JA6.3021CSPE7LX25R0011.pdf

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

SOLICITATION SPE7LX25R0011

Source Selection Information – See FAR 2.101 and 3.104

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.

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

CLIN Contractor CAGE Part Number 0001 Enersys Energy Products Inc. 0WY95 0820-0004

Bogue Systems Inc. 0BXF1 A56867 Hawker Dayton Corp. 27772 CYCLON-BC

0002 Enersys Energy Products Inc. 0WY95 0766-4015 Thales SA F6481 91890586 Leonardo SPA Divisione

Sistemi Di

A2309 WTP805600165

0003 Enersys Energy Products Inc. 0WY95 9750S0788 0004 Enersys Energy Products Inc. 0WY95 F0777-3023 0005 Enersys Energy Products Inc. 0WY95 0790-2510 0006 Enersys Energy Products Inc. 0WY95 0790-2512

These items are Storage Batteries and a Battery Assembly that are incorporated into military end items. At this time, Bogue Systems Inc. (0BXF1), Enersys Energy Products Inc. (0WY95), and Hawker Dayton Corp. (27772) (CLIN 0001); Enersys Energy Products Inc. (0WY95), Thales SA (F6481), and Leonardo SPA Divisione Sistemi Di (A2309) (CLIN 0002); and Enersys Energy Products Inc. (0WY95) (CLINs 0003-0006) are the only sources that have been identified as having the proper complete technical data and manufacturing expertise to supply the required batteries to DLA and the using military services (per the approved manufacturer part list for these NSNs in SAP, supplied by the Defense Logistics Information Service).

For CLINs 0003-0006, although these batteries are being offered to the general public and are considered commercial, they have unique characteristics that enable them “to operate successfully in harsh military environments.” These batteries are designed to operate in extreme altitudes and temperatures.

CLIN 0006 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. This particular Enersys battery is the only approved item 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 approved items are the only known repair/replacement parts that the Government can ensure will enable the military end item to function properly in accordance with military requirements. For CLINs 0001 and 0003-0005, the parts require engineering source approval by the design control activity in order to maintain 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. For CLINs 0002 and 0006, the Government physically does not have in its possession sufficient, accurate or legible data to purchase these parts from other than current source(s).

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.

CLINs 0001-0005 are designated as critical application items. The following weapon system indicator codes are assigned to these items: F (Failure will render end item inoperable) (CLINs 0001, 0003, and 0004) and J (Reduction in effectiveness of end item) (CLINs 0002 and 0005). Based upon the technical review, only the approved source currently listed in the AMPL has the complete technical data and manufacturing expertise to successfully manufacture these items for the Government and the using military service.

The approved CAGE and part numbers were confirmed by checking the Procurement Item Description (PID) and the Product Master. The Product Specialist reviewed the technical information and recommended for LTC on August 7, 2024. The technical data has indicated that these items are limited to sources Bogue Systems Inc.

(0BXF1), Enersys Energy Products Inc. (0WY95), Hawker Dayton Corp. (27772), Thales SA (F6481), and Leonardo SPA Divisione Sistemi Di (A2309).

The use of the authority cited below:

[X] AMC 1. Suitable for competitive acquisition for the second or subsequent time.

[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 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. (CLINs 0001, 0003-0005)

[X] 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. (CLINs 0002 and 0006)

These items have been determined to be commercial. A technical review in support of a potential LTC was performed and the NSNs were determined to be suitable for a long-term contract. The Product Specialists reviewed the technical information, including the AMC/AMSC codes, and certified it as complete and accurate on August 7, 2024 (See Attachment 1 – Technical Certification).

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

[X] The acquisition will be synopsized on or about March 14, 2025, for 3 days prior to the solicitation opening.

At the completion of the synopsis period, this PR will be solicited on the internet for 30 days via DLA Internet Bid Board System (DIBBS).

[X] Approved manufacturer will be solicited.

[ ] Manufacturers of similar products identified in the market research will be solicited.

[X] Dealers of the manufacturers will be solicited.

[ ] A synopsis exception cited in FAR 5.202 applies. (explain) [X] Other. (Explain) In an effort to encourage participation by manufacturers in the acquisition process and to help decrease barriers for companies looking to become sources of supply, DLA Land and Maritime hosts Captains of Industries bringing in industry leaders for particular commodities or weapon systems. DLA, depending on budget allowance, also holds supplier conferences.

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

a. This acquisition will included a 3 year base period with two option periods, for a total of 5 years. The estimated ADQ for each CLIN is listed in the table under Section 3.

b. Certified Cost or Pricing data is not required, as the acquisition is being solicited as commercial under FAR Part 12. These items will be solicited as other than full and open competition. The buyer only intends to award the NSNs if a fair and reasonable price determination can be made.

c. I hereby determine that the anticipated cost to the Government will be fair and reasonable based on commercial price comparison, price analysis, Producer Price Index (PPI), learning curve analysis, and/or informal cost breakdown.

8. Market Research/Efforts to Obtain Competition:

DLA Land and Maritime conducted various forms of market research including the publishing of a formal Sources Sought notice and market survey to www.SAM.gov. In addition to the publishing of a Sources Sought notice, the Market Survey team contacted the approved source and past provider from the procurement history.

Sources Sought Notice:

The Sources Sought Notice was posted to www.SAM.gov on October 31, 2024 and closed on November 7, 2024. No responses were received.

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

[X] A market survey was conducted on/during October 31, 2024 – March 10, 2025.

Total number of vendors contacted: 6

Names of vendors contacted and responding: Enersys Energy Products Inc. (0WY95), Wholesale Batteries, Inc.

(079M9), Portable Power Systems, Inc. (018H3), Hawker Dayton Corp. (27772), Integrated Procurement Technologies (4K0V2), and Bogue Systems Inc. (0BXF1). NOTE: There was a note in the LTC project file stating that approved source, Bogue Systems Inc. (0BXF1) will not support LTCs.

Positive responses were received from Enersys Energy Products Inc. (0WY95), Wholesale Batteries, Inc.

(079M9), Portable Power Systems, Inc. (018H3). Hawker Dayton Corp. (27772), Integrated Procurement Technologies (4K0V2), and Bogue Systems Inc. (0BXF1) did not provide a response.

The Government will continue to conduct market research to ascertain if changes occur in the marketplace that would enable future actions for these items to be competitive. Per PGI 206.304, the requirement states, “the justification shall 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”. Based on a review of the contract history, CLINs 0002-0005 are currently on LTC SPE7LX-20-D- 0096 and CLIN 0006 is currently on LTC SPE7LX-20-D-0066. The Justification and (J&A) for Other Than Full and Open Competition for SPE7LX-20-D-0096 (See Attachment 2 – SPE7LX20D0096 J&A) and SPE7LX-20-D-0066 (See Attachment 3 – SPE7LX20D0066) are included.

Based on previous acquisitions in accordance with DFARS 212.102(a)(ii) and the buyer’s additional Internet research, the Contracting Officer has determined that all items are commercial.

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.

10. A listing of sources, if any, indicating an interest in the acquisition is: (If none, so state)

Enersys Energy Products Inc. (0WY95) Wholesale Batteries, Inc. (079M9) Portable Power Systems, Inc. (018H3)

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

[X] Solicitation contains DLA Procurement Note, L04 Offers for Part Numbered Items [X] Solicitation contains DLA Procurement Note, M06 Evaluation of Offers for Part Numbered Items [ ] VE Bailment Program [ ] Source Development Review [ ] Reverse Engineering [ ] Other (Explain)

Attachment(s):

1 – Technical Certification

2 – SPE7LX20D0096 J&A

3 – SPE7LX20D0066 J&A