J&A6.302-1SPE7LX19R0165.pdf

SPE7LX-19-R-0165

Source Selection Information – See FAR 2.101 and 3.104 / For Official Use Only

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

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:

The subject unrestricted FAR 12 solicitation is for a Single-NSN 5-year IDIQ project for DLA Land & Maritime CORE NSN 6140-01-662-7350 (BATTERY, STORAGE) with an ADQ of 11,125. This battery is of a type sold commercially with modification for heavy duty equipment/trucks and is utilized by the US Army on its Bradley Fighting Vehicles (BFVS) (37A). The scope of this acquisition includes all Department of Defense (DoD) managed items that are used on but not limited to any variant of the Bradley Fighting Vehicle (BFVS) (39A) for which Enersys Energy Products (0WY95) is the original equipment manufacturer (OEM). Items within the scope may be added via bilateral modification in accordance with Procurement Note L27- Addition/Deletion of Items (Aug 2017). This acquisition approach assumes contract modifications throughout the life of the contract to add sole-source requirements as they are identified. Future additions will be verified through market research as parts sole-sourced to Enersys Energy Products via the Attachment #1 Add-on Procedures. The AMC/AMSC is 3/D with estimated values as shown below.

ICP: DLA Land & Maritime

ESTIMATED ADV:

ESTIMATED TOTAL VALUE (1-Year+ 4 Options):

MAXIMUM CONTRACT VALUE:

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

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

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

Enersys Energy Products (0WY95) part# 0790-2412 and 0790-2512 is currently the only ESA approved source for the NSN listed in Section #3 above.

The use of the authority cited in other than 10. U.S.C. 2304(c)(1) above:

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

The use of the authority cited is based on:

(x) AMSC D. No technical data on item and data cannot be obtained economically. AMCs 3, 4, or 5 are valid. The NSN listed in Section #3 above is available only from the coded manufacturer Enersys Energy Products (0WY95) under part #0790-2412 and 0790-2512. 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.

At this time, only Enersys Energy Products (0WY95) has been identified as having the proper complete technical data and manufacturing expertise to supply the required 12 volt Absorbed Glass Mat (AGM) lead acid storage battery to DLA and the using military services (per the approved manufacturer part list for this NSN in SAP, supplied by the Defense Logistics Information Service) under (0WY95) P/N 0790- 2512 (replacing (0WY95) P/N 0790-2412). Industrial Specialist Traci Myers with DLA Value Engineering (VE) advised that NSN 6140-01-662-7350 is a 12v AGM lead acid battery utilized on ground vehicles including the US Army’s Bradley Fighting Vehicle where the ESA only assigns one source per NSN. The Bradley utilizes eight (8) 12v (AGM) lead acid batteries and they do not mix battery manufacturers out of concerns for safety in addition to the reduction of the batteries overall service life.

DLA Land & Maritime Battery Team Quality Manager, , advised ZBB Branch that DLA purchases this particular Enersys battery because of its high performance and quality standards not met by other similar batteries on the commercial market based on its expected maintenance, life span, deep cycle/reserve capacity, vibration resistance, and its patented Thin Plate Pure Lead Technology proprietary to Enersys. The Enersys storage battery sold under P/N 0790-2412 for military use is based on their Odyssey branded (AGM) lead acid commercial battery variant sold under Odyssey model number 0790-2422 / 31-PC2150T, which shares similar proprietary internal components, construction, and electrochemical performance characteristics with minor modification such as left positive terminal and single gas venting.

DLA Land & Maritime ZBB Branch considered a possible Brand Name or Equal (BNOE) solicitation for this battery, however technical data was limited to an ESA/TARDEC provided Enersys catalog page containing basic physical product information and general performance data for sales purposes. ESA advised DLA that no additional salient data is available and a 339 request for additional data would not be entertained. Salient characteristics including internal components, chemical types/compositions, and engineering specifications are proprietary to Enersys and not made publically available to allow DLA to provide for a full and open competition procurement. These particular lead acid 12v storage batteries have been determined to be commercial of a type with minor modifications of a type customarily available in the commercial marketplace and met subparagraph (3)(ii) of the commercial item definition in FAR 2.101. Enersys Energy Products has successfully provided these kits to DLA going back to 2017.

DLA Land and Maritime SAPD Product Specialist reviewed the project NSN on 03/08/2019 and confirmed the accuracy of the PID, AMC/AMSC, approved sources, and associated NSN data prior to solicitation.

The approved source information for this NSN is as follows:

NSN ITEM APPROVED

CAGE COMPANY NAME APPROVED

PART#

6140-01-662-7350 Battery, Storage

0WY95 ENERSYS ENERGY PRODUCTS 0790-2412

0WY95 ENERSYS ENERGY PRODUCTS 0790-2512

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

(x) The acquisition will be synopsized prior to solicitation issue.

(x) Dealers of the manufacturer will be solicited.

(x) Other: Sources Sought Notice posted to FedBizOps on 07/29/2019 and closed 08/02/2019 with no responses.

7. I hereby determine that the anticipated cost to the Government will be fair and reasonable.

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 buy history and publically available commercial pricing. For each add-on project to the resulting contract, detailed documentation and justification of price reasonableness will be prepared and detailed in an official price negotiation memorandum prepared upon the completion of negotiations.

8. Market Research/Efforts to Obtain Competition:

Other market research efforts include: A review of the purchase history, coordination with DLA Land and Maritime Small Business Office, and internet market research. A Sources Sought Notice was posted 07/29/2019 – 08/02/2019 by ZBB Branch revealing no new sources of supply for these lead acid batteries.

Market Survey [10 U.S.C. 2304(f)(3)(D)]:

A market survey was conducted on/during: 03/12/2019 to 03/19/2019. Updated 08/19/2019.

Total number of vendors contacted: ___1_____.

Names of vendors contacted: Enersys Energy Products (0WY95) Names of vendors providing survey responses: Enersys Energy Products (0WY95) Techniques used to conduct survey: _______Formal Market Survey, email and telephone.

Types of information requested: __________See Survey Results included_______________.

Summary of information received: See Survey Results included.

Information received regarding the commerciality of the item(s): See Survey Results

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

(x) 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: Enersys Energy Products

(0WY95)

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

(x) Sources sought notices have been issued on Fed Biz Ops for a minimum period of five business days and solicitations are posted to Fed Biz Ops.

(x) The solicitation contains DLAD Procurement Notes L04, “Offers for Part Numbered Items” and M06, “Evaluation of Offers for Part Numbered Items".

(x) Past awardees are contacted to ensure their awareness to posted solicitations.

(x) DLA Land & Maritime Value Engineering (VE) was consulted for open projects and new sources of supply on 08/12/2019. Industrial Specialist responded that VE has no open projects on this NSN at this time and no additional new approved sources are noted.

In accordance with the requirement of DFARS PGI 206.303-2 to include a copy of the previous justification to assist the approval authority in determining whether the planned actions to remove any barriers to competition cited on the previous justification were completed, the Contracting Officer reviewed the recent procurement to find recent IDC SPE7LX19RX060 which this project is to be its successor. The J&A document from that award is provided to the approving authority.

Market Research / Survey Summary

Market Survey Results: The market research for this project was conducted by the Contracting Officer of DLA Land & Maritime ZBB Branch with formal market survey with approved manufacturing source Enersys Energy Products (0WY95). This information was obtained during the market research efforts for IDC SPE7LX19D5072 and confirmed for this acquisition with Matt Maeder of Enersys by the Acquisition Specialist 08/19/2019 for current application to this IDIQ project and current accuracy. Approved source Enersys Energy Products survey responses are summarized as follows.

A. Enersys Energy Products (0WY95) is an International large business manufacturer with

Global Head Quarters located in Reading, PA which has approximately 630 employees on-site.

Enersys sells power products under various brand names including Hawker Battery and Odyssey for various end applications. Aerospace & Defense Customer Service Representative Matt Maeder returned a completed formal survey to DLA on 03/18/2019 that had initially been sent to them by Acquisition Specialists with ZAA Branch and indicated the following key information.

i. Interested in a Long Term Contract

ii. Items are considered commercial. Provided 2 invoices showing sale of this item to non-Government users, but some information was redacted due to their customer confidentiality policies.

iii. Global Manufacturer and Distributor iv.

v.

vi. Has no parent company vii.

xvi.

NSN: 6140-01-662-7350

CONTRACTING OFFICER CERTIFICATION

I hereby certify that the information contained in this justification is accurate and complete to the best of my knowledge.

ELIZABETH E. HANLON Date Contracting Officer DLA Land and Maritime - ZBB

Approval/Certification

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

MARY E. SHEARER Date Competition Advocate DLA Land & Maritime

MARK A. BROWN Date Head of the Contracting Activity DLA Land and Maritime

ATTACHMENTS:

1. ADD-ON PROCESS

HANLON.ELIZABETH.

EASTON.1378372107

Digitally signed by

HANLON.ELIZABETH.EASTON.1

378372107 Date: 2019.09.18 15:41:03 -04'00'

SHEARER.MAR

Y.E.1250702449

Digitally signed by

SHEARER.MARY.E.1250702449

Date: 2019.09.19 08:23:24 -04'00'

BROWN.MARK.AL

BERT.1041175032

Digitally signed by

BROWN.MARK.ALBERT.10411750

Date: 2019.09.19 08:47:52 -04'00'