FAR-Part13-5-Sole-Source-JA_ACC - 21R0122_Redacted.pdf

Control No:

Contractor: EATON Corporation

Program/Equipment: USAG – WP, DPW

Version – March 2017 CUI

FAR Subpart 13.5 Simplified Procedures for Certain Commercial Items – Sole

Source Justification and Approval

1. Contracting Activity: Mission and Installation Contracting Command – West Point (MICC – WP), 681 Hardee Pl 1st FLR RM 100, West Point, NY 10996-1514

2. Description of Action: The United States Army Garrison – West Point (USAG – WP), Directorate of Public Works (DPW) requests a Firm Fixed Price Service Purchase Order with Eaton Corporation,8609 Six Forks Road, Raleigh, NC 27615- 2966. The Government projects award for May 2021 and fiscal year 2021, Operations and Maintenance, Army funds will be used.

An acquisition plan is not required because this procurement does not meet the threshold at Defense Federal Acquisition Regulation Supplement 207.103(d)(i)(B).

3. Description of Supplies/Services: The Contractor shall provide all personnel, equipment, supplies, facilities, transportation, tools, materials, supervision, and other items and non-personal services necessary to perform replacement of failed relays three new Schweitzer SEL 547-Distributed Generator Interconnection Relays, repair 13 breakers, and troubleshoot cause of failed relays, as defined in this Performance Work Statement (PWS), except for those items specified as government furnished property and services. The Contractor shall perform in accordance with (IAW) the terms and conditions of the contract and consistently with the established standards in this PWS and contract.

Period of Performance: June 2021 to 30 September 2021 Total Value:

4. Authority Cited: Simplified Procedures for Certain Commercial Items, 41 U.S.C. 1901 as implemented by FAR Subpart 13.5:

Unusual and compelling urgency Exclusive licensing agreements Industrial mobilization Other: Soliciting from a single source.

5. Reason for Authority Cited:

5.1. The Boilers at the Central Power Plant require the generator to operate giving power to all functions of boilers. The Directorate of Public Works found that the

Control No:

Contractor: EATON Corporation

Program/Equipment: USAG – WP, DPW

Version – March 2017 CUI circuit breakers had not been serviced in several years. It was also found that synchronism relays are not functioning properly and require repairs to the relays and breakers for generator to complete work under W911SD19C0010.

5.2. Eaton has been performing maintenance on each of the breakers on the switchgear and informed DPW that several of the breakers cannot be repaired on-site. The breakers on the switchgear will need to be repaired at Eaton’s Test Lab due to proprietary settings and calibrations. The switchgear cannot function properly until after the breakers are repaired and the new relays have been installed.

5.3. This service contract shall provide for replacement of failed relays, repair breakers, and troubleshoot the cause of failed relays in strict accordance with the requirements of the National Electric Code. Eaton has manufactured and installed the majority of the surrounding electronics that is in the Boiler Plant.

The contract W911SD19C0010 for the Design, Repair and Construct the existing Standby Generator for Buildings 600 and 604 cannot move forward until the requested work is completed.

5.4. This Justification and Approval with the Eaton Corporation ensures that all breakers, relays that will be repaired and installed, will work as a system with no potential compatibility issues of any equipment that was previously installed by Eaton. Eaton provides complete design, manufacturing and maintenance services to ensure that their products perform to the National Electric Code.

5.5. As stated Eaton Corporation, is in the plant as a subcontractor providing services on an ongoing contract. Due to Eaton’s proprietary settings and calibration in performing the requested services, seeking another source would cause delays preventing the generator to be repaired in a timely manner. This Justification and Approval will limit the number of contractors with their subcontractors working in plant delaying work.

5.6. Not having a fully functional generator if power fails to Central Area of the United States Military Academy will cause a disruption to include lack of hot water and power to the Staff, Residents and the United States Corps of Cadets (USCC).

Also, the Installation will not be in compliance with the Life/Health/Safety standards. Lastly, if the Eaton Corporation is not used for this work the MICC – WP will have to Terminate for the Convenience of Government the referenced contract above in paragraph 5.1 and the Government will take a loss of $2.1M for not completing contract.

6. Efforts to Obtain Competition: The Contracting Officer shall publish the notices required by FAR 5.201.