Justification Air Switches.docx

General Services Administration Supply Chain Management Contracting Division (SCM) Federal Acquisition Service

N6247A4012300V

Justification for Other Than Full and Open Competition

DESCRIPTION OF THE ACTION BEING TAKEN

This action is for one requisition for 25 each of an air switch, Part Number (P/N) 24280101. The MPD Naval Base San Diego is requesting air switch handle Mech. HOGO-LH-CCW/CW 12’/PG. The manufacturer is Eaton Corporation. The requisition is P/N specific as the product will be used at the Naval Hospital to replace an existing system. The air switches are needed to repair a high voltage infrastructure and need to be exact.

DESCRIPTION OF SUPPLIES REQUIRED

The product being solicited for this requisition is an air switch handle Mech. HOGO-LH-CCW/CW 12’/PG manufactured exclusively by Eaton Corporation under P/N 24280101.

Acquisition of the product will be sourced through Eaton Corporation.

IDENTIFICATION OF STATUTORY AUTHORITY

This acquisition is conducted under the authority of Section 201 of the Federal Property and Administration Act of 1949 (40 U.S.C. 501). Approval is sought for sole source procurement under the authority of FAR 2.101, 6.302-1 and 13.106-1(b). The air switches are commercial products as defined in FAR 12.101.

DEMONSTRATION THAT THE ACQUISITION REQUIRES THE USE OF THE AUTHORITY CITED

FAR 13.106(b)(1)/(2) and 13.501(a) allow the use of other than full and open competition whenever the “Contracting Officer (CO) determines that the circumstances of the contract action deem only one source reasonably available” item required by the agency is peculiar to one manufacturer. The use of the air switches is essential to the Government’s requirement, thereby precluding consideration of a product manufactured by another company.

EFFORTS TO SOLICIT TO AS MANY SOURCES AS PRACTICABLE

Eaton Corporation is the only manufacturer that offers the item requested by the customer. GSA anticipates an open market purchase.

DETERMINATION THAT THE ANTICIPATED COST WILL BE FAIR AND REASONABLE

IAW FAR 13.106-3(a)(3), a statement of price reasonableness will be included in the file. Open market items will be analyzed using market research, catalog prices, comparison to similar items in a related industry, and factors other than price. The price will be determined fair and reasonable.

DESCRIPTION OF THE MARKET RESEARCH CONDUCTED

Due to the request being part number specific to Eaton Corporation, market research indicates that there are no other sources available for the requirement.

OTHER FACTS SUPPORTING THE USE OF THE OTHER THAN FULL AND OPEN COMPETITION

While GSA is committed to expanding competition, we must accomplish that goal with the least risk to the successful support of the GSA Mission. GSA jeopardizes being able to meet our customers’ need by not completing this sole-source, brand name specific procurement.

LIST OF SOURCES THAT EXPRESSED AN INTEREST IN THE ACQUISITION

Eaton Corporation is the only manufacturer with the capability required to manufacture and provide the product requested by the customer.

STATEMENTS OF ACTION TO OVERCOME BARRIERS TO COMPETITION

See section “EFFORTS TO SOLICIT TO AS MANY SOURCES AS PRACTICABLE” above.

CONTRACTING OFFICER CERTIFICATION

The CO has determined that the actions taken under this acquisition meet the conditions described in of FAR 2.101, 6.302-1 and 13.106-1(b) and the brand name specified precludes competition to the maximum extent possible. It is in the best interest of the Government to purchase the air switches from Eaton Corporation.

The information contained in the justification for other than full and open competition for this acquisition is accurate and complete to the best of the CO’s knowledge.