JA Redaction Final.pdf

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

FAR 6.302-1 (ONE OR LIMITED NUMBER OF RESPONSIBLE SOURCES)

SOLICITATION NO.: SPE7LX25RX030

DLA Land & Maritime Justification for Other Than Full & Open Competition

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. This will be a five-year Firm Fixed Price Indefinite Delivery Contract (IDC) with a 3-year base period and (2) one-year options. Federal Acquisition Regulation (FAR) 13.5 (Simplified Procedures for Certain Commercial Products and Commercial Services) will be used for this contract.

[ X ] Original [ ] Addendum: __________________

Scope (if applicable): The scope of this procurement is limited to the NSN: 6130-01-617-0382 as stated in Section B of the solicitation.

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

BRIEF DESCRIPTION National Stock Number

(NSN)

QUANTITY ESTIMATED ANNUAL

DEMAND VALUE

Acquisition Method Code (AMC) /

Acquisition Method Suffix Code

(AMSC)

CHARGER,BATTERY 6130016170382 49 3D

Below are the weapon systems this item supports with JAN being the Primary Weapon System:

09N T-AKE 1 CLASS

C9N DDG-1000 ZUMWALT CLASS DESTROYER

D3N FORD CLASS CARRIERS

FPN SHIP, SUPPLY CLASS TAOE

JAN NIMITZ CLASS CVN

JDN ARLEIGH BURKE CLASS DDG

JKN WASP CLASS LHD / AMERICA CLASS LHA.

JLN AMERICA CLASS LHA

JSN WHIDBEY ISLAND CLASS LSD

L7N WASP CLASS LHD

PUN Expeditionary Sea Base (ESB) SHIP CLASS

ZDN LPD-17 Class Amphibious Transp

CUI

FAR 6.302-1 (ONE OR LIMITED NUMBER OF RESPONSIBLE SOURCES)

ESTIMATED BASE VALUE (3-year base):

ESTIMATED TOTA VALUE (3-year base + (2) one year-options):

MAXIMUM CONTRACT VALUE (5 years):

4. The statutory authority permitting other than full and open competition is 10 U.S.C. 3204(a)(1) as implemented by FAR 6.302-1 (Only one responsible source and no other supplies or services will satisfy agency requirements).

5. The Government requires spare parts that are form, fit, and functionally interchangeable with those currently used on the supported end item or weapon system. The acquisition is restricted to the following source(s) of supply, which are the only source(s) known to have the capability of furnishing the required supplies and the only source(s) currently approved by the design control activity.

Commercial and Government

Entity (CAGE)

COMPANY NAME PART NUMBER

STRYTEN ENERGY LLC LMT10KW48250TMIL

The use of the authority at 10 U.S.C. 3204(a)(1) is based on:

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

[X] AMSC D. The data needed to acquire this part competitively is not physically available, it cannot be obtained economically, nor is it possible to draft adequate specifications or any other adequate, economical description of the material for a competitive solicitation. AMCS 3, 4, or 5 are valid.

On ___ / /2025______, the Product Specialist of record certified the accuracy of the approved source(s) and applicable AMC/AMSC codes. A copy of the certification is attached.

6. The following efforts are being taken to ensure that offers are solicited from as many sources as practicable:

(X) The acquisition will be synopsized on www.SAM.gov for 15 day prior to solicitation opening date

(X) Manufacturer of exact products identified in the market research will be solicited.

(X) Dealers of the manufacturer will be solicited

(X) Solicitation will be posted on DLA Internet Bid Board System (DIBBS) for 30 days.

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

A price analysis will be conducted using historical pricing, the Producer’s Price Index (PPI), and a learning curve analysis.

Offerors may also be required to submit information other than certified cost or pricing data if deemed necessary by the Contracting Officer, in order to determine prices fair and reasonable. Based on the above techniques, the Contracting Officer anticipates the costs to the Government will be fair and reasonable.

8. Market Research/Efforts to Obtain Competition:

1) Sources Sought notice posted on SAM.gov from 2/5/2025 to 2/18/2025. One response received on 2/18/2025 from Kijero cage 9WH06.

2) Market Survey sent directly to:

- Martin Military (1WZZ2) on 2/13 with a follow up on 2/18. Response was received.

- Tatersall Supply (018P6) on 2/13 with a follow up on 2/18. No response was received.

- Advanced Products Services (018P6) on 2/13 with a follow up on 2/18. No response was received.

- Stryten (20038) (Sole Source) on 2/19. No response was received.

The Contracting Specialist researched the internet for the commerciality of the items and their availability in the commercial marketplace with no luck. However, it is a battery charger, whose function is the same as many commercially available battery charger – to provide power to the system it is used within. Cage 9WH06 provided that they believe this item to be commercial.

Market research confirms that items are commercially available and not military specific. They are used in non-governmental commercial settings, for example they are used on forklifts, in warehouses, distribution centers to maintain the operational readiness of battery powered machinery. Some differences are for the military these batteries are to operate in extreme conditions, while commercial this is typically in controlled environments like warehouses.

It is the Contracting Officer’s determination that the NSN falls under the commercial item definition at FAR 2.101 commercial item definition 3(ii), “Any item that would satisfy a criterion expressed in paragraphs (1) or (2) of this definition, but for--(ii) Minor modifications of a type not customarily available in the commercial marketplace made to meet Federal Government requirements. Minor modifications mean modifications that do not significantly alter the nongovernmental function or essential physical characteristics of an item or component or change the purpose of a process. Factors to be considered in determining whether a modification is minor include the value and size of the modification and the comparative value and size of the final product.” These online results show similar items from different manufactures. They are similar based on being Battery Chargers that are designed to operate at a voltage of 48V and can delivery 10 kilwatt-hour (10kwh). The contracting officer has determined that this NSN is commercial.

Market Research Summary:

The Government performed market research from 2/5/2025 to 2/26/2025. The market research survey sought and gathered information regarding business size, commerciality, shipping costs, price ranges for pricing, option periods, pricing and electronic data interchange (EDI) capability, delivery, production capability and certified cost and pricing data. The Government sent out emails to potential vendors. The Government followed-up on all the vendors that did not respond. The Government emailed a total of four vendors with only two responses.

Below are the vendors that are interested in an LTC:

Kijero (9WH06)

Martin Military (1WZZ2)

Vendors who didn’t respond

- Tatersall Supply (018P6) on 2/13 with a follow up on 2/18. No response was received.

- Advanced Products Services (018P6) on 2/13 with a follow up on 2/18. No response was received.

- Stryten (20038) (Sole Source) on 2/19. No response was received.

Tech response: stated she would recommend the material be considered commercial as a type. Commercial off the Shelf (COTS) field is checked as Yes.

Procurement History:

A review of the procurement history for this was searched and provided info on the most recent procurements. Cages 018P6, 1WZZ2, 3X5D2, 4NWK0, 7YJE4 and are all the vendors that provided this in the past. (see Attachment 2 Proc History)

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

CAGE COMPANY NAME

9WH06 Kijero

1WZZ2 Martin Military

10. The following actions are being taken to overcome barriers to competition before any subsequent acquisition is made:

[X] The solicitation contains DLAD Procurement Note, L04 Offers for Part Numbered Items, which describes the process for submitting an alternate offer on the current procurement and requesting evaluation of an alternate product’s technical acceptability for future procurements of the same item.

DLA Land and Maritime encourages vendors that may be interested in becoming an approved source, even if there is not an active solicitation, to contact the DLA Land and Maritime Source Approval Monitor at DSCCAO-SAR@dla.mil for additional information on the steps required to submit a Source Approval Request Package for evaluation.