4.2a J&A_SPE7L019RX055_Redacted.pdf

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

SOLICITATION SPE7L0-19-R-X055

DLA Land and Maritime Justification & Approval for Other than Full and Open Competition (J&A)

(April 2014)

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 on other than a full and open competition basis.

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

Identify end item, weapon system, or class of item: Storage Battery

- Battery is marine (boat) battery WSC coded to navy.

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: Optima Batteries, Inc.

(0UJ55) P/N 8027-127 and/or P/N D27M is the only known domestic source for this item. There is no indication that the ESA has a pending source request.

A review of the document availibility code reveals that the drawings for this items cannot be made available to the gereral public and manufacturer Optima Batteries, Inc. (0UJ55) is uniquely qualified to manufacture this item because they are the only owners of the technical drawings and data at this time.

Product Specialist, confirmed the following on April 5, 2019 (Attachment A):

This item has an AMC/AMSC of 3/Z – commercial/non-developmental/off-the-shelf.

6140-01-589-0622 is a marine boat battery coded to NAVY.

The approved source (Optima Batteries, Inc.) is the only source capable of making this item.

The Government does not have the drawings; the approved source is the only source known to possess the required drawings.

There are currently no 339’s out to the ESA.

This is a commercial of the shelf (COTS) item.

The use of the authority cited is based on:

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

BRIEF DESCRIPTION NSN ANNUAL

DEMAND QTY

ESTIMATED ANNUAL

VALUE

AMC /

AMSC

BATTERY STORAGE 6140-01-589-0622 385 3 / Z

ESTIMATES:

1 YEAR (BASE) ESTIMATED VALUE:

3 YEAR (TOTAL) ESTIMATED VALUE:

5 YEAR MAXIMUM CONTRACT VALUE:

(X) AMSC Z. This part is a commercial/nondevelopmental/off-the-shelf item. Commercial item descriptions, commercial vendor catalog or price lists or commercial manuals assigned a technical manual number apply. If one source is available, AMCs 3, 4, or 5 are valid. If at least two sources are available, AMCs 1 or 2 are valid (When one or a limited number of sources are available, then a J&A is required. When an item is coded with AMSC “Z” and is listed on an interchange catalog or appears on a commercial cross reference list, this constitutes full and open competition and a J&A is not necessary).

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

(X) Sources sought notice posted prior to solicitation.

(X) The acquisition will be synopsized via FEDBIZOPS for 1 day prior to solicitation opening.

(X) Request will be solicited via the DLA Internet Bid Board System (DIBBs) for 15 days.

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

Past Procurement History will be reviewed and a price analysis will be conducted using historical pricing, the Producer Price Index (PPI), and the learning curve analysis. The offeror(s) may be required to submit information other than the above data for determining price reasonableness. Based on the above techniques, the Contracting Officer anticipates the costs to the Government will be fair and reasonable. This is an Indefinite Delivery Contract (IDC) with 3 year base and 2 one-year options.

8. Market Research/Efforts to Obtain Competition:

A Sources Sought Notice was posted on FedBizOpps, in accordance with PGI 206.302-1, seeking to identify potential sources of supply for NSN 6140-01-589-0622. The Sources Sought Notice was posted on April 4, 2019 with a response date of April 10, 2019. One source responded to the source of sought on April 12, 2019, Incredible Supply & Logistics (5ARU4), indicating they would be interested and provided an informal quote for this request being a supplier for the approved source, Optima Batteries Inc. Incredible Supply & Logistics will be added to the bidder’s list.

Market Survey [10 U.S.C. 2304(f)(3)(D)]: Market surveys were sent out on March 26, 2019 Total number of vendors contacted: three (3) – Optima Batteries, Inc. CAGE 0UJ55, the OEM Battery Service, Inc. CAGE 1PVM2 Midstate Battery Distributors, Inc. CAGE 1REZ1 Total vendors who replied: none (0)

The market survey was conducted via e-mail.

Types of information requested:

Size of Business Manufacturer or dealer Commerciality Price breaks Interest in pursuing an IDC for this NSN

Online Research: A single comparable battery was found through searching with Google (Banshee, D27), with item page noting that it as a “direct replacement for the Optima D27M.” As no manufacturer information was available online, customer service for Big Time Battery was emailed requesting the location of manufacture. Their response identified it as foreign manufactured and therefore unsuitable as an alternative to the US manufactured Optima battery.

Summary of information received:

No response received from initial market survey. First solicitation, SPE7L1-19-R-X010, was posted on DIBBS between 20 May – 03 June 2019 with no offers received.

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

Item is determined Commercial. The proposed action is for the solicitation and award of a 5 year, Firm-Fixed-Price, Indefinite Delivery Contract (IDC) (3 year base with 2 one year options) using FAR Part 13.5 Commercial.

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: (1) Incredible Supply & Logistics. After the first solicitation closed, vendors on the bidders list (0UJ55, 1PVM2, 1REZ1) along with (5ARU4) were contacted via email on 24 July 2019 to confirm they did not submit an offer and inquiring if they would be interested in providing an offer if a new solicitation was posted. Three of the four responded to the RFI (0UJ55, 1PVM2, 5ARU4), all noting that they were not aware of the solicitation posting, but that their companies would be interested in potentially providing a bid if resolicited.

11. Land and Maritime PROC Notes L04 and M06, Conditions for Evaluation and Acceptance of Offers for part Numbered Items will be included in the solicitation.

12. The last buy for this item was on July 27, 2019 under SPE7L719P5303. This was a simplified award, therefore a J&A was not required.

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.

John Tubbs Contracting Officer Date

TUBBS.JOHN.

D.1076026684

Digitally signed by

TUBBS.JOHN.D.1076026684

Date: 2019.09.24 11:19:47 -04'00'

APPROVAL REQUIREMENTS

(X) Up to $700,000 Contracting Officer