FLAT_Signed_CL18018001_J&A_Redacted.pdf

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

SOLICITATION: SPE7MX-19-R-0023

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

Direct Shock Absorber 2510-01-345- 0630 441 3-R

CAGE

75Q65

P/N 1721430

Identify end item, weapon system, or class of item: Palletized Loading System (YEA)

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: Oshkosh Defense, LLC (75Q65).

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 data rights to use the data needed to purchase this part from additional sources are not owned by the Government and it has been determined that it is uneconomical to purchase the data. 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: Oshkosh Defense, LLC (75Q65).

6. The use of the authority cited below:

Oshkosh Defense is the only source that has the rights or the data to manufacture this item.

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

The use of the authority cited is based on:

[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.

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 January 4, 2019.

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

[X] The acquisition was synopsized on November 20, 2018.

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

[X] A Sources Sought was posted to FBO from January 23, 2018 through January 30, 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. 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 below the Certified Cost and Pricing Threshold.

9. Market Research/Efforts to Obtain Competition:

A sources sought was posted on January 23, 2018, no responses were received. Market Research Surveys were sent to 5 companies, three of which have provided the item in the past and Oshkosh, the OEM. Negative responses were received from . One response was received from SupplyCore, which is the most recent provider of this item. 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 Oshkosh.

Techniques used to conduct survey [X] Market Research was e-mailed to previous buy history providers and 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 12/20/2018, a market survey was submitted by SupplyCore (4V314). The response provided the following results:

SupplyCore stated that they area a small business distributor of this item that deals directly with the Government.

They stated that are EDI capable and would accept a 3 year base and 2 one year option contract. SupplyCore stated that this item is not commercial and they have not sold this item to organizations outside of the Government. They stated their delivery is approximately .

Information received regarding the commerciality of the item(s):

The OEM, Oshkosh, was contracted regarding commerciality. While Oshkosh states that the item could be considered commercial, the buyer could not get enough information to determine the item commercial as the data for this item is not owned by the Government and accurate item by item comparisons were not available.

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: Oshkosh Defense, LLC (75Q65), SupplyCore (4V314)

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).

13. This NSN was on the FASI contract and the prior J&A is attached.

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)

Attachment:

Attachment 1 – Prior J&A

TONEY.CAROLYN.

MARIE.1400916922

Digitally signed by

TONEY.CAROLYN.MARIE.14009

16922 Date: 2019.01.09 12:41:03 -05'00'