Justification and Approval for Other than Full and Open Competition.pdf

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

SECTION 1: IDENTIFICATION OF THE AGENCY AND THE CONTRACTING

ACTIVITY

Department of State Contracting Activity

☒ Acquisition Management

Requiring Activity Replacement of select Lighting Systems

SECTION 2: NATURE AND/OR DESCRIPTION OF THE ACTION BEING

APPROVED

Approval is requested to limit the number of sources for soliciting and awarding a Firm- Fixed-Price (FFP) contract to suppliers capable of furnishing Focal Point Luna 2x2 LED luminaires, Model FLUL-22-PSD-3000L-40K-1C-UNV-L11-G-WH, for the supplies described in Section 3 on behalf of the Requiring Activity.

This justification applies only to the brand-name portion of the acquisition. Competition will be sought, to the maximum extent practicable, among qualified suppliers and distributors capable of providing the specified Focal Point product.

The resulting contract will be Firm-Fixed-Price and will include furnishing and delivery of the specified luminaires.

SECTION 3: DESCRIPTION OF SUPPLIES/SERVICES REQUIRED TO MEET THE

AGENCY’S NEEDS

The Government requires replacement of approximately 30 percent of the existing recessed LED luminaires within the existing Chancery facility. Approximately 70 percent of the existing luminaires will remain in service.

The replacement requirement is for Focal Point Luna 2x2 LED luminaires matching the existing installed luminaire population. The required configuration is:

Manufacturer: Focal Point Series: Luna 2x2 LED Model: FLUL-22-PSD-3000L-40K-1C-UNV-L11-G-WH

Nominal light output: 3,000 lumens Color temperature: 4000K Voltage: Universal voltage Control: L11 dimming configuration Finish: White Mounting: Recessed/grid installation

Supply/Service Quantity Delivery

Focal Point Luna 2x2 LED luminaire, FLUL-22-PSD- 3000L-40K-1C-UNV-L11-G-WH 375 EA 60 days ARO

Installation/replacement of luminaires, if included 50 EA 60 days ARO

This justification covers only the requirement for the specified Focal Point luminaires. Other incidental materials and installation services, where applicable, are not restricted to a particular brand unless separately specified and justified.

SECTION 4: IDENTIFICATION OF THE STATUTORY AUTHORITY PERMITTING

OTHER THAN FULL AND OPEN COMPETITION

This acquisition is conducted under the authority of 41 USC 3304, as implemented by FAR 6.103 and substantiated by the following:

☒ FAR 6.103-1 – Only one responsible source and no other supplies or services will satisfy agency requirements.

SECTION 5: DEMONSTRATION THAT THE PROPOSED CONTRACTOR’S

UNIQUE QUALIFICATIONS OR THE NATURE OF THE ACQUISITION REQUIRES

USE OF THE AUTHORITY CITED

Provide an explanation of the contractor’s unique qualifications or the nature of the acquisition that requires the use of the statutory authority cited. This demonstrates that the prospective contractor has unique qualifications and/or specialized capabilities or expertise that is not prevalent in the marketplace.

The Focal Point Luna FLUL-22 luminaire is required because this acquisition is a partial replacement of an existing standardized lighting installation, rather than installation of a new lighting system. Approximately 70 percent of the existing Focal Point luminaires will remain in service following completion of this project. The replacement luminaires must therefore integrate with the existing installation with respect to physical fit, architectural appearance, optical characteristics, illumination level, electrical/control characteristics, and facility maintenance requirements.

a. Architectural and visual compatibility. The existing Focal Point Luna luminaire utilizes a distinctive architectural center-shield/basket configuration. Replacement of approximately 30 percent of the fixtures with a materially different luminaire would produce a visibly mixed lighting system within the same occupied spaces. Maintaining the existing Focal Point fixture preserves the established architectural appearance without requiring replacement of otherwise serviceable fixtures solely to achieve uniformity.

b. Physical compatibility. The existing Focal Point FLUL-22 is a nominal 2-foot by 2-foot recessed luminaire designed for the existing ceiling-grid installation. The alternative evaluated, Lithonia Model 2BLT2 MG 33L ADP EZ1 LP840, is a metric 600 mm × 600 mm luminaire.

Lithonia publishes dimensions of approximately 593.6 mm × 593.6 mm (23.37 × 23.37 inches) with a depth of 63.5 mm (2.50 inches). This differs from the physical configuration of the existing Focal Point installation and is not a direct dimensional replication of the existing luminaire.

c. Photometric compatibility. The specified Focal Point configuration is a 3,000-lumen, 4000K fixture. The evaluated Lithonia alternative uses its 33L lumen package; published data for the LP840 configuration indicates approximately 3,313 delivered lumens. Although both products provide LED illumination at 4000K, they do not use the same optical system or produce identical photometric performance. Use of the Lithonia product among retained Focal Point fixtures would therefore introduce a different lumen package and optical distribution into the existing lighting system.

d. Maintenance standardization. Continued use of the existing Focal Point luminaire family allows facility maintenance personnel to support one principal fixture configuration within the affected spaces. Introduction of a second luminaire family would require maintenance of separate technical data, fixture-specific replacement components, diffusers/shields, drivers and other parts as applicable, and separate troubleshooting and spare-parts considerations for the remainder of the installation's service life.

e. Avoidance of unnecessary alteration and engineering effort. Use of a different fixture would require additional field verification and engineering evaluation to confirm ceiling fit, mounting compatibility, lighting levels, optical distribution, controls compatibility, and acceptable architectural appearance. Depending upon the alternative selected, modification of the existing ceiling interface or other installation details may also be required. Procurement of the existing Focal Point fixture allows a like-for-like replacement strategy and minimizes disruption within the occupied Chancery.

f. Lifecycle impact. Selection of a replacement fixture cannot reasonably be evaluated solely on initial unit price. Any acquisition-price savings associated with a different manufacturer's fixture must be considered together with the cost of engineering evaluation, possible installation modifications, maintenance of two fixture populations, additional spare parts, and future replacement activity.

Based on these requirements, the specified Focal Point product is essential to the Government's requirement for compatibility with the retained lighting installation. The restriction is based on the Government's existing physical and operational requirements and is not based upon a general preference for Focal Point as a manufacturer.

As part of the Government's market research, Lithonia 2BLT2 MG 33L ADP EZ1 LP840 was evaluated as a potential substitute. The Lithonia product provides broadly comparable basic functionality, including 4000K LED lighting and 0–10V dimming to approximately 1 percent;

however, it utilizes a different metric-grid physical configuration, different optical/diffuser assembly, and a different lumen package. Accordingly, the Government determined that it does not provide a like-for-like replacement within the existing Focal Point lighting installation.

For these reasons, use of the existing Focal Point Luna configuration is necessary to satisfy the Government's requirement.

SECTION 6. DESCRIPTION OF EFFORTS TO ENSURE THAT OFFERS WERE

SOLICITED FROM AS MANY POTENTIAL SOURCES AS IS PRACTICABLE,

INCLUDING WHETHER A NOTICE WAS OR WILL BE PUBLICIZED AS

REQUIRED BY FAR SUBPART 5.2 AND, IF NOT, WHICH EXCEPTION UNDER

FAR 5.201 APPLIES

The Government intends to obtain competition to the maximum extent practicable among suppliers and distributors capable of providing the specified Focal Point Luna luminaire. The restriction established by this justification applies to the manufacturer/product and does not restrict award to a particular distributor.

Market research included review of the existing installed lighting system, review of manufacturer technical literature, and comparison of the specified Focal Point fixture to other commercially available 2x2 LED luminaires. The Lithonia 2BLT2 MG 33L ADP EZ1 LP840 was specifically evaluated as a potential alternative.

The market research determined that the Lithonia product provides generally comparable basic lighting functionality but does not replicate the existing Focal Point fixture's physical configuration, optical assembly, lumen package, and architectural appearance. Accordingly, it was determined not to satisfy the Government's minimum requirement for integration into the retained lighting installation.

Quotations will be requested from as many responsible sources capable of supplying the specified Focal Point product as practicable.

The requirement will not be separately synopsized in SAM.gov pursuant to the Department of State foreign-acquisition procedures at DOSAR 605.202-70. This exception does not waive competition requirements; therefore, competition will be obtained to the maximum extent feasible among sources capable of providing the specified brand-name item.

SECTION 7. DETERMINATION BY THE CONTRACTING OFFICER THAT THE

ANTICIPATED COST TO THE GOVERNMENT IS FAIR AND REASONABLE

The Contracting Officer will determine that the anticipated price to the Government is fair and reasonable based upon competition among multiple suppliers/distributors of the specified Focal Point product, comparison with published/catalog pricing, historical pricing for the same or similar Focal Point luminaires, independent Government estimates, and/or other available market pricing information.

Although the requirement specifies a particular manufacturer's product, the Government intends to obtain price competition among qualified distributors and suppliers to the maximum extent practicable.

SECTION 8. DESCRIPTION OF THE MARKET RESEARCH CONDUCTED (SEE

PART 10) AND THE RESULTS OR A STATEMENT OF THE REASON MARKET

RESEARCH WAS NOT CONDUCTED

Market research was conducted over the course of several months before request in accordance with FAR Part 10.

The research included:

1. Physical review of the existing Chancery lighting installation and confirmation that approximately 70 percent of the existing Focal Point Luna luminaires will remain in service;

2. Review of technical literature and product information for the existing Focal Point Luna FLUL-22 luminaire;

3. Review of technical literature for commercially available alternative 2x2 LED luminaires;

4. Detailed evaluation of Lithonia Model 2BLT2 MG 33L ADP EZ1 LP840 as a potential alternative; and

5. [Distributor/vendor inquiries, historical procurement records, web searches, manufacturer inquiries, etc.].

The market research established that competing manufacturers offer 2x2 recessed LED luminaires capable of providing similar basic illumination. However, the products reviewed do not reproduce all characteristics necessary for direct integration into the Government's existing Focal Point installation.

The Lithonia alternative evaluated is a 600 mm × 600 mm metric-grid fixture measuring approximately 593.6 mm × 593.6 mm and employs a curved linear-prismatic diffuser. Its 33L LP840 configuration provides approximately 3,313 lumens at 4000K. By comparison, the required Focal Point configuration is the existing Luna FLUL-22 configuration specified at 3,000 lumens and 4000K. The fixtures also differ in physical construction, optical assembly, and architectural appearance.

The market research therefore supports limiting the luminaire requirement to the Focal Point Luna configuration while maintaining competition among distributors and suppliers capable of furnishing the product.

SECTION 9. ANY OTHER FACTS SUPPORTING THE USE OF OTHER

THAN FULL AND OPEN COMPETITION

The requirement involves replacement of only approximately 30 percent of an existing lighting installation. Replacement of the remaining approximately 70 percent of serviceable Focal Point fixtures solely for the purpose of permitting use of another manufacturer's product would unnecessarily expand project scope and cost and would result in disposal of otherwise serviceable Government assets.

Conversely, introducing a second fixture type for only the replacement portion would create a mixed installation that the Government would be required to support for the remaining service life of both fixture populations.

The restriction is therefore limited to the minimum necessary scope: the replacement luminaires themselves. Installation services, ordinary ancillary materials, and other aspects of the acquisition remain subject to competition unless independently restricted for another valid reason.

No requirement is being imposed that the luminaires be obtained from Focal Point directly.

Qualified suppliers may compete to provide the specified product.

SECTION 10. LISTING OF THE SOURCES, IF ANY, THAT EXPRESSED, IN

WRITING, AN INTEREST IN THE ACQUISITION

To date, no other sources have written to express an interest in the acquisition.

SECTION 11. 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

None.

SECTION 12. CERTIFICATIONS