Redacted_J A.pdf

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

SOLICITATION SPE7LX14R0170

ORIGINAL

1. The Defense Logistics Agency, DLA Land and Ma1itime, 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:

BRIEF DESCRIPTION NSN/PN QUANTITY EST.VALUE AMC/AMSC

*If too numerous, attach list ofNSNs and AMSC codes.

BATTERY, STORAGE 6140014584863 327

BATTERY, STORAGE 6140014845376 23

BATTERY, ASSEMBLY 6140015206830 95

BATTERY, STORAGE 6140015231288 409

BATTERY, STORAGE 6140015274592 39

Identify end item, weapon system, or class of item:

3/D 3/C 3/C 3/D 3/D

This requirement is in support, but not limited to the F-16 Aircraft; Drone, QF-16 Air Superiority;

Aircraft, B-52 Stratofortress; and LPD-17 Class Amphibious Transport weapon system programs.

ESTIMATED 3 YEAR BASE VALUE:

ESTIMATED TOTAL VALUE (BASE+ OPTIONS): $

MAXIMUM CONTRACT VALUE:

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

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

5. A demonstration that the proposed contractor's unique qualifications or the nature of the acquisition requires use of the authority cited in paragraph 4: Enersys Energy Products, Inc. is the only source that is capable of manufacturing the item(s) to meet the requirements. This was verified through review by the Product Specialist. Additionally, a sources sought was posted for 8 days and no additional potential sources were identified as a result.

(NOTE: Any AMSC codes referenced below include a condensed version of the AMSC descriptions. The full text is available in DFARS PGI 217.7506 Part 2).

Ifrestricted to the only source(s) of supply, include source(s) and CAGE code: Sole Source of supply is Enersys Energy Products, me. (OWY95)

DPACS pdp!27 (JUNE 12)

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

AMSC C: Part requires enginee1ing 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.

Valid AMC's: 1,2,3,4 and 5.

AMCS D: No technical data on item and data cannot be obtained economically.

For the items with AMSC C, manufacturing sources must be approved by the design control activity in order to maintain the quality of the part. For these items, Enersys Energy Products, Inc. (OWY95) has the technical data, manufacturing knowledge, and/or engineering skills essential to maintaining the quality of the part, and is the only source currently approved by the design control activity.

For the items with AMSC D, the Govermnent does not have rights to the technical data necessary to manufacture the items, and it is not economical for the Govermnent to obtain or otherwise develop the data. Enersys Energy Products, Inc. (OWY95) is the only source known to own or possess the technical data necessary to manufacture these items.

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

The acquisition will be synopsized on or about 4.18.2014.

Dealers of the manufacturer will be solicited.

Other: Additionally, a sources sought notice was published on Fed Biz Ops (FOB) website on

3.3.2014 for 8 days inviting any potential/interested sources to respond to a market survey.

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

Cost or pricing data will not be required as the items contained on this project have been determined commercial items in accordance with FAR 2.101 and therefore meet exception 15.403-1 (b)(3). A Federal Acquisition Regulation (FAR) Pmt 12 procurement will be utilized.

However, per FAR 15.404-l(a)(2), price analysis will be conducted. The price analysis will be conducted using historical pricing determined fair and reasonable for the S31Ile or similar items, the Producer Price index (PPI) and learning curve analysis. Price analysis may also include evaluating data other than certified cost or pricing data obtained from the offeror(s) such as commercial invoices, catalogs, etc. By using the above techniques, the Contracting Officer anticipates that the costs to the Government will be fair and reasonable. This project will be solicited for a three year base and two, one year options.

8. Market Research/Efforts to Obtain Competition: A Sources Sought notice was posted to the Federal Business Opportunities (FBO) website on 3.3.2014 with a response date of3.10.2014 as a means to try and find any other possible sources of supply or companies that might be interested in providing these items. There were no additional sources of supply that were identified during the period of the sources sought notice. Market surveys were sent to the one listed source of supply and three dealers who have received awards or shown past interest in the items, the solicitation/RFP will be posted to DIBBS and FBO and the buyer will contact via

DPACS pdpl27 (JUNE 12) email any sources who have shown interest in any of the NSNs in the past. A DD2579 was approved by the Small Business Office on 3.6.2014 with no additional sources identified.

Describe the market research conducted and the results. A full market survey was sent on

10.16.2013 to the listed source of supply and two dealers. The approved source of supply and two dealers returned the surveys with responses, see information below.

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

A market survey was conducted on/during 10.16.2013.

Total number of vendors contacted: 3.

Nam es of vendors contacted and responding: 3. · Techniques used to conduct survey: Email.

Types of infonnation requested: Interest in project, business size, length of contract and option years, FOB point, type of packaging used/supported, commercial nature, quantity sensitive items, cost drivers, time to deliver stock or customer direct items, willing to provide certified cost or pricing data.

This is a successor project and the current contract SPM7LX1 OD7122 is a FAR Paii 12 contract.

Summary of information received:

Enersys Energy Products Inc. (0WY95) - Received response to market survey on 10/17 /13.

Contractor has indicated an interest in all 5 NSNs. Stated NSNs are commercial and if needed, unredacted commercial information can be provided.

Alpha Source, Inc. (OF459)-Received response to market survey on 10/16/13. Contractor is a woman owned small business dealer/distributor to Enersys Energy and has indicated an interest in 1 NSN (6140-01-523-1288

Wholesale Batteries, Inc. C079M9)-Received response to market survey on 10/17/2013.

Contractor is a small business concern dealer/distributor to Enersys Energy and has indicated an interest in 1 NSN (6140-01-523-1288) LTC contract. They stated that the item is commercial (they could provide a published price list) and that if required, they would provide cost or pricing data.

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

Based upon the technical certification on file in DLA Land and Maritime-YEP technical data is not available and cannot be developed to pennit 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, Inc. (OWY95) - OEM/sole source, interested in all items.

Alpha Source (OF459) - Dealer to sole source, interested in only one item.

Wholesale Batteries (079M9) - Dealer to sole source, interested in only one item.

11. In addition to the specific actions being taken by Technical Support personnel to overcome barriers to competition before any subsequent acquisitions or recertification of class determination are made, this item is subject to the following methods oflocating additional sources:

12$1 The solicitation contains the provision entitled Conditions for Evaluation and Acceptance of Offers for Part Numbered Items

12$1 Other: A sources sought notice was posted on FEDBIZOPPS on 3.3.2014 with a response date of 3.10.2014. No inquiries were received as a result of this notice.

List of Attachements: None

CONTRACTING OFFICER CERTIFICATION

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 $650,000, this signature serves as the

X-i-3/ Phone

HEIDIE. TREADWAY

Typed name of Contracting Officer

Approval/Certification

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

JEANINE M. BEISNER

t'ilT. Competition Advocate

Signature Phone

Date