JA_SPE7LX25RX023 REDACTED 1_Redacted.pdf

CUI

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

FAR 6.302-1 (ONE OR LIMITED NUMBER OF RESPONSIBLE SOURCES)

SOLICITATION NO.: [SPE7LX25RX023]

DLA Land & Maritime Justification for Other Than Full & Open Competition Source Selection Information – See FAR 2.101 and 3.104

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. This will be a FAR 13.5 and will be a five-year Indefinite Delivery Contract (IDC) with a 3-year base period and (2) one-year options.

3. The proposed action is for the solicitation and award of a Firm, Fixed Price contract for three years with two one-year options. The supplies required to meet the using activity’s needs are described as follows:

CLIN NSN Item Description Unit of Issue AMC AMSC ADQ

0001 6140014845341 BATTERY,STORAGE EA 3 D 1657

End item, weapon system, or class of item: 37A FIGHTING VEHICLE SYSTEMS, BRADLEY (BFVS)

Estimated Annual Demand Value : $ Estimated Base Value (3 Year Base): $ Estimated Total Value (Base + Options):

Maximum Contract Value:

4. The statutory authority permitting other than full and open competition is 10 U.S.C. 3204(a)(1) as implemented by FAR 6.302-1.

5. The Government requires spare parts that are form, fit, and functionally interchangeable with those currently used on the supported end item or weapon system. The acquisition is restricted to the following source(s) of supply, which are the only source(s) known to have the capability of furnishing the required supplies and the only source(s) currently approved by the design control activity.

CLIN Contractor Cage Part Number 0001 EnerSys Energy Products 0WY95 0770-4010

The use of the authority at 10 U.S.C. 3204(a)(1) is based on:

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

[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.

On January 17th, 2025, the Product Specialist (Ashley Roberts) certified the accuracy of the approved source(s) and applicable AMC/AMSC codes. A copy of the certification is attached.

6. The following efforts are being taken to ensure that offers are solicited from as many sources as practicable:

[X] The acquisition will be synopsized on www.SAM.gov for 1 day prior to solicitation opening date [X] Manufacturer of exact products identified in the market research will be solicited.

[X] Dealers of the approved source(s) will be solicited.

[X] The solicitation will be posted to the DLA Internet Bid Board System for a minimum of 15 days.

Controlled by: DLA Land and Maritime Controlled by: Strategic Acquisition Programs Directorate

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

POC:

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

Certified Cost or Pricing data is not required, as the acquisition is being solicited as commercial under FAR 15.403-1(b)(3). These items will be solicited as other than full and open competition. The buyer only intends to award the NSN if a fair and reasonable price determination can be made.

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. Market Research/Efforts to Obtain Competition:

8. Market Research/Efforts to Obtain Competition:

Sources Sought Notice:

[X] A Sources Sought Notice was posted to Contract Opportunities on SAM.gov on February 24th, 2025 for a period of five business days and yielded the following results: one response from Cages 0WY95.

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

[ X ] A market survey was conducted on/during 2-24-2025.

Total number of vendors contacted: 1 Names of vendors contacted and responding: 0WY95 EnerSys Energy Techniques used to conduct survey: Sources Sought and Market Research Questionnaire.

EnerSys Energy (0WY95)

- Interested in pursuing LTC

Commerciality:

The Contracting Officer researched the internet for the commerciality of the items and their availability in the commercial marketplace.

Market research confirms that items are commercially available and not military specific. It is the Contracting Officer’s determination that the NSN falls under the commercial item definition at FAR 2.101 (1)(ii) Any item, other than real property, that is of a type customarily used by the general public or by nongovernmental entities for purposes other than governmental purposes, and has been offered for sale, lease, or license to the general public.

Items were previously determined as commercial and solicited as such on previous solicitation SPE7L022D0013. Per DFARS 212.102(a)(ii)(A), if the contracting officer has other evidence that an item has previously been acquired by the Department of Defense (DoD) using commercial product acquisition procedures, then the prior contract shall serve as a prior determination that an item is a commercial product.

Procurement History:

A review of procurement history for this was searched and provided info on the most recent procurements. Cage 1PVM2 and 0WY95 have been the only two vendors that provided this in the past. (see Attachment 2 Proc History)

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

CAGE COMPANY NAME

0WY95 EnerSys Energy Products

10. The following actions are being taken to overcome barriers to competition before any subsequent acquisition is made:

[X] The solicitation contains DLAD Procurement Note, L04 Offers for Part Numbered Items, which describes the process for submitting an alternate offer on the current procurement and requesting evaluation of an alternate product’s technical acceptability for future procurements of the same item.

DLA Land and Maritime encourages vendors that may be interested in becoming an approved source, even if there is not an active solicitation, to contact the DLA Land and Maritime Source Approval Monitor at DSCCAO-SAR@dla.mil for additional information on the steps required to submit a Source Approval Request Package for evaluation.

In accordance with DFARS PGI 206.303-2, [X] The Contract Specialist could not locate the prior J&A for contract SPE7L022D0013.

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

APPROVAL/CERTIFICATION

I have reviewed and approve this justification:

Competition Advocate Signature

APPROVAL REQUIREMENTS

[ ] Up to $750,000 Contracting Officer

[X] Over $750,000 to $15,000,000 Competition Advocate

[ ] Over $15,000,000 to $100,000,000 Head of Contracting Activity (HCA)

[ ] Over $100,000,000 Senior Procurement Executive (SPE)

WAHLE.BRENT.A

.1527682599

Digitally signed by

WAHLE.BRENT.A.1527682599

Date: 2025.06.23 09:52:04 -04'00'

WIEBUSCH.JAMI

E.1251897324

Digitally signed by

WIEBUSCH.JAMIE.1251897324

Date: 2025.06.23 11:25:42 -04'00'

Attachment(s):

1. Technical Certification

2. Proc History