CD-492 JOFOC redacted.pdf

FORM CD-492 U.S. DEPARTMENT OF COMMERCE

(REV. 12-15) OAM

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

I recommend that the Department of Commerce negotiate only with

(Proposed Contractor(s)) for

(Description of Supplies or Services)

Requisition No. Cost Estimate $

(Include basic contract period and all options or total systems life costs)

Requesting Activity Contracting Activity

CERTIFICATION REQUIREMENTS

I certify that the attached narrative justification is accurate and contains complete data necessary to support the recommendation for other than full and open competition.

The requisitioner further certifies that the attached narrative justification verifies the Government's minimum needs or schedule requirements and any rationale used to justify other than full and open competition procedures.

Requisitioner (Name and Title) Signature Phone No. Date

Use of this form is optional when: the justification contains all information required by FAR 6.303-2, is certified by the requisitioner and contracting officer and is approved at the appropriate levels.

Before requesting this acquisition, state the statutory authority for conducting this acquisition under "other than full and open competition" procedures in the following blank (use only one statutory authority). Also provide a narrative justification to this form. In accordance with FAR Subpart 6.3, the narrative justification must include the facts necessary to reasonably and legitimately lead to the use of the specific authority for other than full and open competition; including adequate information on the nature and/or description of the action being approved and a description of the supplies or services required to meet the agency's needs.

STATUTORY AUTHORITY

41 USC 3304(a)(1) - Only one responsible source and no other supplies or services will satisfy agency requirements.

The supplies or services required by the agency are available from only one responsible source and no other type of supplies or services will satisfy agency requirements.

41 USC 3304(a)(2) - Unusual & compelling urgency

The agency's need for the supplies or services is of such an unusual and compelling urgency that the government would be seriously injured unless the agency is permitted to limit the number of sources from which it solicits bids or proposals. (NOTE: This authority will not be approved if it is determined that the urgency is due to a lack of advance planning by the requiring activity. Solicitation from as many potential sources as is practicable under the circumstances is required.)

41 USC 3304(a)(3) - Industrial mobilization; engineering, developmental, or research capability; or expert services

It is necessary to award the contract to a particular source or sources in order (a) to maintain a facility, producer, manufacturer, or other supplier available for furnishing supplies or services in case of a national emergency or to achieve industrial mobilization; (b) to establish or maintain an essential engineering, research, or development capability to be provided by an educational or other nonprofit institution or a federally funded research and development center; or (c) to acquire the services of an expert or neutral person for any current or anticipated litigation or dispute.

41 USC 3304(a)(4) - International agreement The terms of an international agreement or a treaty between the United States and a foreign government or international organization, or the written directions of a foreign government reimbursing the agency for the cost of the acquisition of the supplies or services for such government, have the effect of requiring the use of procedures other then competitive procedures.

41 USC 3304(a)(5) - Authorized or required by statute

A statute expressly authorizes or requires that the acquisition be made through another agency or from a specified source, or the agency's need is for a brand-name commercial item for authorized resale.

41 USC 3304(a)(6) - National security The disclosure of the agency's needs would compromise the national security unless the agency is permitted to limit the number of sources from which it solicits bids or proposals.

41 USC 3304(a)(7) - Public interest

The agency head (Secretary of Commerce) determines that it is not in the public interest to use full and open competition in the particular acquisition concerned, and notifies Congress in writing of such determination not less than 30 days before award of the contract.

APPROVAL REQUIREMENTS

Contracting Officer (CO) Signature Phone No. Date

Operating Unit (OU) Competition Advocate - Not exceeding $700,000:

OU Competition Advocate (Name and Title) Signature Phone No. Date

Department of Commerce (DOC) Competition Advocate - Over $700,000 but not exceeding $68 million:

DOC Competition Advocate (Name and Title) Signature Phone No. Date

Senior Procurement Executive (SPE) - Over $68 million:

SPE (Name and Title) Signature Phone No. Date

NOTE: Use the total cost estimate specified on the front of this document in determining the necessary approvals. Each review must be preceded by lower level approval(s), e.g., over $68 million all approvals are required.

Manufacturer Warranties and Limitation of Liability Manufacturer Warranties. Subject to the limitations set forth herein, Manufacturer warrants that the Products manufactured by it in its Northford, Connecticut facility and sold by it to its authorized Distributors shall be free, under normal use and service, from defects in material and workmanship for a period of thirty six months (36) months from the date of manufacture (effective Jan. 1, 2009). The Products manufactured and sold by Manufacturer are date stamped at the time of production. Manufacturer does not warrant Products that are not manufactured by it in its Northford, Connecticut facility but assigns to its Distributor, to the extent possible, any warranty offered by the manufacturer of such product. This warranty shall be void if a Product is altered, serviced or repaired by anyone other than Manufacturer or its authorized Distributors. This warranty shall also be void if there is a failure to maintain the Products and the systems in which they operate in proper working conditions.

MANUFACTURER MAKES NO FURTHER WARRANTIES, AND

DISCLAIMS ANY AND ALL OTHER WARRANTIES, EITHER

EXPRESSED OR IMPLIED, WITH RESPECT TO THE PRODUCTS,

TRADEMARKS, PROGRAMS AND SERVICES RENDERED BY

MANUFACTURER INCLUDING WITHOUT LIMITATION,

INFRINGEMENT, TITLE, MERCHANTABILITY, OR FITNESS FOR

ANY PARTICULAR PURPOSE. MANUFACTURER SHALL NOT BE

LIABLE FOR ANY PERSONAL INJURY OR DEATH WHICH MAY

ARISE IN THE COURSE OF, OR AS A RESULT OF, PERSONAL,

COMMERCIAL OR INDUSTRIAL USES OF ITS PRODUCTS.

This document constitutes the only warranty made by Manufacturer with respect to its products and replaces all previous warranties and is the only warranty made by Manufacturer. No increase or alteration, written or verbal, of the obligation of this warranty is authorized.

Manufacturer does not represent that its products will prevent any loss by fire or otherwise.

Warranty Claims. Manufacturer shall replace or repair, at Manufacturer's discretion, each part returned by its authorized Distributor and acknowledged by Manufacturer to be defective, provided that such part shall have been returned to Manufacturer with all charges prepaid and the authorized Distributor has completed Manufacturer's Return Material Authorization form. The replacement part shall come from Manufacturer's stock and may be new or refurbished. THE FOREGOING IS DISTRIBUTOR'S SOLE AND

EXCLUSIVE REMEDY IN THE EVENT OF A WARRANTY CLAIM.

Warn-HL-08-2009.fm

NFS2-3030/E Installation Manual — P/N 52544:N6 11/14/2016 67

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Untitled note: NOTE:

The fire alarm system on the NIST/Boulder and NIST/Fort Collins campuses were installed as Notifier brand equipment. Other NIST fire protection systems (water-based fire protection systems, automatic gas fire suppression systems, wet chemical extinguishing systems, portable fire extinguishers, and automated external defibrillators) are all monitored by the Notifier fire alarm system as the central managing system for all of the fire protection systems. The Notifier brand equipment carries a Manufacturer Warranties and Limitation of Liability document as provided by Notifier. This document (attached) indicates the following:

"This warranty shall be void if a Product is altered, serviced or repaired by anyone other than Manufacturer or its authorized Distributors. This warranty shall also be void if there is a failure to maintain the Products and the systems in which they operate in proper working conditions."

There have been numerous additional parts and pieces of equipment that have been installed since the original installation in 2009. The NIST Notifier fire alarm system is a network of 20 Notifier primary fire alarm control panels, 24 Notifier Digital Voice Controllers and Workstations, 34 fire suppression release panels, over 3500 alarm initiating points, and approximately 1400 notification appliances. Even though the initial system installation was in 2009 and the warranty is 3 years in length for Notifier equipment, all fire alarm equipment added to the network as a result of renovation, repair, or replaced due to maintenance has its own Notifier 3 year warranty that can be nullified if unqualified personnel perform work on the Notifier fire alarm system network. Notifier brand equipment is 100% compatible with our existing system and NIST would incur significant costs if required to purchase a new Fire Protection System.

Furthermore, the NIST/Boulder campus fire alarm system is a network of fiber optic connected Notifier fire alarm products, it is in the best interest of the government that the when network related service with the fire alarm system is necessary, it is performed by a vendor that employs Notifier certified network technicians. Notifier identifies Notifier authorized distributors that employ Notifier certified network technicians as Notifier Premier Distributors. This Notifier Premier Distributor status is withdrawn by Notifier if such a distributor no longer employs technicians that are Notifier network certified. It is in the best interest of the government to utilize the Notifier Premier Distributor status as a way to guarantee that fire alarm system network related services are provided by Notifier network certified technicians employed by the selected Notifier Premier Distributor.

It is also in the best interest of the government to maintain critical the fire protection systems in proper working condition by utilizing manufacturer trained technicians who have proper training and knowledge of "proper working condition" as provided by the system manufacturer.

Only a Notifier Premier Distributor is uniquely qualified to meet the requirements of the PWS and provide the required Fire Protection Systems Inspection, Testing Maintenance, Repair while maintaining new and existing warranties of NIST's Notifier equipment.