J&A6.302-1SPE7LX19RX060.pdf

SPE7LX-19-R-X060

Source Selection Information – See FAR 2.101 and 3.104

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 solicitation is for a Single-NSN 5-year IDC project for DLA Land & Maritime CORE NSN 6140-01-662-7350 (BATTERY, STORAGE) with an ADQ of 971. This battery is of a type sold commercially for heavy duty equipment/trucks and is utilized by the US Army on its Bradley Fighting Vehicles. The AMC/AMSC is 3/D with estimated values as shown below.

ICP: DLA Land & Maritime

ESTIMATED ADV:

ESTIMATED TOTAL VALUE (3-Year+ 2 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) Hawker Battery Division 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 this 12 volt (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), with DLA Value Engineering (VE) advised that this project item is a lead acid ground vehicle battery utilized on US Army Bradley’s which the ESA only has 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. The storage battery being acquired from Enersys Energy Products is their P/N 0790-2512 from their Hawker Battery Division and is replacing P/N 0790-2412, both parts are 12v (AGM) batteries for military and heavy truck / ground equipment applications. The military used battery is based on their Odyssey Branded (AGM) lead acid commercial battery variant sold under Odyssey model number 0790- 2422 / 31-PC2150T which shares the same internal construction and electrochemical performance characteristics.

These 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. Initial Sources Sought Notice posted to FedBizOps on 03/12/2019 and closed 03/20/2019 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.

8. Market Research/Efforts to Obtain Competition:

Describe the market research conducted and the results.

Other market research efforts include: A review of the purchase history, coordination with the DLA Land and Maritime Small Business Office, and Contracting Officer internet market research. A Sources Sought Notices were posted 03/12/2019 – 03/20/2019 by ZBB Branch revealing no new manufacturing sources 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.

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

**On 03/14/2019 the Contracting Officer was advised by of DLA Land & Maritime Value Management (VE) that they have 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 that they were small purchase buys where J&A documents were not required and therefore cannot be 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). Approved source Enersys Energy Products responded with a completed survey and 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 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.

iii. Global Manufacturer and Distributor iv.

v.

vi. Has no parent company vii.

es. The Odyssey branded battery lists for $411.99 on their Online Store at https://shop.odysseybatter.com and is also available via their network of dealer/distributors.

17.

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.

__________________________________________ 2-0639________04/0 /2019 Contracting Officer Phone Date

Scott D. Knowles_____________________________ Typed name of Contracting Officer

Approval/Certification

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

Mary E. Shearer Date DLA Land & Maritime - Competition Advocate

APPROVAL REQUIREMENTS

( ) Up to $700,000 Contracting Officer ( x ) $700,000 to $13,500,000 Competition Advocate ( ) $13,500,00 to $93,000,000 Head of the Contracting Activity (HCA) ( ) over $93,000,000 Senior Procurement Executive (AQ)

KNOWLES.SCOT

T.D.1251897480

Digitally signed by

KNOWLES.SCOTT.D.125189748

Date: 2019.04.08 10:47:17 -04'00'

SHEARER.MAR

Y.E.1250702449

Digitally signed by

SHEARER.MARY.E.1250702449

Date: 2019.04.10 14:44:23 -04'00'