 3 C 23

0008 3020014410818 PULLEY,GROOVE 3 D 164

0009 3040014563646 PENDANT 3 D 57

0010 3930014542131 HANDLING ATTACHMENT 3 D 23

0011 3930015296382 HANDLING ATTACHMENT 3 D 7

0012 4720014517380 HOSE ASSEMBLY,NONME 3 D 43

0013 4720014521080 HOSE ASSEMBLY,NONME 3 L 52

0014 4720014521103 HOSE ASSEMBLY,NONME 3 L 72

0015 4720014573931 HOSE ASSEMBLY,NONME 3 L 61

0016 4720014575725 HOSE ASSEMBLY,NONME 3 L 27

0017 4720015272811 HOSE ASSEMBLY,NONME 3 L 13

0018 4820013886182 NOZZLE,VALVE 3 D 66

0019 5340014413456 PLUG,VENT 3 D 44

0020 5340015115171 DOOR,ACCESS,GENERAL 3 D 15

0021 5930014413018 GUARD,SWITCH 5 L 41

0022 5945015039468 RELAY,ELECTROMAGNET 3 L 32

0023 6150014377201 WIRING HARNESS 3 D 27

Identify end item, weapon system, or class of item: Multiple variants of the Material Handling Equipment (MHE) vehicles, which are used to build barracks, widen roads, extend bridges, repair phone lines, add transformers, place cables, lift and move large loads of material, steer skids, etc.

ESTIMATED BASE VALUE:

ESTIMATED TOTAL VALUE (BASE + OPTIONS):

MAXIMUM CONTRACT VALUE:

4. The acquisition is restricted to the only source(s) of supply known to have the capability of furnishing the required supplies/services. Source(s) are:

JLG Industries (1YHH8)

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

5. 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.

6. The use of the authority cited in other than 10. U.S.C. 2304(c)(2) above 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.

JLG Industries (1YHH8) is the only source currently approved by the design control activity. They are the only known source to possess the requisite rights to technical data for these items. They are the only approved source for these 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.

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. JLG Industries (1YHH8) is the only source to possess the complete technical data for these items; therefore, they are the only source uniquely qualified to manufacture these items and the only approved source listed for these NSNs.

[ X ] AMSC L. The annual buy value of this part falls below the screening threshold established by DoD components and field activities. However, this part has been screened for additional known sources, resulting in either confirmation that the initial source exists or that other sources may supply the part. No additional screening was performed to identify the competitive or noncompetitive conditions that would result in assignment of a different AMSC. This code shall not be used when screening parts entering the inventory. This code shall be used only to replace AMSC O for parts under the established screening threshold. If one source is available, AMCs 3, 4, or 5 are valid. If at least two sources exist, AMCs 1 or 2 are valid.

JLG Industries (1YHH8) is the only source currently approved by the design control activity. No other sources have been identified.

[X] AMSC P. The rights to use the data needed to purchase this part from additional source(s) are not owned by the Government and cannot be purchased, developed, or otherwise obtained. It is uneconomical to reverse engineer this part. This code is used in situations where the Government has the data but does not own the rights to the data.

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.

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. JLG Industries (1YHH8) is the only source to possess the complete technical data for these items; therefore, they are the only source uniquely qualified to manufacture these items and the only approved source listed for these NSNs.

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

[X] AMSC Q. The Government does not have adequate data, lacks rights to data, or both needed to purchase this part from additional sources. The Government has been unable to economically buy the data or rights to the data, although the part has been undergoing full screening for 12 or more months. Breakout to competition has not been achieved, but current, continuing actions to obtain necessary rights to data or adequate, re-procurement technical data indicate breakout to competition is expected to be achieved. This part may be a candidate for reverse engineering or other techniques to obtain technical data. All AMSC Q items are required to be reviewed within the timeframes cited in 2-203(b). If one source is available, AMCs 3, 4, or 5 are valid. If at least two sources exist, AMCs 1 or 2 are valid.

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. JLG Industries (1YHH8) is the only source to possess the complete technical data for these items; therefore, they are the only source uniquely qualified to manufacture these items and the only approved source listed for these NSNs.

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

[X] The acquisition will be synopsized and any firm requesting a solicitation copy will be provided one.

[ ] Manufacturers of similar products identified in the market survey will be solicited.

[X] Dealers of the manufacturer will be solicited.

8. A market survey: Market research was conducted under project CL16342004. That project was split into two projects; a commercial project and non-commercial project. This is the non-commercial project. On 12/6/16, a sources sought notice was issued on the Federal Business Opportunities website in order to seek out and encourage additional sources and vendor participation. The sources sought notice closed on 12/12/16, and there were no responses received to this notice. Market research was conducted by the Sourcing Strategy Branch, ZAA. The Sourcing Strategy Specialists (SSS) sent out the original survey to JLG Industries on 2/1/17. No response was received and the SSS sent a follow up email to JLG Industries on 2/10/17, and they responded to the market survey on 2/16/17. The market survey asked companies 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.

A summary of the sole response received is below:

JLG Industries (1YHH8) Large business manufacturer with a preference to deal with the Government Is interested in pursuing a Long-Term-Contract for any or all of these items

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

9. I hereby determine that the anticipated cost to the Government will be fair and reasonable. As adequate price competition is not expected and any proposal received shall likely exceed the TINA threshold of $750,000.00, cost or pricing data in accordance with FAR 15.403-4 will be requested for the purpose of an audit. In addition to any audits completed, the contracting officer will use price analysis and buy history to determine that the contract award prices are fair and reasonable.

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

Based upon the technical certification on file, 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. A tech review confirmed each NSN a sole source item. At the time of LTC/Project reviews, no other sources or adequate technical data could be identified or located for competitive procurement of these NSNs. Market research did not identify any other sources capable of manufacturing these items.

CLIN NSN ITEM TECH REVIEW INFO

0001 2590014427346 COUNTERWEIGHT,REMOV The SAPD Product Specialist from DLA Land and Maritime reviewed and verified the AMC/AMSC code on 2/9/16.

0002 2915015777022 HEAD,SEDIMENT STRAI The Product Specialist from DLA Aviation reviewed and verified the AMC/AMSC code on 6/7/16.

0003 2990015858958 FILTER ELEMENT SET, The SAPD Product Specialist from DLA Land and Maritime reviewed and verified the AMC/AMSC code on 2/9/16.

0004 2990015859284 FILTER ELEMENT SET, The SAPD Product Specialist from DLA Land and Maritime reviewed and verified the AMC/AMSC code on 2/9/16.

0005 2990015869815 FILTER ELEMENT SET, The SAPD Product Specialist from DLA Land and Maritime reviewed and verified the AMC/AMSC code on 2/9/16.

0006 2990016004318 FILTER ELEMENT SET, The SAPD Product Specialist from DLA Land and Maritime reviewed and verified the AMC/AMSC code on 2/9/16.

0007 3010014934648 ACTUATOR,HYDRAULIC- The SAPD Product Specialist from DLA Land and Maritime reviewed and verified the AMC/AMSC code on 2/9/16.

0008 3020014410818 PULLEY,GROOVE The SAPD Product Specialist from DLA Land and Maritime reviewed and verified the AMC/AMSC code on 2/9/16.

0009 3040014563646 PENDANT The SAPD Product Specialist from DLA Land and Maritime reviewed and verified the AMC/AMSC code on 2/9/16.

0010 3930014542131 HANDLING ATTACHMENT The Product Specialist from DLA Troop Support reviewed and verified the AMC/AMSC code on 3/14/16.

0011 3930015296382 HANDLING ATTACHMENT The Product Specialist from DLA Troop Support reviewed and verified the AMC/AMSC code on 3/14/16.

0012 4720014517380 HOSE ASSEMBLY,NONME The SAPD Product Specialist from DLA Land and Maritime reviewed and verified the AMC/AMSC code on 2/9/16.

0013 4720014521080 HOSE ASSEMBLY,NONME The SAPD Product Specialist from DLA Land and Maritime reviewed and verified the AMC/AMSC code on 2/9/16.

0014 4720014521103 HOSE ASSEMBLY,NONME The SAPD Product Specialist from DLA Land and Maritime reviewed and verified the AMC/AMSC code on 2/9/16.

0015 4720014573931 HOSE ASSEMBLY,NONME The SAPD Product Specialist from DLA Land and Maritime reviewed and verified the AMC/AMSC code on 2/9/16.

0016 4720014575725 HOSE ASSEMBLY,NONME The SAPD Product Specialist from DLA Land and Maritime reviewed and verified the AMC/AMSC code on 2/9/16.

0017 4720015272811 HOSE ASSEMBLY,NONME The SAPD Product Specialist from DLA Land and Maritime reviewed and verified the AMC/AMSC code on 2/9/16.

0018 4820013886182 NOZZLE,VALVE The SAPD Product Specialist from DLA Land and Maritime reviewed and verified the AMC/AMSC code on 2/9/16.

0019 5340014413456 PLUG,VENT The SAPD Product Specialist from DLA Land and Maritime reviewed and verified the AMC/AMSC code on 2/9/16.

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

CLIN NSN ITEM TECH REVIEW INFO

0020 5340015115171 DOOR,ACCESS,GENERAL The Product Specialist from DLA Troop Support reviewed and verified the AMC/AMSC code on 3/2/16.

0021 5930014413018 GUARD,SWITCH The SAPD Product Specialist from DLA Land and Maritime reviewed and verified the AMC/AMSC code on 2/9/16.

0022 5945015039468 RELAY,ELECTROMAGNET The SAPD Product Specialist from DLA Land and Maritime reviewed and verified the AMC/AMSC code on 2/9/16.

0023 6150014377201 WIRING HARNESS The Product Specialist from DLA Aviation reviewed and verified the AMC/AMSC code on 6/6/16.

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

JLG Industries (1YHH8)

12. This item is subject to the following methods of locating additional sources: The solicitation contains the Procurement Note L04 Offers for Part Numbered Items.

13. The buyer searched the previous awards listed in the contract history in Records Management in EProcurement for previous J&A’s, as required by DFARS PGI 206.304, and found the previous J&A for contract SPM7LX-12-D- 9017. No other J&A’s could be found.

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 & Date

APPROVAL/CERTIFICATION

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

Competition Advocate & Date

WARNER.BRANDY.D

ANIELLE.1251897880

Digitally signed by

WARNER.BRANDY.DANIELLE.12518

97880 Date: 2017.05.01 16:45:53 -04'00'

COUTURE.MARY.E.123025

Digitally signed by

COUTURE.MARY.E.1230253613

Date: 2017.05.05 15:40:02 -04'00'