J_and_A_for_SAM.gov Battery Modules.docx

FEDERAL BUREAU OF INVESTIGATION

JUSTIFICATION FOR LIMITED COMPETITION/SIMPLIFIED ACQUISITION

JUSTIFICATION AND APPROVAL FOR

ACQUISITIONS UNDER THE SIMPLIFIED ACQUISITION THRESHOLD

In accordance with Federal Acquisition Regulation 13.106-1(b)(1), I hereby determine that the Liebert Nfinity and Toshiba UPS Battery Modules listed on DJF-21-1800-PR-0005162 is available from only one manufacturer (brand name only), and competition is precluded as there are no substitutes available.

1. This acquisition is restricted to the following manufacturer:

Company: Liebert Company Address: 105 Redland Ct. Suite A, Owings Mills, MD 21117 Company Point of Contact and Phone Number: Click here to enter text.

Company: Toshiba International Corp.

Company Address: 13131 West Little York, Houston, TX 77041 Company Point of Contact and Phone Number:

2. The Liebert Nfinity and Toshiba Battery Modules are estimated to cost _____________ and are required to be delivered by 9/17/2021.

The Liebert Nfinity and Toshiba UPS Battery Modules are used in the Uninterruptible Power Supplies as a backup power source and which are installed at our IWN/PNW tower sites to support critical infrastructure equipment during power outages before site generator equipment is operational.

3. Specific characteristics of the Liebert Nfinity and Toshiba UPS Battery modules that limit the availability to a sole source are compatibility with existing equipment. Only these suggested sources can furnish the requirements, to the exclusion of other sources, because it is the only back up power source for the Liebert and Toshiba brand UPS’s deployed in the field. In addition, this equipment cannot be bought new. These are refurbished battery modules.

4. Check and fill in all that are applicable for an Open Market Buy:

|X| These are "direct replacement" parts/components for existing equipment.

5. A determination by the ordering activity Contracting Officer that the order represents the best value consistent with FAR 8.404(d).

The contracting officer will determine, after considering the level of effort and the mix of skills available for the tasks needed, that the proposed order or BPA represents a reasonable total price and will be the best value for the FBI.

6. A statement of the actions, if any, the agency will take to remove or overcome any barriers that led to restricted consideration before any subsequent acquisition for supplies and services is made.

The Government will continue to research the market to obtain as many available sources as required in accordance with the FAR to ensure that there are other vendors out there that can satisfy this requirement. In addition, the customer will do due diligence in ensuring that barriers to competition are avoided to ensure we obtain the best value for the government.

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