REDACTED SOLE SOURCE JUSTIFICATION DEKA VRLA BATTERIES rev1.pdf

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Date: 10 MAR 2026

MEMORANDUM

Subj: DEKA 36V and 72V Sealed Valve Regulated Lead-Acid (SVRLA)/GEL Maintenance-Free Batteries -

USE OF OTHER THAN FULL AND OPEN COMPETITION FOR AN ACQUISITION UNDER

THE SIMPLIFIED ACQUISITION THRESHOLD

Ref: (a) MSCHQ NORFOLK, PR Number(s):

I. BACKGROUND:

1. In considering the references, FAR 13.106-1(b)(1)(i) states for purchases not exceeding the simplified acquisition threshold, Contacting Officers may solicit from one source if the Contracting Officer determines that, under the circumstances of the contract action, only one source is reasonably available (e.g., urgency, exclusive licensing, brand-name, or industrial mobilization).

2. As required by FAR 13.106-3(b)(3)(i), this memorandum explains the absence of competition for this acquisition because only one source will be solicited for this requirement (or for a portion of the requirement) and the requirement is not expected to exceed the simplified acquisition threshold.

II. DESCRIPTION OF ITEM OR SERVICE:

1. Provide a description of the item or service required, to include:

a) the name of the required source or brand name;

Purchase of DEKA 36V AND 72V Sealed Valve Regulated Lead-Acid (SVRLA)/GEL Maintenance- Free Batteries. Battery description(s) 18-G75-21 IST6F72/EE High Shock, 18-G75-27 IST6H51/EE High Shock, 36-G105-9 IST8178/EE High Shock. EAST PENN MANUFACTURING, CO./ DEKA

CORPORATION.

b) the required delivery date/period of performance;

RDD: 26 NOV 2026

c) its intended use;

Battery installation on all HYSTER and HUBTEX forklift model types associated with T-AKE Class vessels.

2. List the source(s) or known vendor(s) who are able to provide the above described item or service.

**Authorized OEM Representative or Provider:

East Penn Manufacturing Company 10001 Whitesel Road Ashland, VA 23005

>>POC: Mr. Mike Del Rio, Industrial Battery & Charger Sales >>Toll Free: 866-711-3221, Office: 804-798-1771 x17, Mobile: 804-205-7014 >>Email: MDelRio@dekabatteries.com> / Company: http://www.dekabatteries.com mailto:MDelRio@dekabatteries.com https://no-click.mil/?http%3A//www.dekabatteries.com/

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III. THE DETERMINATION FOR USE OF OTHER THAN FULL AND OPEN COMPETITION IS BASED

ON THE FOLLOWING (select all that apply):

A. X “BRAND NAME” (SOLE) RESPONSIBLE SOURCE (select all that apply):

1. RESTRICTIVE RIGHTS: the source has established proprietary rights, limited rights in data, patent rights, copyrights, or secret processes in the item or service.

a. Explain what is subject to the restrictive rights.

b. If drawings are included, who is identified as “owning” the drawings.

2. EXCLUSIVE LICENSING AGREEMENTS: The item or service is only available from the Original Equipment Manufacturer (OEM), or there is ONLY ONE authorized distributor or technical representative for the OEM.

a. Identify the OEM and explain the circumstances surrounding why the item or service is only available from the OEM.

b. Identify the distributor / authorized technical representative for the item or service.

Provide evidence of the exclusive licensing agreement as an attachment to this document.

(NOTE: If there is more than one distributor / authorized technical representative, then use Part B – Brand Name.)

3. X OTHER REASON:

a. X CRITICAL SHIP EQUIPMENT: The required item is critical ship equipment, the failure of which poses a hazard to the ship, the crew or the environment.

i. SMS Procedure Number: 10.6-002- All.

b. X STANDARDIZATION / BRAND NAME: Per MSCs standardization initiative, only the specified make/model of the equipment/parts will satisfy the Government’s needs for additional units or replacement items.

i. Identify Make / Model Number(s): DEKA 36V and 72V Sealed Valve

Regulated Lead-Acid (SVRLA)/GEL Maintenance-Free Industrial Battery; Battery Model/Designation: 18-G75-21 IST6F72 EE / High Shock; BATTERY, STORAGE, 18-G75-27

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IST6H51 EE / High Shock; BATTERY, STORAGE, 36-G105-9 IST8178 EE / High Shock;

BATTERY, STORAGE

ii. Identify other vessels with this Make / Model: All T-AKE Class Vessels which utilize HYSTER-YALE model E40/E60 and E100, and HUBTEX VQ 45/4 forklift assets in support of operational mission.

c. FORM, FIT, AND FUNCTION: Item is direct replacement parts / components for existing equipment and must be compatible in terms of form, fit, and function with existing equipment / configurations.

i. Identify Make / Model of existing equipment:

ii. Describe how the equipment must be compatible with the existing configuration.

d. X OTHER:

The EAST PENN Manufacturing CO./ DEKA Corporation - 36V Sealed Valve Regulated Lead-Acid (SVRLA)/GEL Maintenance-Free Industrial Battery (Battery Model/ Designation: 18-G75-21 IST6F72 EE / High Shock), 18-G75-27 IST6H51 EE / High Shock), and 36-G105-9 IST8178 EE / High Shock) including tray, being requested are the only Shipboard-Approved EE-rated battery assets accepted that meets all required NAVSEA/NAVSUP specification (ie. PD-133), construction (per U.L. 583) and other affiliated testing requirements.

4. X UNUSUAL AND COMPELLING URGENCY: The supplies or services are of such unusual and compelling urgency that the Government would be seriously injured unless the agency is permitted to limit the number of sources from which it solicits. Urgent requirements are supplies or services that will result in work stoppage, or are mission critical and the routine processing time would injure the Government. The determination that the procurement for the above is an urgent and compelling requirement is based on the following:

a. Date on which the requirement was identified: NA

b. Required delivery date / Period of Performance: 26 Nov 2026

c. If the difference between a. and b. is more than one week, explain the delay in submitting the requirement.

d. Estimated production lead time: 42 Weeks after contract award

e. Explanation of why delivery / commencement of services by the date required is needed: (explain the impact to the mission, any special circumstances or conditions, etc.)

The requested items are critical material requirements used in HYSTER-YALE model type(s) E40ZG/E60ZG and E100Z, and HUBTEX VQ 45/4 forklift assets supporting ammunition (AMMO) handling and transport movement operations aboard all MSC T- AKE afloat units. This said, if forklifts do not have properly functioning batteries, there would be a substantial risk to the affected vessel and loss of mission capability, thus

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‘gravely’ affecting operations across the MSC and U.S. Naval Fleets.

f. CASREP Number:

IV. ANTICIPATED DOLLAR VALUE OF PROCURMENT: