BNJ_Redacted.pdf

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FAR 16.505(b)(2)(i)(C) The order must be issued on a sole-source basis in the interest of economy and efficiency because it is a logical follow-on to an order already issued under the contract, provided that all awardees were given a fair opportunity to be considered for the original order. [When utilizing this exception, the rationale shall describe why the relationship between the initial order and the follow-on is logical (e.g., in terms of scope, period of performance, or value).]

FAR 16.505(b)(2)(i)(D) It is necessary to place an order to satisfy a minimum guarantee.

FAR 16.505(b)(2)(i)(E) For orders exceeding the simplified acquisition threshold, a statute expressly authorizes or requires that the purchase be made from a specified source.

FAR 16.505(b)(2)(i)(F) In accordance with section 1331 of Public Law 111-240 ( 15 U.S.C.

644(r)), contracting officers may, at their discretion, set aside orders for any of the small business concerns identified in 19.000(a)(3). When setting aside orders for small business concerns, the specific small business program eligibility requirements identified in part 19 apply.

FAR 16.505(b)(2)(i)(G) For DoD, NASA, and the Coast Guard, the order satisfies one of the exceptions permitting the use of other than full and open competition listed in 6.302 ( 10 U.S.C.

3406(c)(5)). The public interest exception shall not be used unless Congress is notified in accordance with 10 U.S.C. 3204(a)(7).

3. Rationale Justifying Use of Cited Regulatory Authority.

a.) The Items Described in Paragraph 1 Must Be Compatible In All Aspects

(Form, Fit And Function) With Existing Systems Presently Installed.

b.) A Patent, Copyright, or Proprietary Data Limits Competition.

c.) The Items Described in Paragraph 1 are “Direct Replacements”

Parts/Components for Existing Equipment.

d.) Foreign Military Sales (FMS) Supported By A Case Letter.

e.) Unusual and Compelling Urgency.

f.) Other: If required, discuss any other rationale that supports the use of a brand name/sole source for this effort.

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4. Implication of Procuring Another Brand/Manufacturer.

a.) Unacceptable Delays in Fulfilling the Agency’s Requirements.

b.) Substantial Duplication Of Cost To The Government That Is Not Expected

To Be Recovered Through Competition.

c.) Other: If required, discuss any other implication of procuring another brand/manufacturer.

5. Actions to Remove Barriers to Competition.

CERTIFICATION

Schneider Electric (SE) field service representatives (FSRs) and authorized service partners (ASPs) are provided with continual training in preventative and remedial maintenance of their products. Regular field advisories as well as updated firmware and software enable the FSRs and ASPs to implement the latest engineering changes and upgrades to SE/APC/MGE brand equipment.

Other non-authorized service providers are not allowed to initiate pre-contract audits for SE brand-name units nor provide proprietary documentation and materials integral to providing remedial assessment and maintenance of their products. Pre-contract audits must be performed by SE factory-trained technicians. Otherwise, any warranties or service contracts will not be honored or considered.

Schneider Electric (SE) certifies only select ASPs to service SE/APC/MGE equipment. External personnel may not be adequately trained or otherwise familiar with SE/APC/MGE equipment, which could result in risk of equipment damage or failure, as well as other loss or injury. SE is also unable to ensure the reliability of competitor parts and materials provided or installed on their equipment. Warranty and contracted customers who elect competitor parts and service risk voiding their coverage plans and may incur additional charges as a result of unauthorized modifications to equipment.

For the reasons set forth in Paragraph 3(f) and 4(c), NSWCCO has no plans at this time to compete future contracts for the types of supplies/services covered by this document. If another potential source emerges, NSWCCO will assess whether competition for future requirements is feasible.