CJIS CRAC Unit Fan Replacement.pdf

FEDERAL BUREAU OF INVESTIGATION

FINANCE AND FACILITIES DIVISION | PROCUREMENT SECTION

Attachment M J&A Guide & Template Version 2.6 Page 2

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION IN ACCORDANCE WITH 41 U.S.C. 3304 (A) (X)

Requisition Number: SHOP-PR-24-001186

Date: 6/26/24

1. Identification of the agency and contracting activity.

The U.S. Department of Justice (DOJ), Federal Bureau of Investigation (FBI), Facilities Acquisition Unit (FAU), has prepared this justification for other than full and open competition on Management Unit (FMU).

2. The nature and/or description of the action being approved, i.e., sole source, limited competition, establishment of a new source, etc.

It is the in

Technical Services to supply OEM replacement parts for the legacy data center Liebert CRAC units which have had a history of failing (small batch) and are a long lead time item.

The intent of the acquisition is to have readily available stock for when more failures occur to protect the data center integrity, historical lead time for this OEM EC Fan has been 52 weeks or greater.

3.

The requirement is to supply five (5) OEM EC Fans for the Liebert CRAC units.

4. The statutory authority permitting other than full and open competition.

The statutory authority permitting other than full and open competition is 41 U.S.C.§3304(a)(1) as implemented by the Federal Acquisition Regulation (FAR) Subpart 6.302- Satisfy Agency Require

5. Demonstrate the unique qualifications of the proposed contractor or the nature of the action requiring the use of the authority.

Attachment M J&A Guide & Template Version 2.6 Page 3

Donwil Technical Services is uniquely qualified to provide these OEM Liebert EC fans based upon the following:

They are the exclusive Liebert OEM parts sales in the area. Per contact with another regional territory.

6. A description of efforts made to ensure that offers are solicited from as many potential sources as is practicable, including whether a notice was or will be publicized as required by Subpart 5.2 and, if not, which exception under 5.202 applies.

Market research was conducted by the CJIS FMU Engineering Group through past historical data, internet searches, website reviews, knowledge through utilization of their products throughout other data centers and FBI divisional operations and knowledgeable personnel within FBI logistical operations and with OEM Liebert parts providers.

7. The anticipated dollar value of the proposed acquisition, including options if applicable, and a determination by the Contracting Officer that the anticipated cost to the Government will be fair and reasonable.

In accordance with FAR 15.402, the Contracting Officer will ensure that all supplies and services ordered under this contract are procured at a fair and reasonable price.

8. A description of the market research conducted and the results.

data, internet searches, speaking with distributors, and speaking with experts in the field.

Communication with EBM-Papst about who could supply the replacement fans lead us to Donwil being the only authorized dealer in the area with the ability to supply the FBI with the fans.

9. Any other facts supporting the use of other than full and open competition.

Donwil the exclusive Liebert OEM parts sales in the area. Per contact with another Liebert distributor (Mason & Berry), regional territory.

10. A listing of any sources that expressed a written interest in the acquisition.

N/A

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11. A statement of any actions the agency may take to remove or overcome any barriers to competition, if subsequent acquisitions are anticipated.

This effort will be competed in an other than full and open market, however as technology becomes available from other sources that are capable of meeting mission requirements, full and open competition will be reevaluated. The FBI will continue to examine the market in the future for alternative solutions or new sources before executing any subsequent acquisitions for the same require