SAP CI BNJ_Redacted.pdf

Source Selection Information – See FAR 2.101 and 3.104

BRAND NAME JUSTIFICATION

1. Identification of Agency and Contracting Activity.

The requiring activity is Forces Surveillance Support Center (FSSC); the contracting activity is NAVSUP Fleet Logistics Center (FLC) Norfolk, Contracting Dept.

2. Description of the Action Being Approved.

This is a sole source action for the provision of Uninterruptible Power Supply (UPS) batteries and Cell Watch battery monitoring systems manufactured and sold by Eaton Corporation in support of FSSC in the following locations: New Kent, VA; Tilden, TX; and Vieques, PR. This requirement will be awarded subject to FAR 13.5 – “Simplified Procedures for Certain Commercial Items.” This is a new requirement.

3. Description of Supplies/Services.

FSSC operates and maintains the Relocatable Over-the-Horizon Radar (ROTHR) system, collecting and disseminating tactically significant air and surface track data for evaluation, interpretation and over-the-horizon tracking of aircraft and ships suspected of illicit trafficking of drugs and personnel. The instant acquisition is to procure Eaton brand UPS batteries and associated Eaton Cell Watch battery monitoring/warning systems to replace aged and degraded components in designated areas at facilities in each of the aforementioned locations.

The Independent Government Estimate (IGE) for this requirement is , and the required delivery date is 30 September 2023. Eaton Corporation manufactures UPS batteries and components to deliver and ensure continuous power supply to information technology (IT) systems, and to safeguard against extraneous power outages. Eaton is the only manufacturer capable of providing the required replacement items to incorporate successfully and reliably into the existing IT systems to continuously support the requiring activity’s mission.

The resultant contract will be funded with FY23 Navy Operations & Maintenance (O&MN) appropriations. These funds are currently available.

4. Statutory Authority Permitting Sole Source.

The statutory authority permitting this sole source action is 41 U.S.C.3304(a)(1) the property or services needed by the agency are available from only one responsible source or only from a limited number of responsible sources and no other type of property or services will satisfy the needs of the agency, as implemented by FAR 13.501(a). As identified in paragraph 5, there is only one manufacturer able to provide the necessary items satisfactorily and no other vendor will satisfy the agency’s minimum requirements. Eaton Corporation’s products meet the full range of capabilities required by

FORSURVSUPPCEN.

5. Rationale Justifying Use of Cited Statutory Authority.

The required UPS monitoring systems are currently in use in each of the FSSC facilities, and are designed to ensure safe and continuous power supply to support the data-driven mission of the command. The required monitoring systems are closed-circuited to monitor the UPS for that location and network only, and may not have connectivity to any outside network due to safety concerns. Workforce accessing the systems are trained in preventive maintenance for the Eaton UPS and monitoring systems in order to prevent and/or mitigate risk of a loss of power, which would force the facility to rely on generator sources as a short-term support and expose the system to unacceptable risk to security of the information system. These systems operate on a 24/7/365 basis and are located in secured areas that can only be accessed by authorized personnel and trained technicians operating the equipment. FSSC would have to re-tool existing related equipment and spaces and retrain personnel in order to support and maintain a different product to obtain a full range of required capabilities. This would significantly affect cost and schedule of FORSURVSUPPCEN’s mission.

Source Selection Information – See FAR 2.101 and 3.104

This is a new requirement for the continued deployment of specialized equipment, including major components thereof. It is likely that award to any other source would result in substantial duplication of cost to the Government that is not expected to be recovered through competition. This requirement may be met only by authorized Eaton equipment vendors and certified technicians.

6. Description of Efforts Made to Solicit Offers from as Many Offerors as Practicable, including a Description of Market Research, if applicable, and a List of Interested Sources, if any.

For the instant requirement, the Government conducted market research by posting a Sources Sought notice (SSN) that was uploaded to SAM.gov on 18 April 2023 with a response date of 03 May 2023. As a result, two (2) vendors responded. The responses from the SSN were analyzed by the Technical Representative at FSSC to determine if the vendors understood the requirement and were capable of performing. Both vendors were determined to be capable as they hold the appropriate Eaton authorized certifications. The contract specialist reviewed the responses to the SSN and concurred with the results.

Based on the results detailed above, the Government intends to solicit competitively amongst authorized Eaton distributors and will synopsize appropriately.

7. Determination of Fair and Reasonable Cost.

The Contracting Officer has determined that the anticipated cost to the Government of the supplies/services covered by this Justification will be fair and reasonable.

8. Actions to Remove Barriers to Future Competition.

For the reasons set forth in Paragraph 5, NAVSUP FLC Norfolk has no plans at this time to compete future contracts for the types of supplies covered by this document further than limiting to Eaton Branded authorized distributors. If another potential source emerges, NAVSUP FLC Norfolk will assess whether competition for future requirements is feasible. All future requirements will be researched on a case by case basis.

9. Contracting Point of Contact. The point of contact at NAVSUP FLC Norfolk is Robert Babcock, Code 240.2, who may be contacted at commercial (757) 354-1505 or by e-mail at robert.j.babcock25.civ@us.navy.mil.