Justification Redacted.pdf
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- Attached to
- Justification for Award of W912CH-26-D-0050
- Solicitation number
- W912CH-25-R-0136
- Issued by
-
Department of the Army
About this file
This is a Sole Source Justification for Purchases using Simplified Procedures for Certain Commercial Items issued by the Army Contracting Command-Detroit Arsenal (ACC-DTA).
ACC-DTA proposes to award a five-year Requirements, Firm-Fixed-Price contract to BorgWarner PDS (Anderson), L.L.C. (CAGE 1LW55, UEI DHBSWN4J1NJ6) or its authorized distributors for the procurement of Delco Remy brand Electric Starter Engines (NSN 2920-01-330-2061, Part Number 10478800). The total estimated quantity is 1,226 units at an estimated unit price of $520.87, for a total estimated value of $638,586.62. The contract will be funded through Army Working Capital Funds (AWCF). The procurement authority is cited under 41 U.S.C. Section 1901, implemented by FAR 13.500(a) and 13.501(a)(1)(i), permitting sole source acquisitions of commercial products using simplified procedures.
The justification for brand-name restriction is based on market research conducted by the Contract Specialist on 15 May 2025, which identified BorgWarner as the sole manufacturer and owner of the technical data package and proprietary rights required to fabricate the Electric Starter Engine. A Sources Sought notice posted to SAM.GOV from 28 April 2025 to 15 May 2025 resulted in two responses, neither of which qualified as authorized distributors capable of competing. The GVSC Engineer confirmed no commercially available drop-in replacements exist and no Government control drawing is available to evaluate alternative parts. The procurement is limited to competition among authorized BorgWarner distributors with award based on best value evaluation considering Delivery Schedule and Price. The Point of Contact is Kelli Kavanagh, and the Contracting Officer certification date is 9/8/2025.
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ACC-WRN FT 4293, 03 MAY 2018 Previous Edition is Obsolete Page 1 of 2
Department of the Army Sole Source Justification for Purchases using
Simplified Procedures for Certain Commercial Items
Purchase Request #: EH5L0170EH
1. Contracting Activity: The Army Contracting Command-Detroit Arsenal (ACC-DTA), MI is the contracting activity for this action.
2. Description of the Supplies Purchased: ACC-DTA proposes to award a five-year Requirements, Firm-Fixed-Price (FFP) contract to BorgWarner PDS (Anderson), L.L.C.
(CAGE) 1LW55, Unique Entity ID (UEI) DHBSWN4J1NJ6, or its authorized distributors authorized to sell on behalf of BorgWarner PDS (Anderson), L.L.C. for the Electric Starter Engine, using Army Working Capital Funds (AWCF).
a. Brand: Delco Remy
b. Noun: Electric Starter Engine
b. NSN: 2920-01-330-2061
c. Part Number: 10478800
d. Total Estimated Quantity: 1,226 ea (EA)
f. Estimated Unit Price: $520.87
g. Total Estimated Value: $638,586.62
3. Dollar Amount: The estimated total value is $638,586.62. The type of funds to be utilized is Army Working Capital Funds (AWCF).
4. Authority Cited: The statutory authority permitting other than full and open competition using simplified procedures for certain commercial products in sole source (including brand name) acquisitions is 41 United States Code (U.S.C.) Section 1901, as implemented by FAR 13.500(a) and 13.501(a)(1)(i). Specifically, FAR 13.500(a), "authorizes the use of simplified procedures for the acquisition of supplies and services in amounts greater than the simplified acquisition threshold but not exceeding $7.5 million, including options, if the contracting officer reasonably expects, based on the nature of the supplies or services sought, and on market research, that offers will include only commercial products or commercial services."
Moreover, FAR 13.501(a)(1) allows for, "sole source acquisitions (including brand name)."
Procurement is limited to competition between authorized distributors and will include FAR Part 15 best value trade-off source selection procedures.
5. Reason for Authority Cited: This procurement is restricted for brand name, Delco Remy, for NSN: 2920-01-330-2061. All authorized Borg Warner distributors may compete for this procurement. The award decision will be based on the proposal that represents the best value to the Government, considering the two evaluation factors: Delivery Schedule and Price, amongst the authorized distributors.
The Delco Remy brand was acquired by Borg Warner, the sole owner of the technical data package (TDP) and the technical data rights needed to fabricate the Electrical
Equipment capabilities, limitations, and vulnerabilities
Starter Engine. The Government does not own the proprietary TOP rights required to manufacture the Starters. Delco Remy, at its own cost, developed, tested, and obtained
Government approval for the Electrical Starter Engine . The Government did not fund Delco Remy's efforts in developing and testing this item.
6. Market Research: According to market research conducted by the ACC-DTA Contract Specialist (CS) via the internet on 15 May 2025, there is only one manufacturer associated with this NSN and part number. This brand name, source-controlled manufacturer is Borg Warner. Internet based market research was obtained via Haystack, FPDS, Fedlog Batch, and other contracting sites.
A Sources Sought notice was posted to SAM.GOV from 28 April 2025 to 15 May 2025. Two companies responded to the notice including, BHPE LLC CAGE (9SWS7) and V2X CAGE (10510). On 29 April 2025, BHPE LLC responded to the notice, providing no market research information. CS requested additional information and if they are authorized to sell on behalf of Borg Warner, to date no response was received. V2X responded to the Sources Sought Notice on 06 May 2025, providing a completed market research survey and stated they are not an authorized distributor; however, they purchase Borg Warner through CAGE (338X5) and can provide traceability.
GVSC Engineer , stated there are no known commercially available drop-in replacements for this part, and there is no Government control drawing that exists to properly evaluate a protentional replacement. As a result, no commercially equivalent part of salient characteristics exists and therefore must be acquired via the Delco Remy brand name, made by BorgWarner.
7. The POC for this action is Kelli Kavanagh
8. Contracting Officer Certification: I certify this justification is accurate and complete to the best of my knowledge and belief.
9/8/2025
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ACC-WRN FT 4293, 03 MAY 2018 Previous Edition is Obsolete Page2of2
Equipment capabilities, limitations, and vulnerabilities
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