Schneider Electric battery replacement_Brand Name Justification_Redacted.pdf

NSWCCD Sole Source/Brand Name Justification SAT rev 1 Effective September 2020

USE OF OTHER THAN FULL AND OPEN COMPETITION LESS THAN

SIMPLIFIED ACQUISITION THRESHOLD MEMO

FROM:

CODE: 862

SUBJECT: Sole Source/Brand Name Justification / Limited Source Justification for Use of Other than Full &

Open Competition for an Acquisition under the Simplified Acquisition Threshold (SAT)

I. BACKGROUND

1. FAR 13.106-1(b)(1)(i) states for purchases not exceeding the simplified acquisition threshold, Contracting Officers may solicit from one source if the Contracting Officer determines that the circumstances of the contract action deem only one source reasonably available.

2. As required by FAR 13.106-3(b)(3)(i), this memorandum explains the absence of competition for this acquisition, as only one source will be solicited for this requirement (or for a portion of the requirement) and the requirement is not expected to exceed the simplified acquisition threshold.

3. This memorandum is derived from Enclosure 3, Department of Navy Simplified Acquisition Procedures Guide (April 2018) and is only applicable to acquisitions under the SAT.

II. DESCRIPTION OF ITEM OR SERVICE (include manufacture/sole source name and address)

NSWCCD Code 86 requests the purchase of Schneider Electric Battery Replacement APC Smart-UPS VT Frame 20kVA 208V (Serial number: PS1115341145) The estimated price for this procurement is .

Manufacturer:

Schneider Electric APC 132 Fairgrounds Road West Kingston, RI 02892 401-789-5735

III. BASIS FOR DETERMINATION FOR USE OF OTHER THAN FULL & OPEN COMPETITION

A. BRAND NAME: Item required must be a brand name product, or feature of a product, particular to one manufacturer.

1. Restrictive Rights: The source has established proprietary rights, limited rights in data, patent rights, copyrights, or secret processes in the item or service required.

2. Exclusive Licensing Agreements: The item or service is only available from the Original Equipment

The proposed contract action is to provide on-site OEM battery replacement service for an existing APC Smart UPS VT 20kVA UPS. NSWCCD has utilized APC high-capacity 20kVA UPS for over six years to provide emergency backup power and reliable conditioned power in RDT&E Lab 251 computer facility housing mission essential computing servers, storage, and network infrastructure.

The APC Module Battery Replacement Service includes removal of depleted batteries by a certified Field Service Engineer and environmentally compliant disposal of depleted batteries by a certified recycling center.

The service includes OEM replacement parts for existing APC UPS equipment. Other manufacturer’s replacement parts are not compatible for direct replacement and would void the OEM maintenance service agreement. Use of other unauthorized service provider would also jeopardize the maintainability and availability of APC UPS equipment. It may incur additional repair cost and over $50,000 to replace the APC equipment if the equipment fails after improper service by an unauthorized service provider. This would also cause lengthy downtime which impacts the mission essential submarine maneuvering simulation and tactical ship control software development schedule.

Only authorized Schneider Electric service providers can provide support and service which has been confirmed with Schneider Electric. Schneider Electric APC has several authorized resellers.

3. Other Reasons

B. SOLE SOURCE (select all that apply)

1. Restrictive Rights: The source has established proprietary rights, limited rights in data, patent rights, copyrights, or secret processes in the item or service required.

2. Exclusive Licensing Agreements: The item or service is only available from the Original Equipment Manufacturer (OEM), or there is only one authorized distributor or technical representative for the OEM.

3. Other Reasons

IV. CERTIFICATIONS & APPROVALS