SOLE SOURCE DETERMINATION__redacted.pdf

Defense Threat Reduction Agency 1680 Texas Street, SE

Kirtland AFB, NM 87117-5669

SOLE SOURCE DETERMINATION

For Sole Source Simplified Acquisitions < SAT-See FAR 13.106-1

1. Description of Supplies/Services to be acquired: Periodic Inspection and Emergency Repair Services for the Uninterrupted Power Supply Systems in Buildings 20676 & 20336

KAFB, NM

2. Estimated Value: $512,000

3. Basis for this action: During the Electrical Upgrade of Building 20676 (Contract# W912PP21C0015) a contract that was administered through the U.S. Army Corps of Engineers, an Uninterrupted Power Supply (UPS) system was installed in the Facility and in the new DTRA Administration Building 20336. The intent of these systems is to provide uninterrupted power in the case of commercial power failure for equipment that is vital to DTRA’s mission.

As with any mechanical or electrical system, the UPS requires periodic inspection and maintenance to ensure that it is working as intended. The system that was selected by the Electrical Engineer and installed during this project was from the Eaton Corporation.

In March of 2023 DTRA initiated market research to determine the best course of action to secure a service contract to provide periodic service and emergency maintenance for the UPS system. It was during this process that DTRA realized the proprietary nature of the already installed and operating equipment. The following information was received in a letter from Eaton dated March 14th, 2023:

“Eaton is the only authorized provider of service support with the Eaton developed proprietary service software for 3-phase Eaton UPS products. Eaton does not train, certify or support independent third-party service providers to deliver or service Eaton UPS and power quality products.

Due to lack of training on competitor’s platforms Eaton does not service non-Eaton branded power quality equipment. Eaton only works on its own branded equipment or devices we’ve been certified to fully support and maintain (e.g., flywheels, static transfer switches).

No other service supplier is authorized to possess Eaton proprietary (copyrighted) software, repair documentation, processes, or materials.”

Due to the absence of any qualified or trained technicians at any vendor other than Eaton, it is necessary to retain this service from Eaton as the only entity that can provide the required services.

Defense Threat Reduction Agency 1680 Texas Street, SE

Kirtland AFB, NM 87117-5669

If any other company other than EATON is used it would void the warranty of this critical Equipment.

4. Actions to be taken: Should similar projects like this be taken on in the future, the acquisition team should work closely with each other and any supporting agencies to screen out any elements of the contract that have proprietary software, processes or parts that would preclude open and fair competition. It should be outlined in any contract that no Proprietary equipment or items can be used, only Non-Proprietary open source will be allowed.

Certification: I certify that the data and information in paragraphs 1 through 4 above are accurate and complete to the best of my knowledge and belief.

03/08/2024

Dorcy Cousins Date Project Manager

Determination: I determine that the above circumstances of this contact action deem only one source reasonably available to satisfy the Government’s requirement.

Mr. Herbert A. Thompson, Jr.

Contracting Officer Date

COUSINS.DORC

Y.1097476639

Digitally signed by

COUSINS.DORCY.1097476639

Date: 2024.03.08 09:38:38 -07'00'