JA6.302-1SPE7LX25R0052.pdf

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

SOLICITATION SPE7LX25R0052

[X] ORIGINAL

1. The Defense Logistics Agency, DLA Weapons Support (Columbus), is the contracting activity.

2. The proposed acquisition will provide for a DLA Direct (Stock) successor contract for supplies on an “other than a full and open competition” basis. The acquisition shall be a firm fixed price (FFP) long-term Indefinite Delivery Indefinite Quantity (IDIQ) contract covering seven (7) NSNs where Clarios (0UJ55) is the sole approved source. The resulting contract will include a three-year base period and two one-year option periods, which will be extended in one-year increments at the discretion of the Government. The items covered by this initiative will be procured under FAR Part 12 – Acquisition of Commercial Items according to the NSNs assigned AMC/AMSC.

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

CLIN NSN ITEM ADQ AMC/

AMSC ADV

0001 6140013788232 BATTERY,STORAGE 19983 3/Z

0002 6140014575469 BATTERY,STORAGE 5036 3/Z

0003 6140014759361 BATTERY,STORAGE 1094 3/Z

0004 6140014759414 BATTERY,STORAGE 44 3/D

0005 6140015236288 BATTERY,STORAGE 798 3/

0006 6140015297226 BATTERY,STORAGE 12403 3/B

0007 6160014530858 RACK,BATTERY 564 3/D

ICP: DLA Weapons Support (Columbus) TOTALS:

ESTIMATED ANNUAL VALUE:

ESTIMATED TOTAL VALUE (3 BASE + 2 ONE-YEAR OPTIONS):

CONTRACT MINIMUM:

MAXIMUM CONTRACT VALUE:

CLINs 0001-0006 are storage batteries utilized on various land vehicles and aviation weapon systems. CLIN 0007 is a battery rack that holds storage batteries in vehicles.

Current WSDC information is contained in the Electronic Contract File under Tab 3. The commercial applications of these items include off-road and heavy-duty vehicles & equipment and commercial aviation applications. The resulting contract will support

DLA Direct (Stock) requirements and the NSNs are managed by DLA Weapons Support (Columbus).

This project is a successor contract to the following DLA long-term contracts.

NSN Contract / FAR Part Expiration

6140013788232 SPE7LX21D0124 (Part 12) 06/27/2026

6140014575469 SPE7LX21D0091 (Part 12) 03/30/2026

6140014759361 SPE7LX21D0091 (Part 12) 03/30/2026

6140015236288 SPE7LX21D0091 (Part 12) 03/30/2026

6140015297226 SPE7LX21D0124 (Part 12) 06/27/2026

6160014530858 SPE7LX21D0124 (Part 12) 06/27/2026

The scope of this acquisition is for NSNs only available from one responsible source, in accordance with FAR 6.302-1. The project’s seven (7) NSNs are managed by DLA Weapons Support (Columbus) with Clarios (0UJ55) designated as the approved sole source of supply and support the end item, weapon system, or class of item indicated for each NSN on J&A Attachment #2; along with any future combat vehicles not yet identified.

DLAD Procurement Note L27, “Addition and Deletion of Items”, will be included in the solicitation and future sole-source Clarios (0UJ55) manufactured items managed by DLA Weapons Support (Columbus) including Depot Level Repairable (DLR) items and Department of Defense (DoD) NSNs may be added to this contract through bilateral modification in accordance with this procurement note. Further additions will be verified through a signed technical certification that the item(s) of supply are sole sourced to Clarios (0UJ55). As NSNs are added, price and delivery will be negotiated.

4. The statutory authority permitting other than full and open competition is 10 U.S.C 3204(a)(1) – Available from only one or a limited number of sources, as implemented by FAR 6.302-1 (b)(1).

5. The acquisition is restricted to the source(s) of supply known to have the capability of furnishing the required supplies and the only source(s) currently approved by the design control activity. The approved manufacturer’s parts have been designed, engineered and tested to meet the required performance characteristics of the Military’s weapon systems that these spares support. After-market or alternate source parts would have to be reviewed on a case-by-case basis and evaluated by the Engineering Support Activity (ESA). Using unapproved parts could potentially compromise the normal operation / function and safety of the Military system and its occupants / troops. The approved source(s) for these items along with the approved part numbers are shown in the chart below.

CLIN NSN ITEM Approved Source / CAGE Approved Part Number

0001 6140-01-378-8232 BATTERY, STORAGE CLARIOS (0UJ55)

8002-002

800-U 802 250 000 888 2

0002 6140-01-457-5469 BATTERY, STORAGE CLARIOS (0UJ55) 8050-160

0003 6140-01-475-9361 BATTERY, STORAGE CLARIOS (0UJ55) 8022-091/MDL. NO. 75/25

0004 6140-01-475-9414 BATTERY, STORAGE CLARIOS (0UJ55) 8010-044

8010-044/MDL. NO. 6V

0005 6140-01-523-6288 BATTERY, STORAGE CLARIOS (0UJ55) 8071-167

0006 6140-01-529-7226 BATTERY, STORAGE CLARIOS (0UJ55) 8073-167

0007 6160-01-453-0858 RACK, BATTERY CLARIOS (0UJ55) 242-0038

Per the approved list of manufacturers for all project NSNs in SAP (as received from the Defense Logistics Information Services), only Clarios (0UJ55) has been identified as having the proper complete technical data and manufacturing expertise to supply the ESA approved materials to DLA and using military service branches.

The use of the authority cited below:

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

(7 NSNs).

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. (1 NSN)

[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. ( NSNs)

[X] AMSC Z. This part is a commercial/non-developmental/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. ( NSNs).

DLA Weapons Support (Columbus) SAPD Quality Assurance Specialist (QAS) reviewed the project NSNs on 05/09/2025 and certified the supporting data, including the AMC/AMSC codes and approved sources, are complete and accurate.

During follow-up review with the QAS, advised that DLA does not possess adequate data, lacks the rights to the data, and for the project items and confirmed the Government knows of no other sources for the items. The Material Master within SAP indicates “Y” in the COTS field indicating that the technical community has made a determination that these items are commercial-off-the-shelf and/or are “of a type” commercially available.

The data presently available reflects the minimum needs of the Government and the data needed to acquire these parts 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 materials for a competitive solicitation enabling a “Brand Name or Equal” full and open solicitation per FAR 52.211-6. The Quality Assurance Specialist updated the item descriptions and provided his concurrence that this item falls under the definition commercial provided in subparagraph (3)(ii) of the commercial item definition in FAR 2.101. The SAPD Technical Certification is included as J&A Attachment #1.

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

[X] A sources sought notice was issued on SAM.gov on 04/16/2025 and closed 04/23/2025.

[X] The acquisition will be synopsized on SAM.gov, for a period of 15 days.

[X] Solicitation will be posted on the DLA Internet Bid Board System (DIBBS) for a period of 30 days.

7. I hereby determine that the anticipated cost to the Government will be fair and reasonable. The items of this solicitation have been determined commercial; therefore cost & pricing data will not be required in accordance with FAR 15.403-1(c)(3). The basis for the Government’s fair and reasonable price determination is anticipated to be PPI based price analysis and/or the analysis of other than cost or price data such as informal cost break-downs and/or material invoices with final negotiated pricing reviewed in comparison with recent past reasonable purchases (adjusted for passage of time and quantity sensitivity), in addition to comparison to commercial market prices for potentially similar items, to support a reasonableness determination.

Source Selection Information – See FAR Part 2.101 and 3.104 /

8. Market research / Efforts to Obtain Competition: A Sources Sought Notice seeking industry feedback on the acquisition was published to www.sam.gov on 04/16/2025 by ZBB Branch and closed 04/23/2025. Email responses to the notice were received from BHPE (9SWS7) and alternate manufacturer MAK Engineering (7DUH6)

A formal market survey for CL25041017 was conducted by the Contracting Officer of DLA Weapons Support (Columbus) Strategic Sourcing Branch-ZBB with of Military Battery Systems (4M0Z6) whose firm is contracted by Clarios (0UJ55) to handle all their military/Government business. returned a complete market survey on behalf of Clarios on 04/18/2025. For additional information refer to the electronic contract file in Records Management for the complete market survey. A summary of the market survey results is documented below.

Clarios LLC (0UJ55): Clarios is a large international business manufacturer of Optima Brand batteries and is a portfolio company of Brookfield Business Partners. The market survey was completed by of Military Battery Systems (4M0Z6) whose firm is contracted to handle all Clarios (0UJ55) military/Government business. The market survey returned indicated the following key information in addition to online commercial product information obtained by the Contracting Officer.

i. Clarios is located in Milwaukee, WI with over 20,000 employees worldwide.

ii. Interested in a Long-Term Contract

iii. Clarios considers the project materials commercial per FAR 2.101(b).

iv.

v. :

x. Clarios currently holds six (6) of the project NSNs on active DLA Weapons Support (Columbus) LTCs.

SPE7LX21D0091 (Exp. 03/30/2026) CLIN NSN Single Range 0002 6140014575469 $236.11

0003 6140014759361 $140.41

0005 6140015236288 $161.76

SPE7LX21D0124 (Exp. 06/27/2026)

CLIN NSN QTY

Range 1

QTY

Range 2

QTY

Range 3

QTY

Range 4 0001 6140013788232 $154.38 $149.84 $149.84 $149.84 0006 6140015297226 $160.29 $155.48 $155.48 $155.48 0007 6160014530858 $7.11 $7.11 $7.11 $7.11 xi.

Commercial Determination: The items on this project have been determined by the Contracting Officer to be commercial items in accordance with FAR 2.101. The Contracting Officer’s determination is supported by information obtained during market research for the seven (7) NSNs contained on this project and their availability for sale to the public from Clarios authorized distributors including www.batterysales.com, www.remybattery.com, www.secoparts.net, and www.everymarket.com. Online website research presented the following pricing.

Clarios / Optima parts being sold commercially to the public as shown below:

CLIN NSN CAGE / Part# Online Vendor Commercial

Pricing

0001 6140013788232 (0UJ55)

8002-002 www.batterysales.com

$279.99 www.remybattery.com

Must Call

0002 6140014575469 (0UJ55)

8050-160 www.batterysales.com $399.99 www.remybattery.com

$399.99

0003 6140014759361 (0UJ55)

8022-091 www.batterysales.com $249.99 www.remybattery.com $249.99

0004 6140014759414 (0UJ55)

8010-044 www.batterysales.com

$249.99 www.remybattery.com

$249.99

0005 6140015236288 (0UJ55)

8071-167 www.batterysales.com $289.99 www.remybattery.com

$289.99

0006 6140015297226 (0UJ55)

8073-167 www.batterysales.com $289.99 www.remybattery.com $289.99

0007 6160014530858 (0UJ55)

242-0038 www.secoparts.net $112.69 www.everymarket.com $149.99

CLINs 0001-0006 are storage batteries supporting various US Military weapon systems and ground support. CLIN 0007 is a tray used to hold multiple Optima/Clarios batteries in US Military ground vehicles including the HMMWV. All seven (7) NSNs are sole-sourced to Clarios (0UJ55) who manufacture various types of batteries and accessories for commercial and military applications. The Clarios market survey indicated that they consider the project NSNs to be commercial items per FAR 2.101. Clarios sells batteries under their Clarios and Optima brand names to the military / Government directly and commercially through authorized dealers. Product and corporate information can be found online at www.clarios.com and www.optimabatteries.com.

Review of GSAadvantage.gov found the following project items previously determined commercial and having current Federal Supply Schedules (FSS). The active FSS contract screen-prints from GSAadvantage.com can be found in the Electronic Contract File under Tab 1. The chart below provides a summary of this review of active FSS(s).

NSN # of GSA Contracts Price Range Delivery

Range Part# MFG

6140013788232 4 $241.38 - $254.96 10-30 days 8002-002 Clarios (0UJ55) 6140014575469 3 $331.95 - $378.32 10-30 days 8050-160 Clarios (0UJ55) 6140014759361 3 $215.57 - $216.87 10-30 days 8022-091 Clarios (0UJ55) 6140014759414 3 $209.09 - $210.16 10-30 days 8010-044 Clarios (0UJ55) 6140015236288 3 $233.97 - $234.80 10-30 days 8071-167 Clarios (0UJ55) 6140015297226 3 $249.97 - $256.50 10-30 days 8073-167 Clarios (0UJ55)

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

Based upon the technical certification under J&A 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 acquisitions is:

Clarios (0UJ55) BHPE, Inc. (9SWS7) Mak Engineering (7DUH6) Remy Battery (06LA0)

11. These items are subject to the following methods of locating additional sources: The solicitation contains the Procurement Note L04 “Offers for Part Numbered Items” and M06 “Evaluation of 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.

On 04/22/2025 the Contracting Officer was advised by of DLA Weapons Support (Columbus) Value Management (VE) Branch that there are no current open projects to identify alternate manufacturers for the solicited NSNs.

12. As required by DFARS PGI 206.304, a copy of the justification and approval for SPE7LX21D0124 (SPE7LX21R0024) and SPE7LX21D0091 (SPE7LX21R0045 covering all this project’s NSNs except CLIN 0007 NSN 6140-01-523-6288. These documents are included as J&A Attachment #3, however CLIN 0007 was procured under the Simplified Acquisition Threshold with no recent justification and approval document available.

Approvals appear on the next page.

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 $900,000.00, this signature serves as the approval.

SCOTT D. KNOWLES

Contracting Officer, DSCC-SAPD/ZBB DLA Weapons Support (Columbus)

APPROVAL / CERTIFICATION

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

Competition Advocate DLA Weapons Support (Columbus)

CATHERINE L. CONTRERAS, SES

Head of the Contracting Activity (HCA) DLA Weapons Support

APPROVAL REQUIREMENTS

[X] $15,000,000 - $100,000,000 Head of the Contracting Activity (HCA)

Attachments:

1. CL25041017 Technical Certification

2. CL25041017 WSDC (Weapons) Data

3. J&A for SPE7LX21D0124

J&A for SPE7LX21D0091

KNOWLES.SCOTT.

D.1251897480

Digitally signed by

KNOWLES.SCOTT.D.1251897480

Date: 2025.10.30 07:51:09 -04'00'

PETERSON.GEORG

E.D.1242831744

Digitally signed by

PETERSON.GEORGE.D.1242831744

Date: 2025.10.30 14:32:07 -04'00'

CONTRERAS.CATHE

RINE.L.1229386472

Digitally signed by

CONTRERAS.CATHERINE.L.122938647

Date: 2025.11.03 07:57:34 -05'00'