Attachment 1-Limited Source Brand Name Justification.pdf

MEMORANDUM FOR RECORD September 24, 2020

SUBJECT: Limited Source/Brand Name Justification Solicitation # SP330021Q0002

REFERENCE: FAR 13.106-1(b) and FAR 11.105

1. DLA Distribution Warner Robins Georgia (DDWG) has a follow-on maintenance requirement for: 1) an Eaton Uninterrupted Power System (UPS), model 9390-20, serial number ED434CAB10; and 2) 40EA VRLA sealed batteries that serve as a backup power source for their IT infrastructure. Eaton, the OEM of this equipment, provides for a comprehensive maintenance plan for this equipment referred to as its Power Trust Preferred Service Plan No. PP41NEDX-0050.

2. The DLA Distribution J7 Contracting Officer intends to award a Firm-Fixed-Price (FFP) contract to include a base year and four (4) twelve (12) month optional terms to fulfill this requirement.

3. The services to be procured under the Eaton Power Trust Preferred Service Plan

No. PP41NEDX-0050 include the following:

• After hours (7X24) Technical Support

• 4HR Response Time

• 2x per year: UPS Preventive Maintenance After Hours (7X24)

• 2x per year: Sealed Battery Preventive Maintenance, Any Time (BP05NS040)

• eNotify Remote Monitoring

• EOSL Status Active

Eaton and its value added resellers (VARs) are the only authorized providers of service support with Eaton developed proprietary software for three phase products. Eaton does not train, certify, or support independent third party service providers to deliver or service its UPS and power quality products. To facilitate competition to the fullest extent under the existing circumstance(s) DLA Distribution J7 intends to issue an RFQ that limits competition on a brand name basis to Eaton and its VARs.

4. Market research was conducted by 1) examining Eaton’s home website; and 2) speaking directly with Eaton. Eaton’s home website did indicate that VARs could provide for Eaton products. Furthermore, through conversations with an Eaton representative, DLA Distribution J7 learned that although a VAR can quote this requirement, the services would still be performed by an Eaton field technician.

5. A price fair and reasonable determination will be made through a comparative price analysis of the quotes received in response to the unrestricted RFQ posted to www.beta.Sam.gov.

6. In accordance with FAR 13.106-1(b), brand name specifications shall only be used when the

Government’s requirement can only fulfilled by a product that is peculiar to one manufacturer, and market research indicates other companies’ similar products do not meet or cannot be modified to meet the agency’s needs. Based on the information above it has been determined that limiting competition to Eaton and its VARs is the only way to provide for continued maintenance for the Eaton UPS located at DDWG.

http://www.beta.sam.gov/

7. The contracting POC is Tameka Drayton, 717-770-6523; the DDWG POC’s -Cody Smith 478-283-3720 -Dan Matibe 478-283-5773 -Brian Bowers 478-973-8521

Reviewed and Approved by:

Jennifer D. Fasting

Contracting Officer