A19-SOL-JA SAM.gov.pdf

J&A DOL-26-26

Justification for Other Than Full and Open Competition

1. Identification of the Contracting Activity and Customer Agency.

Contracting Activity Customer Agency U. S. Department of Labor Office of the Senior Procurement Executive Office of Acquisition Services 200 Constitution Ave., NW Washington, DC 20210

U. S. Department of Labor Mine Safety and Health Administration (MSHA) National Air and Dust Laboratory (NADL) 1303 Airport Road Beaver, WV 25813

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

This action is to approve and authorize the issuance of a sole source contract to Eaton Corporation for Maintenance Services for an Eaton Model 9355 Uninterruptible Power Supply (UPS) system that is currently in use at MSHA’s NADL located in Beaver, West Virginia.

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

The Eaton Model 9355 UPS system is required to provide emergency power back up to critical laboratory systems in the event of a power outage. The existing UPS system provides coverage for the entire laboratory, including the Air Laboratory, Dust Laboratory, and Anemometer Calibration Laboratory. The contract will include full battery replacement in the base year including the removal and disposal of old batteries, with annual preventative maintenance visits in the option years. It will also include 24/7 customer support and emergency response with a standard 8-hour response time, and all required firmware and software upgrades for the duration of the contract.

Period of Performance: 12-month Base Period plus four (4) 12-month Option Periods

4. An identification of the statutory authority permitting other than full and open competition.

The statutory authority is Revolutionary FAR Overhaul (RFO) 6.103-1 Only one responsible source and no other supplies or services will satisfy agency requirements. Under this authority, Eaton Corporation is the sole authorized source capable of fulfilling this requirement.

5. A demonstration that the proposed Contractor’s unique qualifications or the nature of the acquisition requires use of the authority cited:

Eaton Corporation is the Original Equipment Manufacturer (OEM) for the Eaton Model 9355 UPS system and is the sole provider of factory trained and authorized technicians who are able to provide all of the required maintenance services to include Eaton’s proprietary firmware and software upgrades needed to fully service the unit.

6. A description of efforts to obtain competition 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 RFO subpart 5.1 and if not, which exemption under 5.101 applies:

A search of the open market yielded no sources that could fulfill the requirements besides Eaton Corporation due to the proprietary nature of the Eaton Model 9355 UPS system.

The Government will not publicize a presolicitation notice in accordance with the exemption at RFO 5.101(b)(1)(i).

7. A determination by the Contracting Officer that the anticipated cost to the Government will be fair and reasonable:

The Contracting Officer will make a determination of fair and reasonable pricing before awarding the new contract.

8. A description of market research conducted (part 10) and the results or a statement of the reason market research was not conducted:

Market research was conducted to determine contractor capabilities and the most suitable approach to fulfill MSHA’s requirement. It was found that only Eaton Corporation technicians have access to the proprietary firmware and software needed to fully service and maintain the Eaton Model 9355 UPS system.

9. Any other supporting facts supporting the use of other than full and open competition:

None.

10. A listing of sources, if any, that expressed, in writing, an interest in the acquisition:

None.

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:

To eliminate any barriers to competition, the Government will continue to monitor the marketplace for additional contractors and explore the use of alternative services through competitive procurement in the future.

Approval

Supporting data that is the responsibility of technical or requirements personnel (e.g., verifying the Government’s minimum needs or schedule requirement or other rationale for other than full and open competition) and which forms a basis for this justification is certified as complete and accurate by the technical or requirements personnel.

Based on the foregoing justification, I hereby approve the procurement under an other than full and open competition basis pursuant to the authority of 41 U.S.C. 3304(a)(1) as implemented by RFO 6.103-1 and provided that the services herein described have otherwise been authorized for acquisition.

The program/technical official further certifies that no conflict of interest exists in awarding a sole source contract to the contractor identified herein.

Technical certification:

I certify that the supporting data under my cognizance, which is included in the justification, is accurate and complete to the best of my knowledge and belief.

Terry Montgomery Contracting Officer’s Representative

Contracting Officer certification:

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

Alicia M. Jackson Contracting Officer

TERRY

MONTGOMERY

Digitally signed by

TERRY MONTGOMERY

Date: 2026.08.12 14:43:30 -04'00'

ALICIA

JACKSON

Digitally signed by

ALICIA JACKSON

Date: 2026.08.12 15:05:29 -04'00'