JA6.3021CSPE7MX22RX060.pdf

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

SOLICITATION SPE7MX-22-R-X060

SOURCE SELECTION INFORMATION - SEE FAR 2.101 AND 3.04

4. The statutory authority permitting other than full and open competition is:

10 U.S.C. 2304(c)(1) - Available from only one or a limited number of sources. Technical certification dated July 26, 2022, was provided by a SAPD Technician. The certification states that this item is restricted to source(s) specified on a Source Control and, Altered Item or A Selected Item drawings/documents. DLA does not possess adequate data, lacks rights to data, and/or has no record of an alternate Design Control Activity approved source. The data presently available reflects the minimum needs of the Government. This item is to be procured from the approved source, Kop Flex (See Attachment 1 – Technical Certification). Kop Flex 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:

Kop Flex (CAGE 6TTZ6) part number KF1128455 is the only source that has been identified as having the proper complete technical data and manufacturing expertise to supply this item to DLA and the using military services.

The approved CAGE and part number was confirmed by checking the Procurement Item Description (PID) and the Product Master. The Product Specialist reviewed the technical information and recommended for LTC on July 26, 2022. The technical data has indicated that this Coupling Assembly, Tube is limited to Kop Flex, as the source. They are the only source know that is uniquely qualified to provide this item.

The use of the authority cited below:

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

The use of the authority cited is based on:

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.

Kop Flex is the only approved source and the only known source to own or possess the technical data necessary to manufacture this item.

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

The acquisition will be synopsized on or about October 14, 2022, for 1 day prior to the solicitation opening. At the completion of the synopsis period, this PR will be solicited on the internet for 30 days via the DLA Internet Bid Board System (DIBBS).

The approved source manufacturer will be solicited.

Dealers will be solicited.

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

a. Certified Cost or Pricing data is not required, as the acquisition is being solicited as commercial-of-a-type

I/A/W FAR Subpart 13.5, Simplified Procedures for Certain Commercial Items. The buyer only intends to award the NSNs if a fair and reasonable price determination can be made.

b. Commercial price comparison, price analysis, Producer Price Index (PPI), learning curve analysis, and/or informal cost breakdown will be used to evaluate the price.

8. Market Research/Efforts to Obtain Competition:

DLA Land and Maritime conducted various forms of market research including the publishing of a formal Sources Sought notice and market survey to www.SAM.gov. In addition to the publishing of a Sources Sought notice, the Market Survey team contacted the past awardees from the procurement history.

Sources Sought Notice:

The Sources Sought Notice was posted to www.SAM.gov on September 1, 2022, and closed on September 8, 2022. No responses were received.

Market Research Conclusion:

Market Research was conducted on August 31, 2022. A response was received from Applied Industrial Tech

(CAGE 4X136).

Total number of vendors contacted via Market Research: 3 Names of vendors contacted: Jamaica Bearlings (04836), Ohio Transmission Corp. (8A634), and Applied Industrial Tech (4X136).

Contractor CAGE Business Size Responded Jamaica Bearings 04836 Small No

Ohio Transmission Corp. 8A634 Large No Applied Industrial Tech 4X136 Large Yes

Techniques used to conduct survey: E-mail

This item cannot be procured based on salient characteristics. The main reason being the size and measurements of the couplings. While there are hundreds of couplings in the market with the same functionality, the measurements and the spacing between the shafts make a difference with the fitting and tolerance. Consequently, using salient features to find an alternative is not an option as the item has to be the exact metrics and measurements. Past procurements have indicated that the Engineering department for the approved source “explained that the coupling assembly is made only to order…An alternate item could not be established that could perform the same function and still be safe, dependable, and effective in the operation of the end item”.

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.

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

Applied Industrial Tech (4X136)

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

Solicitation contains DLA Procurement Note, L22 - Restriction of Alternate Offers for Source Controlled Items

The Government will continue to conduct market research to ascertain if changes occur in the marketplace that would enable future actions for these items to be competitive.

Per PGI 206.304, the requirement states, “the justification shall include a copy of the previous justification to assist the approval authority in determining whether the planned actions to remove any barriers to competition cited on the previous justification were completed”. Based on a review of the contract history, this item is currently on contract SPE7MX20D0116. The Justification and Approval (J&A) for Other Than Full and Open Competition for SPE7MX20D0116 (Attachment 2) is included.

Attachments:

1 – Technical Certification

3 – SPE7MX20D0116 J&A

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.

MEGAN M. SAYLOR, Date Contracting Officer

APPROVAL/CERTIFICATION

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

MARY E. SHEARER, Date Competition Advocate

APPROVAL REQUIREMENTS

[ ] Up to $750,000 Contracting Officer

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

SAYLOR.MEGA

N.M.1364088848

Digitally signed by

SAYLOR.MEGAN.M.1364088848

Date: 2022.10.11 14:08:04 -04'00'

SHEARER.MAR

Y.E.1250702449

Digitally signed by

SHEARER.MARY.E.1250702449

Date: 2022.10.12 12:36:05 -04'00'