J A6.302-1_SPE7LX16D0013.pdf

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

SOLICITATION SPE7LX15R0106

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:

NSN ITEM AMC AMSC Weapon System ADQ ADV

6135013901841 BATTERY,NONRECHARGE 3 C AIRCRAFT, HORNET F/A-18 (E/F) 18,937

6135014660192 CELL,BATTERY 3 D Aircraft V-22A Osprey 2,889

6135014757415 BATTERY,NONRECHARGE 3 D LOS ANGELES CLASS SSN (688) 61

6135015368333 CELL,BATTERY 3 Z Aircraft V-22A Osprey 5,022

6135015729340 CELL,BATTERY 3 D AIRCRAFT, EAGLE F-15 11,287

Annual Value

(ROUNDED)

Identify end item, weapon system, or class of item:

Military aircraft and a submarine (see table above)

ESTIMATED BASE (3-YEAR) VALUE

ESTIMATED TOTAL VALUE (BASE + OPTIONS)

MAXIMUM CONTRACT VALUE

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

10 U.S.C. 2304(c)(1) - Available from only one or a limited number of sources.

5. A demonstration that the proposed contractor’s unique qualifications or the nature of the acquisition requires use of the authority cited in paragraph 4: Greatbatch Ltd (Electrochem), 62713, is the original equipment manufacturer and the only approved source. Further, Greatbatch is the only company that possesses the technical data to make these items. Each of these items is a battery for military aircraft or a submarine. A copy of the complete Procurement Item Descriptions for each item is included as Attachment 2.

The use of the authority cited is based on:

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

(The following are the AMSC descriptions.)

DLA Land and Maritime Justification & Approval for Other than Full and Open Competition (J&A)

(April 2014)

AMSC C. This part requires engineering source approval by the design control activity in order to maintain the quality of the part. Existing unique design capability, engineering skills, and manufacturing knowledge by the qualified source(s) require acquisition of the part from the approved source(s). The approved source(s) retain data rights, manufacturing knowledge, or technical data that are not economically available to the Government, and the data or knowledge is essential to maintaining the quality of the part. An alternate source must qualify in accordance with the design control activity's procedures, as approved by the cognizant Government engineering activity. The qualification procedures must be approved by the Government engineering activity having jurisdiction over the part in the intended application. If one source is approved, AMCs 3, 4, or 5 are valid. If at least two sources are approved or if data is adequate for an alternate source to qualify in accordance with the design control activity's procedures, AMCs 1 or 2 are valid.

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.

AMSC Z. This part is a commercial/nondevelopmental/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. (For the NSN on the current project, there is currently only one source, so this J&A is required.)

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

The acquisition will be synopsized on or about July 1, 2015.

Dealers of the manufacturer will be solicited.

7. I hereby determine that the anticipated cost to the Government will be fair and reasonable. The buyer has commercial data from internet research for each of the items, showing commercial pricing that is offered to the public. The buyer did a preliminary comparison of the commercial pricing with recent prices paid buy the Government, and the prices paid by the Government are lower than the commercial prices. Other-than cost data, consisting of invoices or quotations to support the item cost to the dealers and a cost breakdown of additional dealer costs may be requested from the offerors, if needed. This information will be utilized for fair and reasonable price determinations.

8. Market Research/Efforts to Obtain Competition:

A sources sought synopsis was issued to see if there were additional sources capable of manufacturing the same type of items and interested in submitting technical data and undergoing review in order to become an alternate approved source for any of the items being solicited. The synopsis was issued on January 26, 2015 with a response date of February 3, 2015. No responses were received.

Based on the J&A from the prior contract for NSNs 6135-01-390-1841, 6135-01-536-8333, and 6135-01-572-9340, Eagle Pitcher (81855) had responded to that sources-sought synopsis as being interested in a long-term contract for those NSNs. However, the DLA Land and Maritime Alternate Offer Monitor checked the alternate offer database and found no record of receiving either an acceptable Alternate Offer nor an unsolicited technical data package (SAR) from Eagle Pitcher (81855) for NSNs 6135-01-390-1841; 6135-01-536-8333 or 6135-01-572-9340. The database way checked back to 2011.

Commercial documentation (product specifications and sales information) was obtained from internet research for each of the items.

A market survey, consisting of sending a questionnaire via email, was sent to potential sources.

Responses were received from Battery Specialties, Herndon Products, and Greatbatch (Electrochem Solutions). Greatbatch, the sole approved source, referred the Government order through Battery Specialties. Battery Specialties (6W468) and Herndon Products (3G1W3) are interested in a long-term contract for these items and provided responses to help build the solicitation.

A copy of the J&A from the prior long-term contract for 3 of the NSNs is included as Attachment 1.

This procurement action is a follow-on contract because the prior contract reached its maximum dollar limit prematurely.

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

Based upon the technical certification on file in DLA Land and Maritime-VEP 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 acquisition is:

Battery Specialties (6W468) and Herndon Products (3G1W3)

11. In addition to the specific actions being taken by Technical Support personnel to overcome barriers to competition before any subsequent acquisitions or recertification of class determination are made, this item is subject to the following methods of locating additional sources:

The solicitation contains the provision entitled Conditions for Evaluation and Acceptance of Offers for Part Numbered Items

Attachments:

1-J&A from Past LTC 2-Procurement Item Descriptions