Brand Name Justification.pdf

2 | 4

REV 11-2023

ID/IQ Task Order/Delivery Order (e.g. NASA SEWP or ARMY CHESS) FAR 16.505(b)(2)(i)(A) The agency need for the supplies or services is so urgent that providing a fair opportunity would result in unacceptable delays.

FAR 16.505(b)(2)(i)(B) Only one awardee is capable of providing the supplies or services required at the level of quality required because the supplies or services ordered are unique or highly specialized

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.

3 | 4

REV 11-2023

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.

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.

NAVSEA HQ has 2 UPS units inside the Main Computer Room that need annual maintenance service. A UPS is an array of batteries and the accompanying electronics to control power distribution in case of a power outage, power spike or similar power anomalies. NAVSEA SEA03 UPS units are Schnieder Electric Galaxy 5000 60 kVA models. C11929190005 and C11929190006 are the serial numbers for the (2) UPS units. These units need to be serviced and supported by an authorized Schneider maintenance company to keep the warranty valid. If this procurement is not awarded when there is a problem with the UPS unit, NAVSEA will be unable to repair the problem. A UPS is a very specialized piece of electrical equipment that can only be serviced and repaired by a Schneider authorized UPS electrician. In addition, it will void the warranty of the UPS units if an unauthorized UPS technician works on these UPS units. According to Schneider Electric only an authorized Schneider Electric service company can service Schneider Electric UPS units.

NAVSEA HQ has 2 UPS unit inside the Main Computer Room that need annual maintenance service, Galaxy 5000 60 kVA is the model number C11929190005 and C11929190006 are the serial numbers. These units need to be serviced by an authorized APC maintenance company to keep the warranty valid. According to Schneider Electric only an authorized service center may sell the annual support contract and only an authorized Schneider Electric are allowed to work on the UPS units. Using an unauthorized UPS service center will void the UPS warranties.