Brand-name Justification - Redacted.pdf

Attachment 2 U.S. Customs and Border Protection

Sole Source Determination For actions above the micro-purchase threshold but not exceeding the SAT

Version 1.0 September 2016

Date: 09/06/2024 PR Number: 20143833

1. Nature and/or description of the item/service being procured and anticipated cost:

U.S. Customs and Border Protection, U.S. Border Patrol, Spokane Sector, requires four replacement solid oxide fuel cells and filter kits manufactured by Edge Autonomy Energy Systems (formerly Adaptive Energy). The required model is the Performer Series – P250i Solid Oxide Fuel Cell Power System (Part No. P250i-4003). The estimated cost is .

2. Sole Source Determination Rationale in accordance with FAR 13.106-1(b)(1)(i) and (ii).

(Check one and explain below):

_________ Only one source reasonably available.

_________ Urgent and compelling circumstances exists.

_________ Exclusive licensing agreement exists.

_____X___ Brand name. If the brand name requirement applies to a portion of the procurement, please identify that portion.

_________ Industrial Mobilization _________ Other. Explain:

Edge Autonomy Energy Systems fuel cells are required to enable integration with existing power supply systems. Spokane Sector currently has 19 Adaptive Energy fuel cells operating at solar-powered sites within its area of operations. Additional fuel cells of the same make/model/manufacturer are required to ensure programming compatibility, dimensional fit requirements for proprietary mounting systems, and compatibility with current solar controllers and low voltage disconnect computer systems. Manufacturer singularity will also allow immediate exchange of fuel cells in the event of malfunction or scheduled maintenance.

The DHS Science and Technology Division initially introduced the fuel cells in 2012 for a separate project based on a recommendation from the National Renewable Energy Labs. The fuel cells presently in use have been tested and recommended as the best, most efficient units available for the CBP Tactical Communications Network System (TCNS), which utilizes the fuel cells as a backup source of power. The efficiencies include fuel consumption, size, weight, and deploy ability. Our current systems are designed based on the use of these particular fuel cells and since 2012 our applications have only involved the use of fuels cells from this particular manufacturer. To incorporate an alternative fuel cell would require redesigning and

Attachment 2 U.S. Customs and Border Protection

Sole Source Determination For actions above the micro-purchase threshold but not exceeding the SAT

Version 1.0 September 2016 reconfiguring the systems at significant cost, to include data management, software, computer systems, and the TSNS structure itself.

3. The anticipated price will be determined fair and reasonable based on one or more of the price analysis techniques described below in accordance with FAR Part 13.106-3(a)(2).

_________ Market Research.

___X_____ Comparison of the proposed price with prices found reasonable on previous purchases.

_________ Current price List.

_________ Comparison with similar items in a related industry.

____X_____ Comparison to IGCE.

_________ Contracting Officer’s personal knowledge.

____X_____ Other. Explain: Price reasonableness will be determined based on a comparison of the quoted prices and a comparison to previous contracts for the same item and the IGCE.

4. Technical/Requirements Personnel Certification:

I certify that this requirement meets the Government’s minimum need and that the supporting data, which forms a basis for the Sole Source Determination, is accurate and complete.

Technical Representative/COR

5. Contracting Officer Certification/Approval:

I hereby determine that the circumstances described herein exist and that the information is accurate and complete to the best of my knowledge:

Contracting Officer Date