SPE7MX-20-R-X028 redacted.pdf

For Official Use Only Source Selection Information

See FAR 2.101 and 3.104

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

SOLICITATION SPE7MX-20-R-X028

[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. The solicitation will be conducted under the policies of FAR Subpart 13.5 “Simplified Procedures for Certain Commercial Items.” DLA Land and Maritime proposes to enter into a firm-fixed price, indefinite delivery contract. The solicitation will be for a total of five years, which includes one three-year base period and two one-year option periods.

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

CLIN NSN

Weapon System Code Weapon System Description

0001 3040014387792 93A TRUCK, FORKLIFT 1000M

0002 3040014387795 93A TRUCK, FORKLIFT 1000M

0003 3040014388054 93A TRUCK, FORKLIFT 1000M

0004 3040014406098 93A TRUCK, FORKLIFT 1000M

0005 3040014429354 93A TRUCK, FORKLIFT 1000M

0006 4330015039863 MCM

TRUCK, FORKLIFT, ROUGH

TERRAIN, 6000 LB, MODEL

MMV (51D)

0007 4330015115676 MCM

TRUCK, FORKLIFT, ROUGH

TERRAIN, 6000 LB, MODEL

MMV (51D)

0008 4720013777382 93A TRUCK, FORKLIFT 1000M

0009 4720014394840 93A TRUCK, FORKLIFT 1000M

0010 4720014520355 93A TRUCK, FORKLIFT 1000M

0011 4720014553399 93A TRUCK, FORKLIFT 1000M

0012 4720015024980 93A TRUCK, FORKLIFT 1000M

0013 4730014538799 93A TRUCK, FORKLIFT 1000M

Contract Line Item

Number

(CLIN)

National Stock Number (NSN) Item Name Unit of

Issue

Estimated Annual

Demand Quantity

(ADQ)

Estimated Annual

Demand Value (ADV)

Acquisitio n Method

Code

(AMC)

Acquisition Method

Suffix Code

(AMSC)

Commercial and

Government Entity Code

(CAGE)

APPROVED

PART

NUMBER

0001 3040014387792 CYLINDER ASSEMBLY,A EA = Each 321 3 C 1YHH8 6604732

0002 3040014387795 PAWL EA 118 3 D 1YHH8 8224012

0003 3040014388054 CYLINDER ASSEMBLY,A EA 59 3 D 1YHH8 6623299

0004 3040014406098 CYLINDER,ACTUATING, EA 107 3 C 1YHH8 6623296

0005 3040014429354 LINING,FRICTION EA 762 3 L 1YHH8 7115382

0006 4330015039863 KIT,FILTER 1000 HR EA 38 3 D 1YHH8 8024015

0007 4330015115676 PARTS KIT,FLUID PRE EA 42 3 D 1YHH8 8024052

0008 4720013777382 HOSE ASSEMBLY,NONME AY =

Assembly

401 3 C 1YHH8 6604732

0009 4720014394840 HOSE ASSEMBLY,NONME AY 808 3 D 1YHH8 2714452

0010 4720014520355 HOSE ASSEMBLY,NONME EA 186 3 L 1YHH8 2714932

0011 4720014553399 HOSE ASSEMBLY,NONME EA 147 3 L 1YHH8 2715652

0012 4720015024980 PARTS KIT,HOSE ASSE KT = Kit 80 3 D 1YHH8 6622013

0013 4730014538799 NIPPLE,QUICK-DISCON EA 473 3 D 1YHH8 8430084

0014 4820014515021 VALVE ASSEMBLY EA 55 3 D 1YHH8 6619853S

0015 4820015034905 VALVE,JOYSTICK EA 11 3 D 1YHH8 8902292

0016 5930014082222 SWITCH,PRESSURE EA 209 3 D 1YHH8 8902292

0017 6110014390741 DISTRIBUTION BOX EA 33 3 D 1YHH8 6617743S

See FAR 2.101 and 3.104

0014 4820014515021 93A TRUCK, FORKLIFT 1000M

0015 4820015034905 MCM

TRUCK, FORKLIFT, ROUGH

TERRAIN, 6000 LB, MODEL

MMV (51D)

0016 5930014082222 93A TRUCK, FORKLIFT 1000M

0017 6110014390741 93A TRUCK, FORKLIFT 1000M

ESTIMATED BASE YEAR VALUE:

ESTIMATED TOTAL 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.

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

JLG Industries, Inc. (1YHH8) (JLG)

The use of the authority cited in other than 10. U.S.C. 2304(c)(1) above:

AMC 3. Acquire, for the second or subsequent time, directly from the manufacturer.

The use of the authority cited is based on:

AMSC C (3 NSNs). 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. 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. JLG is the only approved source and they are the only known source to own or possess the technical data necessary to manufacture these items.

AMSC D (11 NSNs). 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. 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. For the NSNs listed above, JLG is the only approved source for these items because they are the only known source with the data necessary to manufacture the items.

AMSC L (3 NSNs). 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

See FAR 2.101 and 3.104 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. JLG has been evaluated by the military services' Engineering Support Activity and is the only company known to have the capability to manufacture these items. An Item identified by AMSC L has been subjected to limited screening.

The Government does not physically have in its possession sufficient, accurate, or legible data to purchase this item from other than the identified source. Items identified by L on Long Term Contracts are subject to annual review for possible assignment of a different or permanent AMSC.

DLA Land and Maritime agrees to ensure that an annual review of these items occurs to determine if new technical data is available to allow for assignment of a more permanent AMSC. Any item determined to be competitively available during the solicitation evaluation phase will be removed from the acquisition requirement. Any item determined after contract award to be competitively available may be deleted from the contract and resolicited.

These items are used in both commercial and military ground vehicle applications. For the reasons stated above and based on market research summarized below, JLG is the only known source who currently manufactures or is capable of manufacturing these items to meet the military customer(s)’ need.

The confirmation of sources listed above was completed on 4/6/20, during the technical evaluation of this project by the Product Specialist, . Please also note that the Product Specialist confirmed that the technical data, including the AMSC codes in addition to the approved source, is accurate and there are no open 339s for these items. Based on the limited data the Government possesses, only JLG can meet the Government’s minimum needs for these items. If new sources are approved prior to award, the solicitation will be reissued allowing for the new source(s) a chance to compete for this acquisition.

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

The acquisition will be synopsized in May of 2020 prior to the solicitation opening. At the completion of the synopsis period, this acquisition will be solicited on the internet via the DLA Internet Bid Board System (DIBBS).

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

Certified Cost or Pricing Data is not required per FAR 15.403-1(b)(3) for the item listed above. These items are being solicited i/a/w Subpart 13.5 “Simplified Procedures for Certain Commercial Items.” In accordance with FAR Part 12.209, while the Contracting Officer must establish price reasonableness in accordance with 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 must ensure that contract terms, conditions, and prices are commensurate with the Government’s need. The Contracting Officer will

See FAR 2.101 and 3.104 determine that the contract award prices are fair and reasonable in accordance with FAR Subpart 15.4.

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

8. Market Research/Efforts to Obtain Competition:

A Sources Sought notice, with a copy of the market survey attached, was posted on beta.SAM.gov from 4/21/20, through 4/29/20, with no responses received.

Market surveys were sent to everyone in the procurement history. The market surveys were sent to SECO Pars Equipment Company (1JUW8), Spaires Inc. (6ZPL8) and JLG. The companies were asked to provide information such as a willingness to quote priced option years, provide stock delivery, state if the items are quantity sensitive, state if the items were commercial, asked if they could provide packaging requirements and addressed the consolidation requirements. The only company to respond to the market survey was JLG, which is an Oshkosh Company.

Sr. CSR/Contract Specialist at JLG, indicated that they were interested in a long-term contract (LTC).

The Contracting Officer compared the delivery times and delivery order maximums between the market research provided by JLG and the current contract and noticed that the delivery times were much higher than the current contract. The Contracting Officer asked JLG if this was a mistake, and if not, to please provide an explanation.

Market research was also conducted to gather information regarding commerciality of these items.

These items are currently on SPE7MX16D0048, which was awarded under FAR Part 12 procedures. In accordance with Defense Federal Acquisition Regulation Supplement (DFARS) Part 212.102(a)(ii)(A), the Contracting Officer presumes that these items that were determined to be

See FAR 2.101 and 3.104 commercial under SPE7MX16D0048, shall serve as a determination for this procurement.

Additionally, all these of the items were found available for sale to the public on the internet from various websites including JLG’s. Finally, a review of the current contract’s file shows that JLG provided commercial invoices for all items on this acquisition.

9. Additional facts supporting other than full and open competition are: Based upon the technical certification on file in DLA Land and Maritime – VEP technical data is not available for these CLINs and cannot be developed to permit full and open competition. The data presently available reflects the minimum needs of the Government. JLG is the only source that has expressed interest in participating in an LTC for the items listed in this solicitation.

10. In addition to the specific actions being taken by Technical Support personnel to overcome barriers to competition before any subsequent acquisitions or recertification of class determination are made, these items are subject to the following methods of locating additional sources: The solicitation contains L04 – Offers for Part Numbered Items and M06 – Evaluation of Offers for Part Numbered Items.

11. The J&A for the current LTC for these items, SPE7MX-16-D-0048, has been located and is in the file.

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. If not exceeding $700,000, this signature serves as the approval.

Charles E. Mielke II, Contracting Officer

APPROVAL/CERTIFICATION

I have reviewed and approve this justification. The estimated total value of the J&A is

Competition Advocate

APPROVAL REQUIREMENTS

[ x ] $700,000 - $13,500,000 Competition Advocate

MIELKE.CHARLES.EVANS.II.125

3169750

Digitally signed by

MIELKE.CHARLES.EVANS.II.1253169750

Date: 2020.05.12 17:24:51 -04'00'

SHEARER.MARY.E.1

250702449

Digitally signed by

SHEARER.MARY.E.1250702449

Date: 2020.05.15 14:11:41 -04'00'