J&A6.302-1cSPE7MX19RX003.pdf

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

SOLICITATION SPE7MX19RX003

[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 a full and open competition basis.

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

The project is a 5 year Indefinite Delivery Contract (IDC) using Simplified Acquisition Procedures under FAR 13.5. This item is manufactured by Oshkosh Defense CAGE 75Q65 and Tankcraft CAGE 49349.

BRIEF DESCRIPTION NSN/P/N EST. ADV AMSC ADQ

TANK, FUEL, ENGINE 2910011573652 1/R 313

Identify end item, weapon system, or class of item: This item is used only on the Heavy Expanded Mobility Tactical Truck (HEMTT). It is a 150 gallon fuel tank.

ESTIMATED (3-Year) BASE VALUE:

ESTIMATED TOTAL VALUE (3-year BASE + OPTIONS):

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.

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

OSHKOSH DEFENSE CAGE 75Q65 AND TANKCRAFT CAGE 49349

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 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.

Although these items have been determined commercial, these items are used on a military specific weapon system designed to satisfy the needs of the warfighter. Based on market research, Tankcraft and Oshkosh are the only known sources that have the technical data and manufacturing knowledge necessary to ensure these repair and replacement parts to properly support the services. There is no evidence that standard, similar commercial parts can support the weapon system (HEMTT). It is therefore essential to limit to Oshkosh and Tankcraft part number items. A technical review was completed on 11/20/18 and the technical information is accurate and complete. These items are used as repair and replacement parts on HEMTT that ensure the systems function in accordance with military requirements. Market research reveals no other source for this item that will ensure these military weapons systems function in accordance with military requirements.

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

[ x ] The acquisition will be synopsized on or about _02/06/19_____.

[ x ] Other. A sources sought notice was posted to FedBizOps on 09/26/18 with a closing on 10/05/18. No responses were received.

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

The basis for the Government’s fair and reasonable price determination is anticipated to be price analysis of previous procurement pricing and commercial pricing. BP (Mr. Paul Kitzmiller) is assisting with pricing analysis and will be assisting the buyer with price analysis of this item.

Other than certified data will be requested to support pricing, if needed. Based on market research, this is sole source to Oshkosh and Tankcraft with no dealer involvement. The contract length will be 5 years based on the information obtained during market research.

8. Market Research/Efforts to Obtain Competition:

A review of the purchase history, coordination with the DLA Land and Maritime Small Business Office, and a review of the project data by DLA Land and Maritime-ZCA. The previous history indicates that SPM7LX09D9008 was a large Oshkosh long term contract and the buyer was able to review the file and obtain the previous J&A. Please see file for previous J&A.

Market Survey [10 U.S.C. 2304(f)(3)(D)]:

[ ] A market survey was conducted on/during __11/01/2018-02/01/2019 Total number of vendors contacted: _2___________________________.

Names of vendors contacted and responding:

-Tankcraft CAGE 49349-responded and stated they were not interested and that they were only selling this item to Oshkosh.

-Oshkosh CAGE 75Q65-responded and stated they are interested in this procurement.

Techniques used to conduct survey: -EMAIL and PHONE

Types of information requested: See page 4 for Survey Results Summary of information received: See page 4 for Survey Results Information received regarding the commerciality of the item(s): See page 4 for Survey Results

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.

DLA Land and Maritime-VE was contacted by email on 09/27/18. VE responded that there are no open engineering projects on this NSN at this time.

10. A listing of sources, if any, indicating an interest in the acquisition is: (If none, so state) -Oshkosh Defense CAGE 75Q65

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

[ X ] Solicitation contains DLA Procurement Note, L04 Offers for Part Numbered Items [ X ] Solicitation contains DLA Procurement Note, M06 Evaluation of Offers for Part Numbered Items [ ] VE Bailment Program [ ] Source Development Review [ ] Reverse Engineering [ ] Other (Explain)

Market Survey Results

Both approved sources were contacted for this project. Tankcraft CAGE 49349 and Oshkosh Defense CAGE 75Q65.

Tankcraft is a manufacturer for this Fuel tank. Oshkosh is also listed as an approved source, but Tankcraft has an agreement only to see this item to Oshkosh. Tankcraft is not interested in this procurement.

Oshkosh is an approved source, but appears to get this item from Tankcraft. This item is a fuel tank (150 gallons) that supports the HEMTT Heavy Expanded Mobility Tactical Truck.

This item has been established as a commercial item in the past. Oshkosh states this is a commercial item and after reviewing the previous documentation the buyer is relying on the prior commerciality determination. The buyer requested a Product Specialist review for this item, and they also recommended that this could be a commercial of a type. This was determined commercial as far back as 2008 based on a commercial price list and other information from Oshkosh. Oshkosh gave a similar commercial item that was reviewed by the PS. The PS reviewed the technical aspects of the military fuel tank and the similar commercial freightliner fuel tank (P/N AT-138333), and concluded that the military tank requires to be primed with a primer and the similar freightliner fuel tank does not. With the information provided the buyer stands by the previous determinations and has determined that this item is commercial based on commercial definition in FAR 2.101 under commercial items defined under (1) that the item, other than real property, that is of a type customarily used by the general public or by non-governmental entities for purposes other than governmental purposes, and has been offered for sale, lease, or license to the general public through the commercial price list.

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 Date

APPROVAL/CERTIFICATION

I have reviewed and approve this justification:

Competition Advocate Signature Date

Head of the Contracting Activity (HCA) Date Signature

DLA General Counsel Date Signature

Senior Procurement Executive (AQ) Date Signature

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) (DLA General Counsel signature line required when sending to AQ)

SHEARER.MARY.E.125

0702449

Digitally signed by

SHEARER.MARY.E.1250702449

Date: 2019.02.12 07:38:19 -05'00' 2/12/2019

ARCHIBALD.LO

RI.A.1230193190

Digitally signed by

ARCHIBALD.LORI.A.1230193190

Date: 2019.02.08 12:29:20 -05'00'