Brand Name Justificaiton signed_Redacted.pdf

Sole Source (Including Brand Name) Justification - Simplified Procedures for Certain Commercial Items

CONTROLLED UNCLASSIFIED INFORMATION

March 2023 CONTROLLED UNCLASSIFIED INFORMATION Page 2 of 3March 2023 CONTROLLED UNCLASSIFIED INFORMATION Page 2 of 3

I. Contracting Activity.

766 Enterprise Sourcing Squadron / PKI

II. Nature and/or description of the action being processed.

The UPS system supports and protects Sensitive Electronic Equipment Systems (SEES) by conditioning the power and providing continuation of power. The UPS systems is a three phase, multi-module UPS. The UPS systems shall include support for any future fielded technologies. The UPS site is located on Joint Base Pearl Harbor–Hickam (JBPHH), Preventive Maintenance Service Contract, which will service APC Galaxy 5000 system. This will also include the entire UPS Battery replacement, when the life of the batteries has exceeded their designed interoperability.

Industrial backup battery system providing uninterrupted electricity derived from battery bank source.

-Provide timely and efficient PM Services for the .

-Provide cost effective PM and Services for the -Provide efficient communication channels so that customers can make informed decisions.

-Provide factory trained expertise to operate, repair and maintain factory equipment.

-Provide all parts and labor to be included with the current system at no additional cost -Provide emergency service 24/7, within a 4 hour call

III. Description of supplies/services required to meet agency needs.

This facility provides mission support to INDOPACOM AOR. Past acquisition has been with the current sole source entity. It is anticipated that battery end of life will occur. The equipment must be serviced by factory trained personnel, Schneider Electric APC/MGE does not sell to other companies not associated, or to non-factory trained personnel due to possible liability issues with personnel not familiar with proprietary equipment. NAVFAC does not maintain Schneider Electric APC/MGE equipment, nor does NAVFAC have any factory trained personnel. The current contract maintaining our UPS is currently maintained by Schneider Electric APC/MGE who is now Innovative Power LLC.

Previous contract#FA5215 18 P8051

IV. Statutory authority permitting other than full and open competition.

Schneider Electric holds proprietary software rights to their products and requires a Certified Schneider Electrician to

AFFARS 5313.501 - 10 U.S.C. 3572, Implementation of Simplified Acquisition Procedures (41 U.S.C. 1901)

V. Demonstration that the contractor's unique qualifications or nature of the acquisition requires the use of the authority cited above (applicability of authority).

Other Companies do not service other companies’ equipment due to liability issues and unfamiliarity. All UPS Companies provide their own equipment and will not service competing competitors' equipment.

VI. Description of efforts made to ensure that offers are solicited from as many potential sources as practicable.

The Request For Quote will be posted on the Government Point of Entry to solicit to companies that are able to fulfill our requirement. A Request For Information was posted initially to see if this acquisition would need to be Sole Source, but we received multiple companies that were able to fulfill our requirement while also be adhering to the proprietary software rights of Schneider Electric.

VII. Determination by the Contracting Officer that the anticipated cost to the Government will be fair and reasonable.

As we will be Requesting Quotes from multiple companies competition is expected and will ensure a fair and

Sole Source (Including Brand Name) Justification - Simplified Procedures for Certain Commercial Items

CONTROLLED UNCLASSIFIED INFORMATION

March 2023 CONTROLLED UNCLASSIFIED INFORMATION Page 3 of 3March 2023 CONTROLLED UNCLASSIFIED INFORMATION Page 3 of 3 reasonable price is obtained.

VIII. Description of the market research conducted and the results, or a statement of the reasons market research was not conducted.

Market research was conducted by posting a Request For Information to see if competition was available and instead of going with a sole source procurement we would use a brand name justification as multiple companies are able to fulfill the Proprietary Software rights of Schneider Electric.

IX. Any other facts supporting the use of Other Than Full and Open Competition.

N/A

X. List of any sources that expressed, in writing, an interest in the acquisition.

XI. A statement of the actions, if any, the agency may take to remove or overcome any barriers to competition before making subsequent acquisitions for the supplies or services required.

N/A

XII. Certification by the Contracting Officer.

As evidenced by my signature above, I have determined this document to be both accurate and complete to the best of my knowledge and belief.

XIII. Certification by the technical/requirements personnel.

As evidenced by my (our) signature(s) above, I (we) certify that any supporting data contained herein, which is my (our) responsibility, is both accurate and complete.