Tab 4 - JA - SPE7LX23RX067 - Redacted.pdf

Oshkosh Defense

Contracting Officer conducted additional research to determine the commerciality of the item. Research conducted by the Contracting Officer included the following:

Checked the Commercial-Off-The-Shelf (COTS) line in the Material Master for each item to verify if the COTS line was populated with either a “Yes”, “No”, or is blank. For NSN 5998016438367, the COTS line was blank.

Referred to the Defense Contract Management Agency (DCMA) Commercial Item Group (CIG) database to see if commercial determinations and/or other commercial recommendations were submitted to other DCMA offices and buying command engineers/SMEs for review. The subject NSN was not previously submitted for review.

Conducted an internet search using the item’s approved part number and nomenclature to determine if the exact item or similar items are available for purchase to the public. The exact part number for the item was not found to be commercially available to the public. In addition to searching the approved part number, the Contracting Officer also searched by using the item’s nomenclature. The internet search did result in commercial items of a type being available for commercial use on a variety of vehicles. Contracting Officer considers these items as commercial as they meet the commercial definition at FAR 2.101 – Commercial item (3ii). These items are customarily used by the public or by nongovernmental entities.

Based on the results of the market research conducted, Contracting Officer determined that the subject NSN listed above is a commercial item.

To identify other possible sources, a Sources Sought notice was issued on SAM.gov. The notice was posted on April 26, 2022, with a response date of May 13, 2022. Contracting Officer received no responses from the Sources Sought Notices.

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 and cannot be developed to permit full and open competition. The data presently available reflects the minimum needs of the Government.

Additionally, forecast information is available to all potential sources for both sole source and competitive items. The DLA Supplier Requirements Visibility Application (SRVA) is a database that is available via the DLA internet Bid Board System (DIBBS.) SRVA provides potential sources the opportunity to search for information on DLA’s anticipated requirements based on updated monthly forecasts. Essentially it provides 24 months of sole source and competitive projected purchase order quantities. Potential alternate sources for current sole source items can easily see DLA’s forecasted procurements and can contact the Value Management Unit to become approved sources for sole source and code and part number items. The DLA Land & Maritime Value Management Unit continually seeks out sole source, limited competition, over-priced, low reliability and hard to buy items to improve their value and support posture. The DLA Land & Maritime internet website contains information for all potential sources on how to challenge prices, how to submit a Value Engineering Change proposal, a link to DoD’s Value Engineering program and the necessary contact info for both the DLA Value Engineering program and the DoD Value Engineering program.

10. A listing of sources, if any, indicating an interest in the acquisition is:

No sources have expressed interest in this acquisition.

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

The Government will continue to conduct market research, to see if changes occur in the marketplace that would enable future actions for these items to be competitive. The Government will also include in the solicitation DLA Procurement Notes L04 Offers for Part Numbered Items and DLA Procurement Note, M06 Evaluation of Offers for Part Numbered Items. Should alternate offers be received, sources will be encouraged to submit a source approval request (SAR) package that will be referred to the engineering activity for consideration of future procurements.

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 $750,000, this signature serves as the approval.

Tracy L Holmes Contracting Officer Date

Approval/Certification

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

Douglas Dapo Competition Advocate Signature Date

APPROVAL REQUIREMENTS

[X] Up to $750,000 Contracting Officer

[X] $750,000 to $15,000,000 Competition Advocate

Attachments:

1. Technical Certification

2. Procurement History

July 31, 2023HOLMES.TRAC Y.L.1251897499

Digitally signed by

HOLMES.TRACY.L.1251897499

Date: 2023.07.31 16:11:11 -04'00'

DAPO.DOUGLA

S.A.1230220014

Digitally signed by

DAPO.DOUGLAS.A.1230220014

Date: 2023.07.31 16:36:20 -04'00'