SPRAL117R0043_-Redacted_JA.pdf

JUSTIFICATIONS FOR OTHER THAN FULL AND OPEN COMPETITION

SOLICITATION# SPRAL1-17-R-0043

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION SOLICITATION# SPRAL1-17-R-0043- SOURCE SELECTION INFORMATION (SEE FAR 2.101 & 3.104) Page 1 of 6

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 of the TRANSMISSION WITH CONTAINER (NSN 2520-01-474-5771). Other than a full and open competition basis per FAR 6.302-1 and 10 U.S.C. 2304 (c) (1) will be utilized after market research (FAR 10) and U.S. Marine Corp tech data it was determined that the NSN on the requirement is sole source to Oshkosh Defense, LLC (75Q65).

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

BRIEF DESCRIPTION NSN/PN QUANTITY EST.VALUE AMSC

TRANSMISSION WITH CONT 2520-01-474-5771 6.00 B

TOTAL VALUE

Attachment I– PR Trailer

The following is the Item description (NSN# 2520-01-474-5771):

The TRANSMISSION is used on Oshkosh’s Medium Tactical Vehicle Replacement (MK23). Oshkosh indicated that the components that make up the transmission (KIT, DRESSED XMSN W/ CONTAINER) are not inherently military. The U.S. Marine Corps Logistic Command (LOGCOM) indicated that the 7- Ton Series uses an Allison WT-series, seven speed, automatic transmission, model HD4070. The transmission is directly coupled to the Caterpillar C-12 engine. The main components of the transmission are the Transmission Assembly, Transmission Electronic Control Unit (ECU), and Transmission Range Selector. The end item is the Medium Tactical Vehicle Replacement (MTVR) which is described in the below paragraph.

Built to go over the roughest terrains and through the most hazardous environments, the Oshkosh Defense® Medium Tactical Vehicle Replacement (MTVR) is a high-performance all-terrain vehicle military personnel can rely on. The MTVR easily carries 15 tons (13608 kg) over the highway and up to 7 tons (6350 kg) off-road. And with advanced technologies like the TAK-4® independent suspension system and the Command Zone™ integrated control and diagnostics system, the MTVR has the brawn and the brains to take on any obstacle that attempts to impede the mission. It’s also backed by Oshkosh throughout its entire life-cycle, so it will always be ready. For any mission. Anywhere

Identify end item, weapon system, or class of item: TAMCN D0003, NSN 2320-01-465-2174: Medium Tactical Vehicle Replacement MK23.

ESTIMATED VALUE in U.S. dollars:

SOURCE SELECTION INFORMATION (SEE FAR 2.101 & 3.104) Page 2 of 6

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:

This item is sourced controlled to Oshkosh Defense, LLC (75Q65). As a result, Oshkosh Defense, LLC (75Q65) is uniquely qualified to provide spare parts for the United States Marine Corps. Oshkosh Defense, LLC (75Q65) is the only known firm that possesses the technical data, drawings and specifications necessary to fulfill the Governments requirements. In addition, much of the design, technical data, material, and manufacturing processes required to manufacture this item was developed by Oshkosh Defense, LLC (75Q65).

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

(X) AMSC B. This part must be acquired from a manufacturing source(s) specified on a source control or selected item drawing as defined by the current version of DoD-STD-100. Suitable technical data, Government data rights, or manufacturing knowledge are not available to permit acquisition from other sources, nor qualification testing of another part, nor use of a second source part in the intended application. Although, by DoD-STD-100 definition, altered and selected items shall have an adequate technical data package, data review discloses that required data or data rights are not in Government possession and cannot be economically obtained. If one source is available, AMCs 3, 4, or 5 are valid. If at least two sources exist, AMCs 1 or 2 are valid.

(X) FAR 6.302-1 and 10 U.S.C. 2304 (c) (1). – Available from only one or limited number of sources:

Oshkosh Defense, LLC (75Q65) as per the technical certificate from U.S. Marine Corps SYSTEM

COMMAND (SYSCOM).

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

(X) The acquisition will be synopsized on May 9, 2017 until May 23, 2017 (SPRAL117R0043).

( ) Manufacturers of similar products identified in the market research will be solicited.

(X) Dealers of the manufacturer will be solicited.

( ) A synopsis exception cited in FAR 5.202 applies. (Explain)

(X) Other (Explain) – A sources Sought was conducted on FedBizOps from April 28, 2017 until May 8 under solicitation SPRAL117R0043. There was one (1) market survey response received to the sources sought notice that was published for ten (10) calendar days. The market survey was received from the original equipment manufacturer (OEM), Oshkosh Defense LLC (75Q65), who is the sole source manufacturer, based from the technical certification that was provided by the U.S. Marines Logistic Command (LOGCOM).

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

SOURCE SELECTION INFORMATION (SEE FAR 2.101 & 3.104) Page 3 of 6

Procurement history is not available for this NSN 2520-01-474-5771. Part number 3311904 was researched in Eprocurement and Haystack, but no information was found. Similar items were also researched in Haystack, but none were found. The General Services Administration (GSA Advantage) website was also researched, but part number 3311904 was not available for purchase via GSA. Furthermore, the proposed unit price will be compared against the commercial pricing available and the acquisition specialist will seek and informal breakdown as well. Therefore, this procurement will be considered a first time buy. Currently, there is another request for proposal SPRAL117R0019 with the same NSN that is out on solicitation. The government will be able to utilize that procurement during evaluation.

8. Market Research/Efforts to Obtain Competition:

Describe the market research conducted and the results.

A source sought was conducted on FedBizOps from April 28, 2017 through May 8, 2017. In addition to the sources sought, a market survey was submitted to Oshkosh Defense LLC (75Q65) for their completion. There was one response received to the source sought notice that was published for ten (10) calendar days. A completed market survey was received from

Contract Intern of Oshkosh Defense LLC (75Q65) on December 27, 2016. The acquisition specialist will also utilized the first time buy questionnaire that was provided by Oshkosh for the same NSN under solicitation SPRAL117R0019. The results of the market survey will be discussed in detail under “Type of Information Requested.” An analysis was performed of the information in Haystack to review the procurement history and if 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 number 3311904 is sourced controlled to Oshkosh Defense LLC (75Q65) and it does not indicate that it was previously sourced to any other vendor.

No similar items were found in Haystack. Finally, part number 3311904 is not available for purchase via GSA Advantage website.

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

A market survey was conducted on/during: market surveys were submitted two ways. The first way was via the source sought (April 28, 2017 through May 8, 2017) which included the market survey as attachment. In the notice, it stated that anyone not providing an approved source would need to submit a Source Approval Request (SAR). The second way market research was conducted was sending the market survey to Oshkosh Defense LLC (75Q65),/sole source) via email on April 28, 2017 with a requested response by May 8, 2017.

Total number of vendors contacted: 1 (one).

Names of vendors contacted and responding: Oshkosh Defense LLC (75Q65).

Techniques used to conduct survey: Email (communication) and written survey format technique.

SOURCE SELECTION INFORMATION (SEE FAR 2.101 & 3.104) Page 4 of 6

Types of information requested:

As indicated earlier, the OEM; Oshkosh Defense LLC (75Q65), was contacted to submit a complete market survey. The survey consists of approximately 20 general questions and the questionnaire consists of eight questions about the item. Information provided about part number 33119047, confirms that Oshkosh Defense LLC (75Q65), is the manufacturer of this item. Majority of the other questions involved check boxes and (yes or no) answers, miscellaneous questions and final comment section at the very end of the questionnaire. Information sought on the market survey included business size, quantity sensitivity of the item, if the items is carried in the inventory, if a dealer/distributor network exists, the anticipated unit price and delivery of the item, if the item is commercial, which FOB & I/A is acceptable, if the OEM recognized part numbers, and if the contractor is EDI & MIL-STD-129 markings capable.

Summary of information received:

Sources sought:

The sources sought closed and one market survey was received as indicated above.

Oshkosh Defense LLC (75Q65):

The feedback provided by Oshkosh Defense LLC (75Q65), included the following; they are a large manufacturer and sole source provider for NSN 2520-01-474-5771, part number 3311904. Oshkosh Defense LLC (75Q65) indicated

. Per FAR 2.101 (b) this item is considered commercial. This NSN is considered commercial per contractor’s information.

Information received regarding the commerciality of the item(s): based on market research information and Internet search the item is considered commercial. Oshkosh Defense LLC (75Q65) has provided enough evidence that supports this item is available to the commercial market. Oshkosh Defense LLC (75Q65) submitted an email on January 24, 2017 providing a past commercial validation letter for U.S. Marine Corps contract # M67004-01-D-0009. Oshkosh indicated that NSN

SOURCE SELECTION INFORMATION (SEE FAR 2.101 & 3.104) Page 5 of 6

2520-01-474-5771 primarily consists of a transmission that is supplied by the manufacturer Allison.

Page 2 of the commercial validation letter in paragraph, “vehicle parts support and distribution” describes that the distribution and sales of heavy truck parts such as the MTVR (Medium Tactical Vehicle Replacement) is a commercial business and the MTVR’s parts are like or similar to parts offered to the general public and are available to the commercial market place. The MTVR is generally made up of commercial sourced suppliers such as Caterpillar, Allison, MGM Brakes, and other automotive and heavy duty truck, manufacturers to include Oshkosh Truck Corporation. The contracting Officer, Julie Miller, indicated in an email on January 24, 2017 that the commercial validation letter provided by Oshkosh Defense LLC (75Q65) is satisfactory in support of commerciality described per FAR 2.101. Therefore, this item is deemed commercial and FAR 12 procedures will be utilized.

9. Additional facts supporting other than full and open competition are:

(X) Based upon the technical certification on file via the technical certification from SYSCOM 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.

( ) Other:___________________________________________________________________

10. A listing of sources, if any, indicating an interest in the acquisition is: (If none, so state)

Oshkosh Defense LLC (75Q65).

11. This item is subject to the following methods of locating additional sources:

(X) The solicitation contains Procurement Notes L04 and M06.

( ) VE Bailment Program ( ) Source Development Review ( ) Reverse Engineering

(X) Other: The Marine Corps. does not intend to procure the technical data necessary to foster competition for this item. A source sought was posted in FedBizOps for 10 calendar days receiving one response from the Oshkosh Defense LLC (75Q65). However, a SAR was not submitted for this requirement from any other vendor.

Attachment I–PR Trailer Attachment II–Commercial Validation Letter

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.

ge and belief. If not excee

_______________________ 614 692 4841 30 May 2017

SOURCE SELECTION INFORMATION (SEE FAR 2.101 & 3.104) Page 6 of 6

Julie M. Miller Contracting Officer Phone Date

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

Competition Advocate Phone Date

Signature

Head of the Contracting Activity (HCA) Date

Signature

Senior Procurement Executive (AQ) Date

Signature

APPROVAL REQUIREMENTS

(X) Up to $700,000 Contracting Officer