3. Brand Name Justification 1305M321QNWWP0049.pdf

Version 3.0

BRAND NAME JUSTIFICATION

FOR AN ACTION EXCEEDING THE SIMPLIFIED ACQUISITION THRESHOLD

USING SIMPLIFIED PROCEDURES FOR CERTAIN COMMERCIAL ITEMS

(AUTHORITY: 41 U.S.C. 1901)

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1. Agency and contracting activity. Department of Commerce, NOAA Acquisition and Grants Office (AGO), Western Acquisition Division (WAD) and National Weather Service (NWS), Southern Region (SR).

2. Nature and/or description of the action being approved.

This is a brand name justification for procurement and installation of 10 Uninterrupted Power Supply (UPS) Systems at 7 Weather Forecast Offices (WFOs). These new units will replace aging and obsolete UPS systems.

3. Description of supplies or services required to meet the agency’s needs (including the total estimated value).

NWS is soliciting for the replacement of 10 UPS systems with Eaton 93PM UPS system with lithium battery backup for 15 minutes. This will include the removal of current systems and installations of new system. Estimated value of the brand name portion of the requirement is $655,428.00.

4. Statutory authority permitting the sole source (including brand name) acquisition.

☒ 41 U.S.C. 1901, using SAP up to $7M as authorized by FAR 13.500(a) and implemented by FAR 13.501(a).

☐ 41 U.S.C. 1903, using SAP up to $13M for contingency operations as authorized by FAR 13.500(c) and implemented by FAR 13.501(a).

5. Demonstration that the proposed contractor’s unique qualifications or the nature of the acquisition requires use of the authority cited. The contracting officer has determined the following circumstances justify the use of a brand name as supported below:

Brand Name - Eaton 93PM UPS system has the ability to increase and decrease load utilizing power modules and internal software to meet the needs of the changing load requirements of the NWS. Also, the 93PM can support lithium Ion batteries. This is alone will decrease operational cost in the future.

Eaton systems will also fit the different configured electrical room with very little to zero modifications to the current electrical room configurations reducing the cost of installation.

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6. Description of efforts made to ensure that offers are solicited from as many potential sources as practicable, including whether a notice was or will be publicized as required by FAR Subpart 5.2 and, if not, which exception under FAR 5.202 applies.

Any authorized dealer and distributed of Eaton UPS system may be solicited for this project.

7. Determination by the contracting officer that the anticipated cost to the Government will be fair and reasonable.

The Contracting Officer determines that the anticipated price(s) will be fair and reasonable based on cost breakdowns to support offered prices, the Independent Government Estimate, and historical prices.

8. Description of the market research conducted (see Part 10) and the results or a statement of the reason market research was not conducted.

Numerous UPS systems were researched. During the research it was determined that the Eaton 93PM UPS was the only system which could support Lithium Ion batteries and still retain the ability to increase and decrease load to meet the needs of NWS. This combination of features drives the overall reliability, decrease in maintenance, and increase employee safety.

9. Any other facts supporting the use of a sole source (including brand name), such as:

All supporting facts have been documented herein.

10. List of the sources that expressed a written interest in the acquisition.

Eaton is the only provider of the battery and power specifications for this requirement.

11. A statement of the actions, if any, the agency may take to remove or overcome any barriers to competition before any subsequent acquisition for the supplies or services required.

Due to power supply significance, the Lithium Ion battery backups provided with the Eaton 93PM UPS continues to be the priority for the WFOs. There will be no barriers to competition because the Eaton battery is widely available. The government intends to issue a Request for Quote (RFQ) that will elicit a competitive procurement for they system, including the Eaton batteries.

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12. Technical/Requirements Representative Certification

I certify that this requirement constitutes the Government’s minimum needs and the supporting data provided herein is accurate and complete to the best of my knowledge and belief.

13. Office of General Counsel Concurrence

Concur

14. Contracting Officer’s Certification

I certify this justification is accurate and complete to the best of my knowledge and belief.