Brand Name Justification Form_UPS_2pp-redacted.pdf

BRAND NAME JUSTIFICATION

1. Identification of Agency and Contracting Activity:

Agency: U.S. Equal Employment Opportunity Commission Requiring Activity: Central Service Division

Contracting Activity: Acquisition Services Division Requisition Name: Uninterrupted Power Supply (UPS) and Sealed Battery System, Maintenance and Service

2. Nature and/or Description of Action Being Approved:

The Uninterrupted Power Supply (UPS) system provides backup power to EEOC’s computer and telecommunications network agency-wide. Proper upkeep of our UPS system is critical to EEOC’s Office of Information and Technology function and support to the Commission. The UPS has parts in which life cycle replacement schedule needs to be planned and adhere to for the batteries and capacitors within the UPS system to ensure continued operation and to alleviate the possibility of hazardous fire and explosion and risk to life and property. The life cycle replacement should be planned and funded to ensure those funds are available in the years that these items are replaced within the stated time frames. Inadvertently the replacement schedule was missed and is now dangerously overdue for the batteries.

The UPS System is a proprietary system of the manufacturer, Eaton Corporation. Only Eaton can provide the much needed maintenance, parts and labor for this critical equipment in this system which provides protection for EEOC Computer Room. Eaton Sole Source letter is attached stating Eaton’s proprietary ownership. This is critical to the Agency because the Computer Room provides all network connectivity for HQ as well as the connectivity and access to EEOC’s Enterprise IT Networks and Services.

To understand the dire requirement for maintenance and replacement of the batteries the hazardous risks to this system must be understood. In accordance with National Fire Protection Association (NFPA) Standard 110 – Standards for Emergency and Standby Power Systems and NFPA 111 – Standard on Stored Electrical Energy Emergency and Standby Power Systems, EEOC’s UPS system must be kept under a maintenance contract and must adhere to the planned and scheduled maintenance parts replacement. Failure to do so could lead to governing officials turning the system off until such time as these standards are met. Furthermore, UPS systems that are not maintained are inherently dangerous, which is the reason why these standards exist and must be maintained. Easton outlines the hazards and dangers of these systems in the two attached documents entitled “Battery Hazards” and “Not So Shocking Truths About UPS Safety”.

3. Description of the Supplies or Services Required to Meet the Agency’s Needs (Including the Estimated Value):

Eighties (80) batteries (jars) at EEOC Headquarters for the each of EEOC’s two (2) Uninterrupted Power Supply (UPS) and Sealed Battery Systems; a total of 160 batteries (jars).

One (1) year scheduled Preventive Maintenance Services (PMS) and inspection and unscheduled/emergency services and repairs for our HQ Uninterrupted Power Supply (UPS) and Sealed Battery System.

The total estimated cost of the UPS Maintenance is and for that of the battery replacement for both units is .

4. Identification of the Justification Rationale (See 8.405.6(a) and, (b) and, if Applicable, a Demonstration of the Proposed Contractor’s Unique Qualifications to Provide the

Required Supply or Service:

(1) Only one source is capable of responding due to the unique or specialized nature of the work;

(2) the new work is a logical follow-on to an original Federal Supply Schedule order provided that the original order was placed in accordance with the applicable Federal Supply Schedule ordering procedures. the original order must not have been previously issued under sole source or limited source procedures;

X (3) the item is peculiar to one manufacturer. A brand name item, whether available on one or more schedule contracts, is an item peculiar to one manufacturer; or

(4) An urgent and compelling need exists and following the ordering procedures would result in unacceptable delays.

5. A Determination by the Ordering Activity Contracting Officer That the Order Represents Best Value Consistent With 8,404(d)

N/A

6. Description of Market Research Conducted Among Schedule Holders and the Results or a

Statement of the Reason Market Research Was Not Conducted:

The Eaton’s Partner and Authorized Resellers can provides quotes separately from Eaton. However, any work requiring a technician, parts or materials, what is provided is always directly from Eaton, i.e. the technician that would perform maintenance would actually be an Eaton tech and all parts or materials would also be Eaton. The Partner’s are listed below.

Chesapeake Mission Critical Maurice Electrical Supply

7. Any Other Facts Supporting the Justification:

To understand the dire requirement for maintenance and replacement of the batteries the hazardous risks to this system must be understood. In accordance with National Fire Protection Association (NFPA) Standard 110 – Standards for Emergency and Standby Power Systems and NFPA 111 – Standard on Stored Electrical Energy Emergency and Standby Power Systems, EEOC’s UPS system must be kept under a maintenance contract and must adhere to the planned and scheduled maintenance parts replacement. Failure to do so could lead to governing officials turning the system off until such time as these standards are met. Furthermore, UPS systems that are not maintained are inherently dangerous, which is the reason why these standards exist and must be maintained.

8. Statement of Actions, if Any, the Agency May Take to Remove or Overcome Any Barriers That Led to the Restricted Consideration Before Any Subsequent Acquisition for the Supplies or Services Is Made:

EEOC will resolicit at the end of services, with an initial 12-month period and option to extend services for 4 (four) additional years.

TECHNICAL CERTIFICATION STATEMENT: By my signature below, I hereby certify that any supporting data that is the responsibility of technical or requirements personnel (e.g., verify Government’s minimum needs or requirements or other rationale for limited sources) and which form a basis for the justification is complete and accurate: