FLAT_CL18080001_J&A_Redacted.pdf

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

SOLICITATION: SPE7MX-18-R-X042

DLA Land & Maritime Justification for Other Than Full & Open Competition

(FEB 2017)

[X] 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 full and open competition basis.

3. The supplies/services required to meet the using activity’s needs are described as follows:

BRIEF

DESCRIPTION NSN ADQ ADV AMC/AMSC

Approved CAGE/Part

Number

Portable Pressure Washer 4910-01-353-9944 209 3-D 6LHS6

G3000OH

Identify end item, weapon system, or class of item: Airfield Damage Rep (0MM), Landing Craft Utility (WNA)

ESTIMATED 3 YEAR BASE VALUE:

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. There is one Approved Source for this NSN: Karcher North America (6LHS6).

The WebFlis database as well as AMPL were researched to determine all approved sources and part numbers. The only known and approved source is the source listed above. The item is a design/source controlled item and the Government does not own or have rights to the technical data for this NSN. Adequate data for the evaluation of an alternate offer is not available at the procurement agency. The offeror must provide a complete data package including data for the approved and alternate part for evaluation.

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

(6LHS6).

6. 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 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

DLA Land & Maritime Justification for Other Than Full & Open Competition

(FEB 2017)

In accordance with FAR 6.303-2(c) supporting data that is the responsibility of technical personnel has been certified as complete and accurate by the technical personnel. The above AMC/AMSC codes have been approved with the Product Specialist as complete and accurate as of May 14, 2018.

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

[X] The acquisition will be synopsized on or about 7/2/2018.

[X] The acquisition will be solicited on DIBBs for a minimum of 15 days.

[X] A Sources Sought was posted to FBO from May 2, 2018 through May 9, 2018.

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

Price analysis will be conducted for this acquisition to deem the prices fair and reasonable as required by FAR 15.403-4. The price analysis will consist of utilizing the historical prices and adjusting them based on the PPI Index. The price will be adjusted utilizing learning curves to determine the Government low and high targets for this acquisition. Additionally, these are commercial items, therefore a comparison will be made to the prices offered to the general public. The offeror(s) may be requested to submit information other than cost and pricing data to determine price reasonableness. Cost and pricing data is not required as these items are being solicited under FAR 13.5 Simplified Procedures for Certain Commercial Items.

9. Market Research/Efforts to Obtain Competition:

A Sources Sought was posted on FedBizOps on May 2, 2018. No responses were received. In addition to the sources sought, a market survey was sent to the approved source. A response was received from

. An analysis was performed of the information in Haystack to review the procurement history and whether any similar items may be available for comparison for the price analysis or to allow for enhanced competition. The information in Haystack indicated that part numbers are source controlled by Karcher North America.

Techniques used to conduct survey [X] Market Research was e-mailed to the one approved source. Phone calls were also made in instances where emails were not returned.

Types of information requested: The market survey requested that companies provide answers to general questions regarding their company size and status, the existence of a parent company, commerciality. Long Term Contract related questions asked include: whether the company is interested in an LTC, if a three-year base period with two one year options is acceptable, whether Firm Fixed Price is acceptable, and whether the item is listed on a GSA Schedule. The Market Survey requested whether the offerors would be able to provide Cost and Pricing Data.

Other questions asked include: whether it would be beneficial to combine NSNs, whether the product is commercial, whether prices were published, whether prices would be included for transportation charges if the item requires FOB Destination, and whether the government would see any savings. Delivery questions were asked regarding phased delivery, and maximum quantity.

Summary of Markey Survey Information Received:

On 3/21/2018 a market survey was submitted by , Government Sales Manager, Karcher North America. The response provided the following results:

1) Karcher North America is a large business manufacturer. They have a commercial distribution network and also have access to EDI. They would accept a 3 year base period with 2 one year options, requiring an

. They stated the NSN is on the GS-07F-0496T GSA Schedule. Karcher

DLA Land & Maritime Justification for Other Than Full & Open Competition

(FEB 2017)

stated that the item is commercial and they can provide published pricing.

received regarding the commerciality of the item(s):

The buyer was able to find the exact part number for sale on the commercial market place at the following public website: https://www.kaercher.com/us/home-garden/gas-pressure-washers/g-3000-oh-11072810.html. The approved source, Karcher North America also indicated in their Market Survey that the item is commercial and that they can provide an un-redacted commercial sales history as well as published commercial pricing. The item has been determined Commercial IAW FAR 2.101.

10. 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.

11. A listing of sources, if any, indicating an interest in the acquisition is: Karcher North America (6LHS6).

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

[X] Solicitation contains L&M Proc Note 217-9023 RESTRICTION OF ALTERNATE OFFERS FOR SOURCE

CONTROLLED ITEMS (APR 2017).

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.

Contracting Officer

APPROVAL REQUIREMENTS

[X] Up to $700,000 Contracting Officer

[] $700,000 to $13,500,000 Competition Advocate

[ ] $13,500,000 to $93,000,000 Head of Contracting Activity (HCA)

[ ] over $93,000,000 Senior Procurement Executive (AQ)

ARCHIBALD.LO

RI.A.1230193190

Digitally signed by

ARCHIBALD.LORI.A.1230193190

Date: 2018.08.30 11:45:57 -04'00'