J&A6.302-1C-SPE7MX17R0112.pdf

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

SOLICITATION: SPE7MX-17-R-0112

ORIGINAL J&A

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:

End Item description and weapon system:

Line Item NSN WSDC End Item

1 6140015564352 MRA ALL ARMY MRAPS

The NSN 6140-01-556-4352 is a battery used on all army MRAP Vehicles and on the civilian side it’s used on cars, trucks, stereo systems, boats, RVs, hydraulic lifts, winches, on-board electronics, sump pumps, and many other applications.

The estimated base value is _____ with an estimated total value (Base + Option) of ________and a maximum contract value of

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

NSN Company CAGE PRT NUM

6140015564352 EAST PENN MANUFACTURING CO INC DBA DEKA BATTERIES & CABLE 04055 9A78

6140015564352 BAE SYSTEMS LAND ARMAMENTS L.P. 076M6 6432526-01M1

6140015564352 BAE SYSTEMS SURVIVABILITY SYSTEMS 6W728 6432526-01M1

The use of the authority cited below:

Line Item NSN Brief Description AMC/AMSC ADQ Estimated ADV

1 6140015564352 BATTERY, STORAGE 1/Z 9,277

SOLICITATION: SPE7MX-17-R-0112

AMC 1: Suitable for competitive acquisition for the second or subsequent time.

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.

The confirmation of sources listed above was completed by Product Specialist of record for this NSN. He indicated on May 30, 2017 that the AMC/AMCS is coded 1/Z. supervisor of the battery team indicated that the Government does not possess any data on this item. In addition, the approved sources own the data. Based on this, only the approved source can meet the Government’s minimum needs for this item. If new sources are approved prior to award, the solicitation will be reissued allowing for the new source(s) a chance to compete for this acquisition.

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

a. The acquisition will be synopsized on or about August 16, 2017, and will run for 15 days. At the completion of the synopsis period, the RFP will be solicited on the internet for 30 days, via the DLA Internet Bid Board System (DIBBS).

b. Alternate items will be evaluated for this procurement.

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

Past procurement history will be reviewed, and a price analysis will be performed using the producer price indexes from the Bureau of Labor Statistics. The basis for determining the reasonableness of this procurement will be price analysis, analysis of the prices in the commercial market place plus other than cost or pricing data will be requested if needed.

8. Market Research/Efforts to Obtain Competition: Market Survey [10 U.S.C. 2304(f) (3)(D)]:

a. The product specialist reviewed this NSN for the project during project creation, and no new sources were found. A Sources Sought notice was posted December 28, 2016, in FedBizOpps for 10 calendar days to find potential sources for this NSN and no company responded.

b. A market survey was conducted on/during 11/28/16 - 4/26/17. Project was assigned to the buyer on April 21, 2017.

Total number of vendors contacted: 6

Names of vendors contacted:

1. SC Aero Incorporated (4XUX5)

2. BAE Systems (076M6)

3. Battery Outlet Inc. (0FGN2)

4. Battery Service Inc. (1PVM2)

5. East Penn Mfg. DBA Deka Batteries & Cable (04055)

6. Thomas Battery Co. (07ZC5)

Names of vendors that responded to market survey: 3

1. SC Aero Incorporated (4XUX5)

2. Battery Service Inc. (1PVM2)

3. BAE Systems (076M6) indicated the following: “We are not price competitive with DLA's procurement history on this NSN and most likely would not consider bidding on future LTC opportunities for this part.

Techniques used to conduct survey: emails, FedBizOpps, Market survey questionnaire and attachment and follow-up phone calls.

Types of information requested: # of base years, # of option years, priced option years versus EPA, FOB origin or destination, quantity breaks, commerciality, commercial sales invoices, Understanding of cost/price data.

Summary of information received: See below.

The Strategic Sourcing Specialists attempted to conduct market research with the following companies to assess their interest and capability to perform: SC Aero Incorporated (4XUX5), BAE Systems (076M6), Battery Outlet Inc. (0FGN2), Battery Service Inc. (1PVM2), East Penn Mfg. DBA Deka Batteries & Cable (04055), and Thomas Battery Co. (07ZC5).

SC Aero Incorporated (4XUX5) and Battery Service Inc. (1PVM2) was responsive to the market survey.

See below:

Both companies indicated an interest in pursuing a Long Term Contract.

Both companies indicated that this item is commercial.

Both companies indicated that they are a Small Business.

SC Aero Incorporated has indicated that they currently have 4 employees and Battery Service indicated that they currently have 13 employees.

Both companies has indicated that they do not have a parent company.

Information received regarding the commerciality of the item(s): Websites where this item can be buy:

www.wboinc.com, www.tristatebattery.com, www.batteryprice.com, www.pascobattery.com, www.federalbatteries.com, www.remybattery.com, and www.batteriesdirect.com.

Based on the market research conducted by the Sourcing Strategy Branch ZAA this NSN is commercial and will utilize Other Than Full and Open Competition.

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.

A technical review was completed by the SAPD product specialist group for the NSN. The subject NSN has been identified as sole/limited source item. No other sources or adequate technical data could be identified or located for competitive procurement. If new sources are approved prior to award, the solicitation will be reissued allowing for the new source(s) a chance to compete for this acquisition.

10. A listing of sources, if any, indicating an interest in the acquisition is: (If none, so state): SC Aero Incorporated (4XUX5), and Battery Service Inc. (1PVM2) responded to the market survey and expressed an interest in the acquisition. As such both companies will be in the solicitation mailing list.

11. This item is subject to the following methods of locating additional sources:

The following actions are being taken to identify additional sources:

a. The solicitation will contain procurement note L04– Offers for Part Numbered Items SEP 2016 and M06 - Evaluation of Offers for Part Numbered Items (SEP 2016).

b. The buyer was able to locate a copy of a previous J&A statement in the SRM Records Management database and no statement of actions was planned to remove or overcome any barriers for competition.

c. Planned actions for the future to overcome any barriers to competitions will be periodic market research and sources sought.

Company Name Cage Code

Interested in a LTC

Business Size Base Year Option

Years EPA Priced Option

FOB

Origin

Cost/ Price Data

SC Aero Incorporated 4XUX5 Interested Small Business (Dealer)

BAE Systems 076M6 Not Interested Large Business (Mfg.)_

Battery Outlet Inc. 0FGN2 Did not respond Small Business (Dealer)

Battery Service Inc. 1PVM2 Interested Small Business (Dealer)

East Penn Mfg. 04055 Did not Respond Large Business (Mfg.)

Thomas Battery Co. 07ZC5 Did not respond Small Business (Dealer)

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 $700,000, this signature serves as the approval.

Contracting Officer

APPROVAL/CERTIFICATION

I have reviewed and approve this justification:

Competition Advocate Signature

APPROVAL REQUIREMENTS

[X ] $700,000 to $13,500,000 Competition Advocate

PETERSON.GEORGE.

D.1242831744

Digitally signed by

PETERSON.GEORGE.D.1242831744

Date: 2017.08.03 17:08:15 -04'00'

COUTURE.MARY.E.123

0253613

Digitally signed by

COUTURE.MARY.E.1230253613

Date: 2017.08.15 16:18:30 -04'00'