J&A-_SPE7MX18RX036.pdf

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

SOLICITATION SPE7MX-18-R-X036

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/services required to meet the using activity's needs are described as follows:

CLIN NSN Item Name UI AMC AMSC ADQ ADV Profit Center

0001 2530015422641 WHEEL,PNEUMATIC TIR EA 3 C 11 3012304

0002 2540013947958 CONTROL BOX,ELECTRI EA 3 C 42 3012302

0003 2590014749346 REEL,CABLE EA 3 D 23 3012303

0004 2910014767623 FILTER BODY,FLUID EA 3 D 61 3012307

0005 2930012691668 RADIATOR,ENGINE COO EA 3 C 5 3012307

0006 2940014769860 FILTER,FLUID EA 3 D 113 3012310

0007 2940014771251 FILTER,FLUID EA 3 R 17 3012310

0008 2940014793970 FILTER ELEMENT,FLUI EA 3 L 82 3012310

0009 3040013687672 CYLINDER ASSEMBLY,A EA 3 C 14 3012302

0010 4010013696685 ROPE,WIRE EA 3 D 94 3012302

0011 4320011961629 MOTOR,HYDRAULIC EA 3 L 6 3013306

0012 4330014773858 FILTER ASSEMBLY,FLU EA 3 L 10 3013306

0013 4330014778271 FILTER,FLUID EA 3 D 37 3013306

0014 4330014829872 SEPARATOR,WATER,LIQ EA 3 L 30 3013306

0015 4440014777846 PARTS KIT,AIR DRIER EA 3 D 78 5024311

0016 4720013944795 HOSE ASSEMBLY, NONMETALLIC EA 3 L 22 3013308

0017 4720014773927 HOSE ASSEMBLY,NONME EA 3 L 232 3013308

0018 4810012001884 MOUNT,VALVE EA 3 L 15 3013319

0019 5342014775278 CAP,FILLER OPENING EA 3 L 16 10113C2

0020 5355012052922 KNOB EA 1 L 176 5025348

0021 5925014770231 CIRCUIT BREAKER EA 3 L 28 3013326

0022 6110014286142 CONTROL,REMOTE SWIT EA 3 C 22 3013314

Identify end item, weapon system, or class of item: The items included in this initiative support various weapon systems however are primarily parts that are used in support of the ATEC 22 Ton Crane as used by the Army, Marines, National Guard and the Reserves.

ESTIMATED BASE VALUE:

ESTIMATED TOTAL VALUE (5 YEAR BASE):

MAXIMUM CONTRACT VALUE:

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.

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

CLIN NSN CAGE NAME PART NUMBER

0001 2530015422641 12361 GROVE U.S. L.L.C DBA MANITOWOC 6970100154

0002 2540013947958 12361 GROVE U.S. L.L.C DBA MANITOWOC 2-195-6-00661

0003 2590014749346 12361 GROVE U.S. L.L.C DBA MANITOWOC 6-738-100000

0004 2910014767623 12361 GROVE U.S. L.L.C DBA MANITOWOC 7437000851

0005 2930012691668 12361 GROVE U.S. L.L.C DBA MANITOWOC 7-726-000160

0006 2940014769860 12361 GROVE U.S. L.L.C DBA MANITOWOC 7437100235

0007 2940014771251 12361 GROVE U.S. L.L.C DBA MANITOWOC 7437100233

0008 2940014793970 12361 GROVE U.S. L.L.C DBA MANITOWOC 9437100485

0009 3040013687672 12361 GROVE U.S. L.L.C DBA MANITOWOC 2-195-2-00021

076M6 BAE SYSTEMS LAND ARMAMENTS L.P. 2-195-2-00021

0FW39 BAE SYSTEMS TACTICAL VEHICLE 2-195-2-00021

0010 4010013696685 12361 GROVE U.S. L.L.C DBA MANITOWOC 6-246-100129

076M6 BAE SYSTEMS LAND ARMAMENTS L.P. 6-246-001508

0FW39 BAE SYSTEMS TACTICAL VEHICLE 6-246-001508

0011 4320011961629 12361 GROVE U.S. L.L.C DBA MANITOWOC 80012384

75Q65 OSHKOSH DEFENSE, LLC 3623370

0012 4330014773858 12361 GROVE U.S. L.L.C DBA MANITOWOC 7437000184

0013 4330014778271 12361 GROVE U.S. L.L.C DBA MANITOWOC 7437000865

0014 4330014829872 12361 GROVE U.S. L.L.C DBA MANITOWOC 9437100784

0015 4440014777846 12361 GROVE U.S. L.L.C DBA MANITOWOC 9515101338

0016 4720013944795 12361 GROVE U.S. L.L.C DBA MANITOWOC 7-554-201802

75Q65 OSHKOSH DEFENSE, LLC 3618026

0017 4720014773927 12361 GROVE U.S. L.L.C DBA MANITOWOC 7554102400

0018 4810012001884 12361 GROVE U.S. L.L.C DBA MANITOWOC 2-198-6-00043

0019 5342014775278 12361 GROVE U.S. L.L.C DBA MANITOWOC 7258001484

0MKW7 MINNPAR, LLC DBA MINNPAR 7258001484

0020 5355012052922 80813 DIMCOGRAY CORPORATION DBA 274-036

12361 GROVE U.S. L.L.C DBA MANITOWOC 7-511-001085

75Q65 OSHKOSH DEFENSE, LLC 1HT264

0021 5925014770231 12361 GROVE U.S. L.L.C DBA MANITOWOC 7872001377

0022 6110014286142 80813 GROVE U.S. L.L.C DBA MANITOWOC 2-195-6-00667

The use of the authority cited below:

[X] AMC 1. Suitable for competitive acquisition for the second or subsequent time.

[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.

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SOLICITATION SPE7MX-18-R-X036

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.

Applies to CLINS 0001, 0002, 0005, 0009, 0022.

For CLINS 0001, 0002, 0005, and 0022, Grove DBA Manitowoc (12361) is the sole approved source. For CLIN 0009, the only approved sources are Grove DBA Manitowoc (12361), BAE Systems Land Armaments (076M6), and BAE Systems Tactical Vehicle (0FW39). The sources for these items are currently the only approved sources by the design control activity. They are the only known source to possess the requisite rights to technical data for these items and only known 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.

Applies to CLINS 0003, 0004, 0006, 0010, 0013, and 0015.

For CLINS 0003, 0004, 0006, 0013, and 0015, Grove DBA Manitowoc (12361) is the sole approved source.

For CLIN 0010, the only approved sources are Grove DBA Manitowoc (12361), BAE Systems Land Armaments (076M6), and BAE Systems Tactical Vehicle (0FW39). 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.

These sources are the only known sources to possess the complete technical data for these items; therefore, they are the only sources uniquely qualified to manufacture these items and the only approved sources listed for these items.

[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.

Applies to CLINS 0008, 0011, 0012, 0014, 0016, 0017, 0018, 0019, 0020, and 0021.

For CLINS 0008, 0012, 0014, 0017, 0018, and 0021, Grove DBA Manitowoc (12361) is the sole approved source. For CLINS 0011 and 0016 the only approved sources are Grove DBA Manitowoc (12361) and Oshkosh Defense (75Q65). For CLINS 0019, the only approved sources are Grove DBA Manitowoc (12361) and Minnpar (0MKW7). And for CLIN 0020, the only approved sources are DimcoGray (80813), Grove DBA Manitowoc (12361) and Oshkosh Defense (75Q65). These sources have been evaluated by the military services’ Engineering Support Activity and are the only companies known to have the capability to manufacture these parts.

[X] AMSC R. The Government does not own the data or the rights to the data needed to purchase this part from additional sources. It has been determined to be uneconomical to buy the data or rights to the data. It is uneconomical to reverse engineer the part. This code is used when the Government did not initially purchase the data and/or rights. 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.

Applies to CLIN 0007.

For this item, 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. Grove DBA Manitowoc (12361) is the only source known to own or possess the technical data necessary to manufacture this item.

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

(X) A sources sought notice was issued in October 2017.

(X) The acquisition will be synopsized in April 2018.

7. I hereby determine that the anticipated cost to the Government will be fair and reasonable. Cost and Pricing Data is not required per FAR 15.402-1 (b) (3). The Contracting Officer has determined the items to be solicited are determined to be commercial, and, as such, FAR part 13.5 Commercial Test Program for Certain Items procedures will be used for acquisition. In accordance with FAR Part 12.209, while the Contracting Officer must establish price reasonableness in accordance with FAR 13.106-3, 14.408-2, or Subpart 15.4, as applicable, the Contracting Officer should be aware of customary commercial terms and conditions when pricing commercial items. Commercial item prices are affected by factors that include, but are not limited to, speed of delivery, length and extent of warranty, limitations of seller’s liability, quantities ordered, length of the performance period, and specific performance requirements. The Contracting Officer will determine that the contract award prices are fair and reasonable in accordance with FAR Subpart 15.4.

The buyer may request information other than cost or price data to support price reasonableness if necessary.

8. Market Research/Efforts to Obtain Competition:

A Sources Sought notice was issued on 10/24/17, with a closing date of 1031/17, and there were no responses received. On 10/18/17, market surveys were sent to Grove DBA Manitowoc (12361), Oshkosh Defense (75Q65), BAE Systems (0FW39), BAE Systems Land Armaments (076M6), Minnpar (0MKW7), and Dimcogray (80813). Follow up emails were sent on 2/3/18. There was only two responses received from Grove and BAE Systems. Oshkosh Defense responded on the previous solicitation and said, “We will not be completing a Market Survey for SPM7MX14R0001 as DLA is procuring these NSNs from our supplier.

Please direct your Market Survey to Grove US LLC (DBA Manitowoc Crane) as Oshkosh Corporation will not quote these NSNs at this time.”

Grove DBA Manitowoc (12361): POC:

Large Business manufacturer, with a preference to deal with the Government.

Is interested in pursuing a Long-Term Contract for the item.

Commercial distribution network and dealers are no linked and cannot review each other’s inventory

Indicated commerciality for some items and

BAE Systems (0FW39):

Stated these are not items they are likely to quote on future opportunities.

On the previous solicitation (SPM7MX14R0001), this company said “Our supplier for these items is the current contract holder. If they plan to bid direct on the new opportunity then we would not bid on it.”

Oshkosh Defense (75Q65):

No response received

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On the previous solicitation (SPM7MX14R0001), this company said “We will not be completing a Market Survey for SPM7MX14R0001 as DLA is procuring these NSNs from our supplier. Please direct your Market Survey to Grove US LLC (DBA Manitowoc Crane) as Oshkosh Corporation will not quote these NSNs at this time.”

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. The technical reviews did not identify any other sources capable of manufacturing these items.

DLA Aviation- completed technical review on 2/11/18 for NSN 5342014775278.

DLA Troop Support- completed technical review on 10/19/17 for NSN 4440014777846 and on 11/2/17 for NSN 5355012052922.

DLA Land and Maritime- completed technical review on 11/13/17 for all remaining NSNs.

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

Grove U.S. DBA Manitowoc Crane (12361)

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

12. 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 the previous J&A for contract SPE7MX14D0039 is attached.

CONTRACTING OFFICER CERTIFICATION

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.125189

Date: 2018.04.17 12:57:06 -04'00'

COUTURE.MARY.E

.1230253613

Digitally signed by

COUTURE.MARY.E.1230253613

Date: 2018.04.24 15:03:06 -04'00'