Justification and Approval.pdf

JUSTIFICATION AND APPROVAL FOR OTHER THAN FULL AND OPEN

COMPETITION (OVERSEAS CONTRACTING ACTIVITIES)

1. I recommend that U.S. Embassy Zagreb use other than full and open competition for the acquisition of maintenance service and replacement parts for the Embassy's main switchgear. The estimated cost is $64,000.00 USD.

2. Nature and/or description of the action being approved.

U.S Embassy Zagreb's main switchgear was installed 20 years ago. Yet the breakers and replacement parts have never been serviced. These breakers are starting to show signs of deterioration. ABB Inc. is the only vendor who has the exclusive right to repair and maintain the General Electric manufactured switchgear and components.

3. A description of the supplies or services required to meet the agency's needs.

The quote consists of pricing for the following options:

Replacement open coils Replacement close coils 1 spare electronic trip unit 1 spare charging motor Site trip OEM service of 18 WavePro Air Circuit Breakers

4. An identification of the statutory authority permitting other than full and open competition

6.302-1 Only one responsible source and no other supplies or services will satisfy agency requirements.

5. A demonstration that the proposed contractor's unique qualifications or the nature of the acquisition requires use of the authority cited (for sole source acquisitions; also required for unusual and compelling urgency where more than one offer will not be solicited).

ABB/GE is the equipment manufacturer and ABB/GE Inc. is the only firm that can provide OEM certified technicians for the breaker maintenance required at U.S.

Embassy Zagreb. They meet the unique needs of the US Embassy Zagreb breaker service required by manufactures specifications.

6. A description of efforts made to ensure that offers are solicited from as many potential sources as is practicable. The description should include whether a BetaSam.gov notice was or will be publicized, as required by FAR 5.2, and if not, which exception under FAR 5.202 applies (e.g., blanket waiver provided in DOSAR 605.202-70).

The requirement was not publicized due to the specific details required in this installation that are only known by the manufacturerlinstaller. The system is critical to Mission Operations and the risk of having other company attempt repairs could result in a major power loss for the whole embassy. In addition, an incorrect repair would damage the system resulting in total loss of power without an emergency generator backup.

7. A determination by the Contracting Officer that the anticipated cost to the Government will be fair and reasonable.

Based on feedback from subject-matter experts at the Office of Overseas Buildings (OBO) and post's Facility Manger, the Contracting Officer believes the cost to the USG is fair and reasonable. However, only ABB/GE Inc is authorized to make the necessary repairs. Competitive pricing is simply not available.

8. A description of the market survey conducted and the results or a statement of the reasons a market survey was not conducted.

A market survey not conducted because there is only one firm authorized to do the work.

9. Any other facts supporting the use of other than full and open competition.

This system feeds the whole Embassy compound with power, the OEM breaker service cycle is 5-7 years. The Embassy is past the recommended cycle. This is considered a power and safety issue. ABB/GE Inc. is the only OEM service provider for the breakers at post.

10. A listing of sources, if any that expressed, in writing, an interest in the acquisition.

NIA

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

N/A

CERTIFICATIONS

I certify that this justification is accurate and contains complete data necessary to support the recommendation for other than full and open competition.

4/13/2022 Date

4/29/22

Power Systems Support

Danz~nager

Date Facility Manager Eric Lee

Requirements Office

I certify that this submission is accurate, and that it contains complete information necessary to enable other officials to make an informed recommendation for approval or d,p oval. f '

!; 1(0 V Date