JOFOC - PR16264810 - Emergency inverters.pdf

FOR OTHER THAN FULL AND OPEN COMPETITION

PURSUANT TO FAR SUBPART 6.3

1. Identification of the agency and the contracting activity:

This is a justification for other than full and open competition for an acquisition being conducted by the Department of State, U.S. Embassy Asuncion, Contracting Office.

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

The U.S. Embassy in Asuncion, Paraguay, requires an urgent sole-source award to Power Systems

& Controls for the purchase of two (2) emergency lighting inverters for the Chancery, Levels 2 and 3.

The Chancery's existing emergency lighting inverters serving Levels 2 and 3 are shutting down during generator transfers creating an immediate life-safety risk in the event of a power outage.

The Embassy cannot ensure adequate emergency lighting coverage for personnel on these floors without prompt replacement of these units. Given the urgency of this life-safety concern, the

Embassy does not have sufficient time to conduct a full and open competitive solicitation without risking a lapse in emergency lighting protection. Power Systems & Controls has the exact technical specifications and manufacturer-authorized programming capability required to configure the inverters to meet applicable U.S. standards and can deliver pre-programmed, compliant units within the compressed timeframe required.

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

(including estimated value).

This procurement involves the urgent purchase of two (2) pre-programmed emergency lighting inverters for the Chancery, Levels 2 and 3, configured to the exact specifications required to meet applicable U.S. standards for the Embassy in Asuncion.

Estimated Total Cost: $35,000.00 USD

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

This acquisition is conducted under the authority of 41 U.S.C. 3304, as implemented by FAR 6.3 and substantiated by the following:

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

☒ FAR 6.302-2 – Unusual and compelling urgency.

☐ FAR 6.302-3 – Industrial mobilization; engineering, developmental, or research capability; or expert service.

☐ FAR 6.302-4 – International Agreement.

☐ FAR 6.302-5 – Authorized or required by statute.

☐ FAR 6.302-6 – National Security.

☐ FAR 6.302-7 – Public Interest.

5. A demonstration that the proposed contractor's unique qualifications or the nature of the action require use of the authority cited.

• Urgent Life-Safety Need: The Chancery's emergency lighting inverters on Levels 2 and 3 require immediate replacement to prevent a lapse in emergency lighting coverage. A delay caused by conducting a full and open competitive process would leave personnel on these floors without reliable emergency lighting in the event of a power outage, an unacceptable and unnecessary risk to health and safety.

• Time-Critical Delivery Requirement: Given the urgency of the situation, the Embassy requires a vendor able to deliver fully compliant, pre-programmed units within a compressed timeframe. Power Systems & Controls has confirmed its ability to meet this accelerated schedule.

• Supporting Technical Qualification: As additional context, Power Systems & Controls possesses the exact specifications and programming capability required to configure the inverters to meet applicable U.S. standards, allowing the Embassy to move forward immediately without the added delay of vetting or qualifying an alternative vendor.

• Risk of Delay: Any delay in awarding this requirement to pursue a competitive solicitation would extend the period during which the Chancery lacks fully functional emergency lighting on Levels 2 and 3, an outcome the Embassy cannot responsibly accept given the life-safety implications

6. A description of efforts to ensure that offers are 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 5.202 applies.

Due to the unusual and compelling urgency of this requirement, the Embassy does not have sufficient time to publicize a notice or solicit competitive offers without jeopardizing the health and safety of Chancery personnel on Levels 2 and 3. No public notice was published pursuant to the exception under FAR 5.202(a)(1). The compressed timeframe necessary to restore emergency lighting coverage renders the standard notice and competitive solicitation process under FAR

Subpart 5.2 infeasible

7. A determination by the Contracting Officer that the anticipated cost to the

Government will be fair and reasonable.

The estimated cost of $35,000.00 USD is fair and reasonable based on Power Systems &

Controls' current pricing for the emergency lighting inverter units and associated pre-programming services. Pricing has been evaluated against the vendor's standard price list and is consistent with market value for comparable emergency lighting equipment meeting U.S.

standards.

8. A description of the market research conducted (see part 10) and the results or a statement of the reason for market research were not conducted.

Given the unusual and compelling urgency of this requirement, the Embassy's ability to conduct extensive market research was constrained by the immediate need to restore emergency lighting coverage on Chancery Levels 2 and 3. Limited research confirmed that Power Systems & Controls is able to meet the Embassy's exact specifications and required delivery timeframe. A more extensive market survey was not practicable given the time-critical nature of this life-safety requirement.

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

• The emergency lighting inverters on Chancery Levels 2 and 3 are essential to life-safety operations, and their prompt replacement is necessary to prevent a lapse in emergency lighting coverage during a power outage.

• The urgency of this requirement leaves insufficient time to conduct a full and open competitive solicitation without unacceptable risk to personnel safety.

• Power Systems & Controls has confirmed its ability to deliver compliant, pre-programmed units within the timeframe required by the Embassy.

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

None expressed interest in writing.

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

For future requirement, the Embassy will explore the possibility of establishing a standing arrangement with Power Systems & Controls for future emergency lighting equipment needs to streamline future procurements and promote efficiency.

CERTIFICATIONS

TECHNICAL AND REQUIREMENTS CERTIFICATION – FAR 6.303-2(c)

I certify that any supporting data under my cognizance and which form a basis for this justification are complete and accurate to the best of my knowledge and belief.

SIGNATURE: __________________________

Jason Lourie - Facility Manager

CONTRACTING OFFICER CERTIFICATION – FAR 6.303-2(b)(12)

I certify that this submission is accurate and complete to the best of my knowledge and belief.

SIGNATURE: ___________________________

Edward Swann - Contracting Officer

08/31/2026 19:38 GMT

Lourie, Jason (LourieJT@state.gov)

08/31/2026 20:22 GMT

Swann, Edward (SwannEB@state.gov)