J&A--SPE7MX19R0057_Redacted.pdf

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

SOLICITATION: SPE7MX-19-R-0057

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 Cage/Part Number ADQ ADV AMC/AMSC

Hose, Nonmetallic

4720-01-421-0297 A041-2249590

2249590/45A237

1/P

Identify end item, weapon system, or class of item: Army’s Heavy Expanded Mobility Tactical Truck (HEMTT)

ESTIMATED BASE VALUE (3 YEARS):

ESTIMATED TOTAL VALUE (BASE + OPTIONS):

MAXIMUM CONTRACT VALUE:

PERIOD OF PERFORMANCE: Not to exceed a total of five years, which includes a 3-year base period, and the potential for (2) one-year options. Option renewals would be at the discretion of the government. A potential for price escalations for base-years 2 and 3, as well as the option years are available.

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. J.G.B. Enterprises, Inc., Oshkosh Defense, LLC., and Marshall of Cambridge Aerospace are listed as the only approved sources of supply for this item. This NSN is a specific spare part used on the Army’s HEMTT and also used by the UK. The WebFLis database as well as AMPL were both researched to determine all approved sources and part numbers.

The approved sources are the only vendors that possess the necessary data rights.

Technical data was certified as complete and accurate by Product Specialist review on 21 February 2019.

5. If restricted to the only source(s) of supply, include source(s) and CAGE code: J.G.B. Enterprises Inc. (Cage 61125), Oshkosh Defense, LLC. (Cage 75Q65), and Marshall of Cambridge Aerospace (Cage K3784).

The use of the authority cited below:

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

The use of the authority cited is based on:

[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

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

- Acquisition was synopsized 11 April 2019

- Buyer will solicit acquisition on DIBBs for a minimum of 30 days

- Dealers of approved sources will also be solicited

7. Buyer hereby determines anticipated cost to the Government will be fair and reasonable. Price analysis will be conducted to deem prices fair and reasonable as required per FAR 15.403-4. Price analysis will consist of utilizing historical prices and adjustments based on PPI Index. Buyer will also adjust price utilizing learning curves to determine high and low Government targets for this acquisition. Buyer may request offeror(s) submit information other than cost and pricing data to determine price reasonableness. Certified cost or pricing data is not required;

the contract maximum is less than TINA threshold.

8. Market Research/Efforts to Obtain Competition:

Buyer conducted Market Research from 25 February, 2019 through 12 March 2019.

Buyer directly contacted four vendors:

J.G.B. Enterprises Inc. (Cage 7Z016), (OEM) Oshkosh Defense, LLC. (Cage 75Q65), (OEM) Marshall of Cambridge (Cage K3784), (OEM) Ruta Supplies Inc. (Cage 0NJT4)

Buyer encouraged all vendors to complete a Market Research Survey Questionnaire; only J.G.B. Enterprises provided inputs.

Techniques used to conduct survey [X] Market Research was e-mailed to previous buy history providers. Buyer also attempted to reach vendors via telecom.

Types of information requested: The market survey requested companies provide answers to general questions regarding company size and status and the existence of a parent company. LTC related questions included:

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 offerors would be able to provide Cost and Pricing Data. Other questions included: additional sources of supply (if applicable), whether the product is commercial, requested pricing options, whether prices were published, potential for government cost savings, and quantity sensitivity. Delivery questions were asked regarding proposed delivery schedule.

Summary of Markey Research and Information Received:

Buyer conducted market research 25 February, 2019 through 12 March, 2019. Sent Market Research Survey Requests to OEMs and all previous awardees 25 February, 2019 with a suspense of 7 business days; received only one respondent (J.G.B. Enterprises). Attempted to contact additional vendors via telecom; received no replies.

The following correspondence reflects market research discussions with J.G.B Enterprises:

Forwarded Market Research Survey Questionnaire via email to on 25 February, 2019, who in-turn forwarded the correspondence to for action. returned Market Research Questionnaire on 26 February, 2019 and indicated the following:

- Does not consider this product a commercial item

- Interested in pursuing an LTC;

Additional factors supporting other than full and open competition:

Buyer published sources sought notice 29 March 2019 through 5 April 2019 but received no responses.

9. A listing of sources, if any, indicating an interest in the acquisition is: J.G.B. Enterprises Inc. (Cage 7Z016)

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

[X] Solicitation will contain DLA Procurement Notes L04, Offers for Part Numbered Items, and M06 Evaluation of Offers for Part Numbered Items

Note: There are no prior J & A(s) available; prior purchases did not exceed SAT.

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.

Lori A. Archibald __________________________ Contracting Officer Date

APPROVAL/CERTIFICATION

I have reviewed and approve this justification:

Competition Advocate Signature Date

APPROVAL REQUIREMENTS

[ ] Up to $700,000 Contracting Officer

[X] $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.LORI.A

.1230193190

Digitally signed by

ARCHIBALD.LORI.A.1230193190

Date: 2019.04.23 14:53:42 -04'00'

SHEARER.MARY.E.1250702449 Digitally signed by SHEARER.MARY.E.1250702449 Date: 2019.04.30 07:56:04 -04'00'