Justification Flood Luminaire.docx

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

Justification for Other Than Full and Open Competition

DESCRIPTION OF THE ACTION BEING TAKEN

This action is for one requisition of a group purchase of Area/Flood High Output Luminaires (Light Fixtures). The group purchase consists of:

· 6 EA of Type 2 Light Fixtures, Part Number (P/N): OSQ-X-85L-40K7-2M-UL-NM-WH-Q9-OSQ-X-C-DA-WH

· 7 EA of Type 4 Light Fixtures, P/N: OSQ-X-85L-40K7-4M-UL-NM-WH-Q9-OSQ-X-C-DA-WH

· 1 EA of Type 5 Light Fixture, P/N: OSQ-X-85L-40K7-5M-UL-NM-WH-Q9-OSQ-X-C-DA-WH The manufacturer is CREE Lighting. The requisition is P/N specific as the products will be used to maintain compatibility and uniformity across the building. These characteristics ensure that PWD Point Loma maintains functional consistency. The specified luminaires meet the precise requirements for compliance with the buildings, current wiring, and warranty needed for the outdoor lighting.

DESCRIPTION OF SUPPLIES REQUIRED

The products being solicited for this requisition are a Type 2, 4 and 5 LED High Output Optical Distribution Light Fixture manufactured exclusively by CREE Lighting under P/Ns OSQ-X-85L-40K7-2M-UL-NM-WH-Q9-OSQ-X-C-DA-WH, OSQ-X-85L-40K7-4M-UL-NM-WH-Q9-OSQ-X-C-DA-WH and OSQ-X-85L-40K7-5M-UL-NM-WH-Q9-OSQ-X-C-DA-WH, respectively.

Acquisition of the product will be sourced through CREE Lighting.

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 light fixtures 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 light fixtures 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

CREE Lighting 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 CREE Lighting, 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

CREE Lighting 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 light fixtures from CREE Lighting.

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.