JA- SPE7MX24RX023_Redacted.pdf

CUI

JUSTIFICATION & APPROVAL (J&A) FOR OTHER THAN FULL AND OPEN COMPETITION

SOLICITATION SPE7MX24RX023

CUI

1. The Defense Logistics Agency, DLA Land and Maritime, is the contracting activity. This indefinite quantity contract (IQC) solicitation will be issued under FAR part 13.5 Simplified Procedures for Certain Commercial Items in accordance with 41 U.S.C. 1901 and shall be awarded as a firm-fixed price (FFP) Indefinite Delivery Purchase Order (IDPO), which includes a three-year base period.

2. The action being approved is the acquisition of supplies on other than a full and open competition basis.

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

CLIN NSN ITEM UI AMC AMSC ADQ ADV

0001 3010004672995 COUPLING, SHAFT, FLEX AY 3 C 4

0002 4730015781635 COUPLING ASSEMBLY, T EA 3 B 1102

Identify end item, weapon system, or class of item: various aircraft and helicopter weapon systems.

ESTIMATED VALUE

ESTIMATED TOTAL VALUE ( BASE)

MAXIMUM CONTRACT VALUE

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

[ X ] 10 U.S.C. 3204(a)(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:

NSN Item CAGE COMPANY PART_NUMBER

3010004672995 COUPLING, SHAFT, FLEX 6TTZ6 KOP FLEX 1106614 REV 7

4730015781635 COUPLING ASSEMBLY, T 6TTZ6 KOP FLEX KF1128455

The use of the authority cited below:

[ 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 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.

CUI Designation Indicator:

Controlled by: DLA Land and Maritime Controlled by: SAPD-ZCA CUI Category(ies): PROCURE Limited Dissemination Control: Fed Only

POC:

SOLICITATION SPE7MX24RX023

CUI

NSN 4730015781635- KOP FLEX (6TTZ6) is the only approved manufacturing source specified on the source control drawing. The limited availability of sources for an item coded with an AMSC of “B” indicates the item(s) is identified with an increased level of criticality therein requiring a high degree of production and manufacturing fidelity. The AMSC code is subsequent technical direction to acquire this item directly from the manufacturing source(s) specified on the source control drawing. This does not preclude offers from dealers; it means the manufacturing sources are restricted to the approved sources on the source-controlled drawing.

[ X ] AMSC C. 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.

NSN 3010004672995- KOP FLEX (6TTZ6) is the only approved source by the design control activity. They are the only known source to possess the requisite rights to technical data and only known approved source for this item.

For both items, after-market or alternate source parts would have to be reviewed on a case-by-case basis and evaluated by the ESA for Military use. Only the approved source for these items have been approved by the ESA, as these parts are designed, engineered and tested to meet the required performance characteristics specifically for the Military’s weapon systems. For NSN 3010004672995, any supplier can seek source approval by following the terms of the solicitation Procurement Notes L04- Offers for Part Numbered Items and M06- Evaluation of Offers of Alternate Product for Part Numbered Items. For NSN 4730015781635, vendors would be required to follow the terms of Procurement Note L22- Restriction of Alternate Offers for Source Controlled Items, which states offerors who are interested in qualifying their product for purposes of future acquisitions must contact the design control activity specified on the source control drawing. Based upon the technical certification by the DLA Land and Maritime Product Specialist dated April 19, 2024, all means to obtain a technical data package adequate for manufacture of these items have been exhausted; see attachment #1- Tech Certification. The DLA Land and Maritime SAPD Product Specialist certified the AMC/AMSC for these NSNs and verified the approved source. 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. There is no pending 339 with the Engineering Support Activity (ESA) for these NSNs.

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

[ X ] The acquisition will be synopsized on SAM.gov five days prior to the solicitation opening.

[ X ] The solicitation will be posted the DLA Internet Bid Board System (DIBBS) for a minimum period of 15 days to allow any offeror the opportunity to submit a quote.

[ X ] Dealers of the manufacturer will be solicited.

7. I hereby determine that the anticipated cost to the Government will be fair and reasonable. It is the Contracting Officer’s determination that these items fall under commercial item definitions at FAR 2.101. Because these items are considered commercial, Certified Cost and Pricing Data (CCPD) is not required per FAR 15.402-1(b)(3). In addition to price analysis, the Contracting Officer will use market prices (i.e., comparison based on marketplace or offers/pricing to other customers) for making a fair and reasonable price determination.

SOLICITATION SPE7MX24RX023

8. Market Research/Efforts to Obtain Competition:

A Sources Sought was posted April 24 to April 30, 2024, and there were no responses received. On April 30, 2024, a market research questionnaire was sent to the following six dealers from procurement history: Ana Sourcing, Jamaica Bearings, JBL, Kampi Components, Midway Industrial Supply, and Tex Parts Aero. Follow-up emails were sent on May 13, 2024. There were two companies that responded: Ana Sourcing and Midway Industrial Supply. ANA Sourcing LLC (0WZP3) and Midway Industrial Supply (329E3). Both companies are small business dealers and interested in participating in a long-term contract. Both companies also indicated their preference

Neither provided information to support commerciality.

Information received regarding the commerciality of the item(s):

The Commercial Item Database was searched on May 1, 2024, and there were no results. These items were checked on the GSA Advantage website on May 22, 2024, and the Buyer was unable to find either of the NSNs or part numbers.

NSN 4730015781635 was awarded using commercial item procedures under contract SPE7MX20D0116 on August 5, 2020. The Contracting Officer determined this NSN was commercial under FAR 2.101(3)(i)- Modifications of a type customarily available in the commercial marketplace. For NSN 3010004672995, the Contracting Officer found a similar item also on contract SPE7MX20D0116, with the same item description and manufacturer, and it was determined commercial. This NSN is used on the same end item, which is the Family of Medium Tactical Vehicles (FMTV). The Contracting Officer also found there are versions of Flexible Shaft Couplings sold all over the Internet:

https://www.zero-max.com/flexible-shaft-couplings#1, https://www.ondrivesus.com/shaft-couplings-clutches/double-loop-crazy-eight-k-coupling#1, https://www.mcmaster.com/products/flexible-shaft-couplings/.

https://www.tbwoods.com/products/Couplings. Both NSNs were sent to the SAPD Technical Team, and they were updated with a “Y” in the commercial field. It is the Contracting Officer’s determination that both NSNs fall under the commercial item definition at FAR 2.101(3)(i).

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

[ X ] Based upon the technical certification under attachment #1, DLA does not possess adequate data, lacks rights to data, and/or has no record of an alternate Design Control Activity approved sources; therefore, 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: ANA Sourcing LLC (0WZP3) and Midway

Industrial Supply (329E3).

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

CLIN 0001:

[ X ] Solicitation contains DLA Procurement Note, L04 Offers for Part Numbered Items [ X ] Solicitation contains DLA Procurement Note, M06 Evaluation of Offers for Part Numbered Items

CLIN 0002:

[ X ] Solicitation contains Procurement Note L22- Restriction of Alternate Offers for Source Controlled Items.

12. As required by DFARS PGI 206.304, the Buyer searched Records Management but was unable to locate a J&A for the previous awards as they were conducted under simplified procedures and did not require a J&A.

SOLICITATION SPE7MX24RX023

CUI

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.

BRANDY WARNER, Contracting Officer Signature

APPROVAL/CERTIFICATION

I have reviewed and approve this justification:

Competition Advocate Signature

ATTACHMENT:

1. Technical Certification

WARNER.BRANDY.D

ANIELLE.1251897880

Digitally signed by

WARNER.BRANDY.DANIELLE.1251

897880 Date: 2024.06.11 14:23:22 -04'00'

WIEBUSCH.JAMI

E.1251897324

Digitally signed by

WIEBUSCH.JAMIE.1251897324

Date: 2024.06.11 14:46:25 -04'00'