BRAND_NAME_JUSTIFICATION.pdf

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JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

Pursuant to the Federal Acquisition Regulation (FAR) 6.302-1 (a) (1) and 6.302-1 (c) (1), and the Bureau of Prisons Acquisition Policy (BPAP) 6.304 (a), the Federal Bureau of Prisons (BOP) has determined that the procurement of battery inverters for the Federal Correctional Complex (FCC) located in Victorville, California meets the criteria established for other than full and open competition. It is further determined that only a specific brand name and model will satisfy agency requirements. This limitation on competition is justified as supported by the following information:

1. Agency:

Department of Justice Federal Bureau of Prisons Federal Correctional Complex 13777 Air Expressway Blvd.

Victorville, CA 92394

2. Nature and/or Description of Action being Approved:

This action is for the acquisition of Myers brand battery inverters for the Federal Correctional Complex located in Victorville, California.

3. Description of Supplies or Services Required to Meet the Agency Needs:

Replacement battery inverters at FCC Victorville, CA. The services will be procured by way of purchase order.

4. Statutory Authority Permitting Other Than Full and Open Competition:

FAR 6.302 (a) (1), FAR 6.302-1 (c) when a specific brand is required a justification for other than full and open competition is required to cover the portion that is peculiar to one brand name or manufacturer.

5. Determination that Proposed Contractor’s Unique Qualifications or the Nature of the Acquisition Requires Use of the Authority Cited:

The battery inverters are to be used for the emergency lighting system inside the institution. The other battery inverters present are Myers brand inverters and the batteries in use are specifically designed to be compatible with this equipment. The purchase of this equipment is essential to be able to ensure the safety and security of the institution in being able to provide interchangeable equipment to the various areas of the system to eliminate downtime of the system which could cause a safety and security hazard. Based

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6. Contracting Officer’s Determination that the Cost to the Government Will be Fair and Reasonable:

Past procurements and research of the open market utilizing online resources has been conducted and determined that the estimated cost of the Myers Battery Inverters is fair and reasonable.

7. Description of the Market Survey Conducted:

Online research was conducted for the equipment to verify it was required to be able to be interchanged with the other inverters and battery systems in place. A search of GSA Advantage and open market sources was conducted online to determine there is adequate competition available for the specific brand required.

8. Other Facts Supporting the Use of Other Than Full and Open Competition:

The emergency lighting system is an essential security measure and must remain operational at all times. In maintaining the entire system with identical parts that are interchangeable downtime for the system in the case of a failure is limited. If there were a delay then the safety and security of the facility would hindered. Based on these facts the requested Myers Brand inverters are required for the acquisition.

9. List of Sources, Expressing in Writing, Interest in the Acquisition:

Emergency Lighting Equipment Service Co.

ALR

Mar Vista Sales, Inc.

10. Actions Taken by the Agency to Remove or Overcome Barriers to Competitions:

FCC Victorville will continue to monitor the market in regards to these parts for equipment that is interchangeable.

11. Contracting Officer’s Certification:

I hereby certify that the above justification is accurate and complete to the best of my knowledge and belief.

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Submitted by:

Patrick Ford, Contract Specialist Date FCC Victorville