Redacted_J&A_18R0059.pdf

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

SOLICITATION: SPRAL1-18-R-0059

1 JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

SOLICITATION# SPRAL1-18-R-0059 - SOURCE SELECTION INFORMATION (SEE FAR

2.101 & 3.104)

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 for an Extinguisher, Fire, for the following NSN 4210- 01-599-9801 for part number 3950558. Other than full and open competition basis per FAR 6.302-1 and 10 U.S.C.

2304 (c) (1) will be utilized since after market research (FAR 10) was conducted and the Marine Corp. technical data that was presented indicates the NSN is sole source to Oshkosh Defense, LLC (75Q65). Oshkosh Defense, LLC is the only known provider of this item to meet the services’ needs.

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

CLIN BRIEF DESCRIPTION NSN/PN QUANTITY EST.VALUE AMSC

0001 Extinguisher, Fire 4210-01-599-9801 200 EA $ Q

Extinguisher, Fire. The Extinguisher, Fire is an automatic or hand operated device designed to discharge upon a fire. The Extinguisher, Fire have heat, smoke or optical detectors. The device may or may not be charged but must contain all components necessary for discharge once filled with firefighting agents or chemicals. The end item for the Extinguisher, Fire is the 7 ton without winch reducible armored tractor truck that is unique to the USMC. This vehicle is part of the Family of Medium Tactical Vehicles (FMTV), which includes full-time all-wheel drive, high horsepower-to-weight ratio, electronic central tire inflation system and a 3-person cab.

Identify end item, weapon system, or class of item: DLR item from Albany, GA – Table of Authorized Material Control Number (TAMCN): D0013.

Procurement History:

Company Contract# NSN Date Quantity Unit Price

Price Reasonableness

Code Oshkosh Defense, LLC

(75Q65) SPRAL118P0045 4210-01-599-9801 4/20/18 29 EA $2,126.27 BG

Oshkosh Defense, LLC

(75Q65) SPRAL116M0088 4210-01-599-9801 7/8/16 5 EA $1,982.08 BG

Oshkosh Defense, LLC

(75Q65) SPRAL115M0043 4210-01-599-9801 4/1/15 15 EA $1,982.65 BI

Ruta Supplies Inc.

(0NJT4) SPRAL115M0008 4210-01-599-9801 10/28/14 5 EA $2,267.13 BG

Ruta Supplies Inc.

(0NJT4) SPRAL114M0054 4210-01-599-9801 4/16/14 2 EA $2,176.04 BI

Previous J&A’s are not available for this NSN as this is the first time it is being procured as a large purchase.

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.

Based on the technical certification that was provided by LOGCOM, SYSCOM does not own the drawings for this item to allow for full open and competition to exist. Based on SYSCOM’s technical review and certification, this item is to be procured from the sole source manufacturer, Oshkosh Defense, LLC. The technical certificate from SYSCOM is attached to this document. Oshkosh Defense, LLC is the only company known by the Government to possess the technical data necessary to manufacture this item.

5. If restricted to the only source(s) of supply, include source(s) and CAGE code: NSN is sole source to Oshkosh Defense, LLC per DLR tech data from Albany, GA. Oshkosh Defense, LLC is the only manufacturing source specified on the source control or selected item drawing.

2 JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

SOLICITATION# SPRAL1-18-R-0059 - SOURCE SELECTION INFORMATION (SEE FAR

2.101 & 3.104)

The use of the authority cited is based on:

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

The use of the authority cited is based on:

(X) AMSC Q. The Government does not have adequate data, lacks rights to data, or both needed to purchase this part from additional sources. The Government has been unable to economically buy the data or rights to the data, although the part has been undergoing full screening for 12 or more months. Breakout to competition has not been achieved, but current, continuing actions to obtain necessary rights to data or adequate, reprocurement technical data indicate breakout to competition is expected to be achieved. This part may be a candidate for reverse engineering or other techniques to obtain technical data. All AMSC Q items are required to be reviewed within the timeframes cited in 2-203(b). If one source is available, AMCs 3, 4, or 5 are valid. If at least two sources exist, AMCs 1 or 2 are valid.

A request sent to LOGCOM on 30 January 2019 to request that SYSCOM review the AMSC code assignment. In an effort not to delay the procurement, actions are moving forward. If SYSCOM makes a change to the ASMC code assignment, then an addendum will be written to this document but otherwise, it is assumed that the AMSC code assignment will remain unchanged. In an effort to ensure that validation of the AMSC code assignment and sources were reviewed, WebFLIS was researched to confirm that the only source listed for this item is Oshkosh Defense

LLC.

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

(X) The acquisition was synopsized on October 12, 2018.

(X) Other (Explain): Based on the technical certification that was provided by LOGCOM, SYSCOM does not own the drawings for this item to allow for full open and competition to exist. However, the Extinguisher, Fire needs to be procured from the sole source manufacturer based on the tech data. The technical certificate from SYSCOM is attached to this document (Attachment #1).

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

The current requirement is sole source to Oshkosh Defense, LLC and will be solicited for 30 days. The requirement is for a total quantity of (200) EA for NSN 4210-01-599-9801 for part number 3950558 for a total estimate of

Certified Cost and Pricing data will not be required because the estimated value threshold does not exceed $2.0M per DAG 15.403-4 or DLAD 15.402-90. However, informal cost or pricing data maybe requested to assist in determining the price fair and reasonable.

In addition, the buyer will use previous award (SPRAL1-18-P-0045) for the price analysis to establish Government targets. The price analysis will utilize a 95% learning curve for the high target price and a 99% learning curve for the low target price.

8. Market Research/Efforts to Obtain Competition:

A sources sought was conducted on FedBizOps from August 16, 2018 through August 27, 2018. There were no responses received to the sources sought notice that was published for ten calendar days. A market survey was submitted to Oshkosh Defense, LLC. The market survey (consists of approximately 24 general questions). The results of the market survey will be discussed in detail under “Type of information requested”. In addition, there was no information available from Google, Amazon, GSA or EBay to support commerciality.

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 (August 16, 2018 through August 27, 2018) which included the market survey as an attachment and allowed for non-approved sources to submit a SAR. The second way market research was conducted via the market

3 JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

SOLICITATION# SPRAL1-18-R-0059 - SOURCE SELECTION INFORMATION (SEE FAR

2.101 & 3.104) survey that was submitted to Oshkosh Defense, LLC: August 16, 2018 through August 27, 2018, which was not completed by Oshkosh Defense, LLC.

Total number of vendors contacted: 1 (one).

Names of vendors contacted and responding: Oshkosh Defense, LLC Techniques used to conduct survey: Email (communication) and written survey format technique.

Types of information requested:

Source sought:

A sources sought was posted in FedBizOps on August 16, 2018 with a response day of August 27, 2018. The main purpose of source of sought was to provide an opportunity to other potential sources to manufacture this NSN in order to promote competition. Sources that are not approved for this NSN were required to submit a Source Approval Request (SAR) to DLA Land and Maritime. Since DLA Land and Maritime does not manage this item, the SAR package would need to be submitted to LOGCOM, who manages the NSN. LOGCOM would then take the SAR information and submit it to SYSCOM since they manage the technical piece of the NSN. While the approval of the SAR would not necessarily occur for this procurement, it could be reviewed for future procurements. For this procurement, there were no SAR packages submitted.

As part of the sources sought, a market survey was included to allow potential offerors an opportunity to provide feedback on the current marketplace for this acquisition. The market survey included information about if the item was available in the commercial marketplace, EDI & MIL-STD-129 capable, company sizes, FOB & I/A information, P/N, quantity, delivery and OEM information, etc.

Types of information requested: A market survey was sent to Oshkosh Defense, LLC via email in order to tailor our current acquisition situation under the following NSN – 4210-01-599-9801. Survey consists of approximately 24 general questions. Majority of questions involved check boxes and (yes or no) answers. The market survey included information about if the item was available in the commercial marketplace, if the contractor preferred to do business direct with the Government or via a distributor, if FOB Destination and FOB Origin would be acceptable, if the part number provided by the Marines was active and procurable and if the price supplied by the Marines was close to the current unit price. It also, included questions concerning delivery, quantity breaks, and inspection and acceptance points and if dealers quoted, and if the contractor is EDI & MIL-STD-129 markings capable.

Summary of information received:

Sources sought:

The sources sought closed without receiving any responses from vendors submitting either SAR or market survey information for this requirement. Therefore, based on the technical certificate from SYSCOM Oshkosh Defense, LLC is sole source for this NSN.

Oshkosh Defense, LLC.

This procurement is a code and part number (3950558) buy to Oshkosh Defense, LLC. Oshkosh Defense, LLC is a large business per their SAM registration. Oshkosh Defense, LLC did not provide a completed market survey after several attempts via email. DLA Land and Maritime is unable to state if Oshkosh Defense, LLC carries this item in stock, if the item is quantity sensitive and if the item contains hazardous material. Quantity ranges, options, or zone pricing are not applicable for this requirement. DLA Land and Maritime is unable to know if Oshkosh Defense, LLC is willing to quote FOB origin with inspection acceptance at origin. DLA Land and Maritime does not know if the item is commercial. Most of the provisions listed in the market survey are “Yes” or “No” answers. P/N and estimated unit price were not confirmed with at Oshkosh Defense, LLC.

Information received regarding the commerciality of the item(s): Oshkosh Defense, LLC did not complete the market survey. Item is being deemed non-commercial. In addition, there was no information available from Google, Amazon, or EBay to support commerciality for the magnitude of this extinguisher, fire is used on a similar 7-ton tractor truck. The item is being deemed non-commercial and therefore FAR 15 procedures will be utilized.

4 JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

SOLICITATION# SPRAL1-18-R-0059 - SOURCE SELECTION INFORMATION (SEE FAR

2.101 & 3.104)

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.

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 the DLAD Procurement Note L04, Offers for Part Numbered Items.

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

(X) Other: The Marine Corp. does not intend to procure the technical data necessary to foster competition.

A source sought was posted in FedBizOps for 10 calendar days without receiving any responses for vendors submitting either SAR or market survey information for this requirement.

Attachment:

1. DLR Technical Certification.

2. PR Trailer

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.

Contracting Officer Phone Date

Julie M. Miller Typed name of Contracting Officer

Approval/Certification

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

Competition Advocate Phone Date Signature

APPROVAL REQUIREMENTS

(X) Up to $700,000 Contracting Officer

614 692 4841 04 Feb 19