Signed-4.1 JA_CUI_Redacted.pdf

CUI

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

SOLICITATION SPE7L423RX005

Controlled by: DLA Land and Maritime Controlled by: [IPV Contracting Support Branch (FLSCB)]

CUI Category: PROCURE/SSI Distribution/Dissemination Control: FED ONLY

POC: [michele.beasley@dla.mil]

DLA Land & Maritime Justification for Other Than Full & Open Competition (December 2021)

[ X ] 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 required to meet the using activity’s needs are described as follows:

BRIEF DESCRIPTION NSN ADQ ANNUAL DEMAND

VALUE

AMSC

Battery, Storage 6140-01-529-8706 951 3Z

*If too numerous, attach list of NSNs and AMSC codes

Identify end item, weapon system, or class of item: MISSILE, AIR TO AIR, SPARROW (AIM-7)

SOLICITATION SPE7L423RX005

DLA Land & Maritime Justification for Other Than Full & Open Competition (November 2021)

ESTIMATED BASE (3 YEAR) VALUE:

ESTIMATED TOTAL (5 YEAR) VALUE (BASE + 2 ONE YEAR OPTION):

MAXIMUM CONTRACT VALUE:

4. The statutory authority permitting other than full and open competition is:

[ X ] 10 U.S.C. 3204(a)(1) - Available from only one or a limited number of sources.

[ ] 10 U.S.C. 2304(c)(2) - Urgency.

Brief narrative supporting the situation and weapon system:

This battery is an OEM C&D Technologies Valve Regulated Re-Chargeable UPS12-210MR High Rate Max series - designed with pure lead paste combined with C&D’s premier no leak AGM battery technology this unit has an expected life span of up to 10 years in standby use - with up to 300 cycles at 100% discharge in cycle service.

[ ] 10 U.S.C. 2304(c) - _____________________________________________________________.

5. If restricted to the only source(s) of supply, include source(s) and CAGE code:

_____ C&D TECHNOLOGIES, INC. 1K126_____________

The use of the authority cited below:

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

[ 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 (When one or a limited number of sources are available, then a J&A is required.

Available from only one or a limited number of sources. At this time, there is one approved manufacturing source:

C&D TECHNOLOGIES, INC. 1K126 P/N: UPS12-210MR. C&D is a Large Businesses.

The sources listed in the table below, confirmed by the DLA Land and Maritime Quality Product Specialist on December 5, 2022 ( ) that the Government physically does not have in its possession sufficient, accurate or legible data to purchase this part from other than current source(s). In the Technical Data Supporting Limited Sourcing area, stated the following: “DLA does not possess adequate data, lacks rights to data, and/or has no record of an alternate Design Control Activity approved source. The data presently available reflects the minimum needs of the Government.” also stated: “There are no outstanding DLA Form 339 request for additional sources.”

SOLICITATION SPE7L423RX005

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

Source:

NSN Description Approved

CAGE

Company Name Approved Part

Number

6140-01-529-8706 Battery, Storage 1K126 C&D

TECHNOLOGIES, INC. UPS12-210MR

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

[ X ] The acquisition will be synopsized on FBO at least one day prior to the solicitations opening date. That synopsis will be available on Fed Biz Ops while the solicitation is open on the DLA Internet Bid Board System(DIBBS), that synopsis will instruct bidders where to find the solicitation which will be open an additional 14 days. __________.

[ x ] Dealers of the manufacturers will be solicited.

[ x ] Other. (Explain)___Sources Sought notice discussed further under Paragraph. 8.___________________ .

7. A price analysis will be conducted using historical pricing, the Producer’s Price Index (PPI), and a learning curve analysis. Cost or pricing data in accordance with FAR 15.403-4 will not be requested if the offeror’s proposal exceeds the $2 million threshold for obtaining cost data because this procurement is being conducted under FAR 13.5 procedures. 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:

Market Research/Efforts to Obtain Competition included: Researching items on-line via the internet for availability, commerciality, and features. Pulling previous procurements of items and determining previous acquisition methods. Determining vendor interest in long-term contracting for the items. Researching/gathering info regarding commerciality of the items. Vendor size and business status information. Delivery. Base year and option years; optimal lengths, and possible price/cost advantages.

Market research consisted of review of past procurements, market surveys received from interested parties, and internet sources. Market Research efforts show that this item has been purchased multiple times by DLA and has a relatively stable pricing history. Market research began with the analysis of prior procurements and their respective acquisition strategies. Market research was conducted to determine the commerciality of this item.

Market Research has indicated this is commercial. The item is only available from the one approved source as identified above. Multiple dealers have supplied this NSN in the past. After complete review of the market research, previous procurements, and indication by the OEM, the contracting officer has made the determination that the NSN on this solicitation is commercial and will be solicited under FAR Part 13.5.

SOLICITATION SPE7L423RX005

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

Procurement History:

A Sources Sought Notice was posted to SAM.gov on February 8, 2023 for this specific item. The posting remained open until February 15, 2023. Vendors were requested to provide the name, location, and points of contact for any sources able to manufacture the item to the acquisition specialist listed in the announcement. In addition, a market survey was attached to the Sources Sought Notice for interested vendors to complete and return. Potential sources would be added to the solicitation mailing list. There were no interested parties as a result of this sources sought notice.

Market Survey [10 U.S.C. 3204(e)(2)(D)]:

[ x ] A market survey was conducted on/during __November 29, 2022______.

Total number of vendors contacted: ___8 dealers and the OEM.

Names of vendors contacted and summary of information received:

Names of Vendors Contacted:

Kampi Components (7Z016) small business dealer. In an email response on December 1, 2022, Kampi provided the following “We have no information on file for this part. I respectfully decline to participate.”

Wholesale Batteries (079M9) small business dealer. In the market survey response, Wholesale advised they are a dealer for this item, offering Cage: 1K126 P/N: UPS12-210MR. Wholesale also advised this item is a commercial item and is able to provide commercial sales invoices, listing in catalogs or brochures or no known established price list to commercial market place.

Wholesale advised they are interested in pursuing a three-year based, two option years IDC.

Lastly, Wholesale advised there is not a minimum buy for this item.

SZY Holdings, LLC (0AG09) small business dealer.

Data Connect Enterprise (0MR56) small business dealer.

Apex Pinnacle (0REY5) small business dealer Orion Research (7T984) small business dealer Charg, LLC (7WJJ0) small business dealer C & D Technologies (38BY5) large business dealer C&D Technologies (1K126) Large business manufacturer

SOLICITATION SPE7L423RX005

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

Techniques used to conduct survey: __E-mailed correspondence and spreadsheet. ______________________.

Types of information requested: ___Business size, manufacturer or dealer, price breaks, commerciality, estimated delivery and quantity sensitivity. ________________________.

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

Commerciality:

The Product Specialist stated that this item is Commercial off the Shelf.

When asked what the truly essential characteristics of this NSN item are, the Product Specialist stated the following:

Characteristics

BATTERY,STORAGE

TERMINAL QUANTITY 2

OVERALL DEPTH 5.310 INCHES NOMINAL

TEMP RATING 80.0 DEG FAHRENHEIT

OVERALL HEIGHT 8.840 INCHES NOMINAL

OVERALL WIDTH 8.860 INCHES NOMINAL

BATTERY ELECTROLYTE LEAD ACID

AMPERE HOUR CAPACITY 54.00

CELL QUANTITY 6

TERMINAL LOCATION TOP

TERMINAL TYPE SCREW

CASE DESIGN TYPE SEALED

When asked why no other commercial item can meet these essential requirements, the Product Specialist stated the following: N/A – COTS.

When asked when the last time the technical team researched availability of alternative options, the Product Specialist stated the following: Technical Review: 12/5/2022.

In regards to Brand Name or Equal specification based on salient characteristics readily available in the commercial marketplace, the Product Specialist stated the following: N/A -

COTS.

In regards to how the NSN is different from other commercially available items e.g. unique characteristics to ensure the safe, dependable, and effective operation of military equipment (reliability/durability), weapon system coded, critical item of supply, the Product Specialist stated the following: N/A – COTS.

Due to information obtained from market survey (Wholesale Batteries (079M9) response) and product specialist responses the contracting officer hereby determines this item to be “Commercial Off The Shelf”.

SOLICITATION SPE7L423RX005

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

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

[ X ] Based upon the attached technical certification, 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.

[ x ] Other: (Explain)___ During the project development stage, the NSN included on this solicitation was provided to the DLA Land & Maritime Value Management (VM) Unit and DLA Land and Maritime Product Specialist for review; no additional sources were identified during those reviews._______.

10. A listing of sources, if any, indicating an interest in the acquisition is: (If none, so state) Wholesale Batteries (079M9) interested in this acquisition based on response in market survey.

11. The following actions are being taken to identify additional sources:

[ x ] Solicitation contains DLA Procurement Notes L04 Offers for Part Numbered Items and M06 Evaluation of Offers for Part Numbered Items

12. Procurement history shows under SAT buys and the previous procurement, SPE7L421D5005 where two sources existed and J&A’s were not required.

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 $750,000, this signature serves as the approval.

Contracting Officer Date

APPROVAL/CERTIFICATION

I have reviewed and approve this justification:

Competition Advocate Signature Date

TUBBS.JOHN.

D.1076026684

Digitally signed by

TUBBS.JOHN.D.1076026684

Date: 2023.02.28 07:04:33 -05'00'

DAPO.DOUGLA

S.A.1230220014

Digitally signed by

DAPO.DOUGLAS.A.1230220014

Date: 2023.06.14 15:02:14 -04'00'

SOLICITATION SPE7L423RX005

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

APPROVAL REQUIREMENTS

[ ] Up to $750,000 Contracting Officer

[ x ] $750,000 to $15,000,000 Competition Advocate

Attachment(s):

#1 – Tech Referral Commercial inquiry #2 – Tech Certification.