Signed SSJ_FA481425TF012__Redacted.pdf

CONTROLLED UNCLASSIFIED INFORMATION

Sole Source (Including Brand Name) Justification - Simplified Procedures for Certain Commercial Items

~---------------------------------------------------------------------------------, I NOTE: If a Justification was approved for the preceding acquisition, a copy of the approved Justification for the predecessor action must I I be included in the staff package for approval of the instant Justification. This applies to Justification staff packages that are submitted I I for review and approval at a level above the contracting officer. The predecessor Justification will be used as a reference document by I I the approving official. I L---------------------------------------------------------------------------------1

Is this a new or amended J&A Document? ~ New D Amended ( Prior to Award Only!)

Is this a Bridge Action as defined in the AF Bridge Action Reduction Plan? D Yes D No

Funding level for this acquisition: D >SAT and ~ $?SOK ~ > $?SOK and ~ $1 SM

Contracting Activity: 6th Contracting Squadron (6 CONS)/PKB

Purchase Request / Local ID Number:

Program / Project (and PE, if applicable): UPS Maintenance USCENTCOM

Program Type (PEO or Other Contracting): Other Contracting

Authority: [gj AF FARS 5313.501 - 1 0 U.S.C. 3572, Implementation of Simplified Acquisition Procedures (41 U.S.C. 1901)

D AFFARS 5313.501 - 10 U.S.C. 3403, Special Emergency Procurement Authority (41 U.S.C. 1903)

Estimated Contract Cost (including options): - Justification Type: D Class [gl Individual

COORDINATION ( AFFARS S306.304(all

Date Project Lead/ Program Mgr / Requiring Activity Signature

22 Jan 2025

Date Contracting Officer

22 Jan 2025

RUSSELL T. BEASLEY

6 CONS/ PKB, 813-828-4728

Date Local Legal Reviewer

OS Feb 2025

Date

07 Apr2025

Date Installation Competition Advocate/ Chief of

Contracting Office

08 Apr2025

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Sole Source (Including Brand Name) Justification - Simplified Procedures for Certain Commercial Items

APPROVAL (AFFARS 5306.304(a))

Date Signature

Director of Contracting, Ol-AMC 08 Apr 2025 Air Force Installation Contracting Center (AFICC)

Alternate Command Competit ion Advocate (AMC)

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I. Contracting Activity.

6th Contracting Squadron (6 CONS)/PKB

2610 Pink Flamingo Ave., Suite 300

MacDill AFB, FL 33621

II. Nature and/or description of the action being processed.

The 6th Contracting Squadron will use the procedures in FAR 13.5 to award a firm-fixed price purchase order to Florida Critical Power, 3016 3d Street, #202, Jacksonville, FL 32250, a small business. The contract will have a one-year base period of performance beginning 1 June 2025 and four one-year option periods with a completion date of 31 May 2030.

CLIN Description Qty UOI Extended Total

Base Year (6/1/2025 - 5/31/2026)

0001 Uninterruptible Power Supply (UPS) 4 Each

Quarterly Preventative maintenance (PM)

0002 PM & Emergency Repair (ER) 1 Job

Component Parts & Battery Replacement

0003 Life Cycle Replacement of Batteries, 1 Job

Capacitors & Fans

Option Year 1 (6/1/2026 - 5/31/2027)

1001 UPS Quarterly Preventive maintenance 4 Each

1002 PM & Emergency Repair (ER) 1 Job

Component Parts & Battery Replacement

1003 Life Cycle Replacement of Batteries, 1 Job

Capacitors & Fans

Option Year 2 (6/1/2027 - 5/31/2028)

2001 UPS Quarterly Preventive maintenance 4 Each

2002 PM & Emergency Repair (ER) 1 Job

Component Parts & Battery Replacement

2003 Life Cycle Replacement of Batteries, 1 Job

Capacitors & Fans

Option Year 3 (6/1/2028 - 5/31/2029)

3001 UPS Quarterly Preventive maintenance 4 Each

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3002 PM & Emergency Repair (ER) 1 Job

Component Parts & Battery Replacement

3003 Life Cycle Replacement of Batteries, 1 Job

Capacitors & Fans

Option Year 4 (6/1/2029 - 5/31/2030)

4001 UPS Quarterly Preventive maintenance 4 Each

4002 PM & Emergency Repair (ER) 1 Job

Component Parts & Battery Replacement

4003 Life Cycle Replacement of Batteries, 1 Job

Capacitors & Fans

Services will be funded annually with Operations and Maintenance funds (3400).

III. Description of supplies/services required to meet agency needs.

U.S. Central Command (USCENTCOM) requires the contractor to furnish all transportation, labor, tools, equipment, Original Equipment Manufacturer (OEM) parts, materials, supplies, technical data/ manuals, checklists, written procedures, software and services necessary to perform Preventative Maintenance (PM), Emergency Repair (ER), Life Cycle Replacement (LCR), Battery Replacement and Testing of various EATON Powerware Uninterruptible Power Supply (UPS) systems. The UPS in Bldg 570 and 3541 are manufactured by EATON Corporation. All work shall be in accordance with (IAW) manufacturer's instructions and by factory trained and certified technicians. The contractor shall have factory trained and certified technicians with experience on EATON Powerware 9395-825 w/Hot-tie and 9395-275 UPS being serviced. These are highly complex systems that have proprietary software and components and EATON Corp will only provide the required engineering and technical services to their authorized distributors. USCENTCOM also requires the contractor to provide on-site support no later than two hours after notification that emergency repair is needed and emergency customer service available 24 hours a day, 7 days a week.

IV. Statutory authority permitting other than full and open competition.

10 U.S.C. 3572, Implementation of Simplified Acquisition Procedures (41 U.S.C. 1901)

V. Demonstration that the contractor's unique qualifications or nature of the acquisition requires the use of the authority cited above (applicability of authority).

Due to the contractual relationship between Florida Critical Power, LLC (FCP) and EATON Corporation, FCP is the only source which can support CENTCOM's UPS emergency repair and maintenance requirement. FCP is Eaton's sole authorized Agent for all UPS service in Central Florida and the only provider close enough to support the response time for emergency repair. FCP has customer service engineers located throughout Florida and can meet the two hour emergency on-site response time requirement. Eaton badged employees are the only technicians authorized

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March 2023 CONTROLLED UNCLASSIFIED INFORMATION Page 5 of 7March 2023 CONTROLLED UNCLASSIFIED INFORMATION Page 5 of 7 to service USCENTCOM's Eaton three phase UPS equipment and FCP is the only vendor able to provide Eaton badged technicians as their sole authorized agent. FCP has access to proprietary Eaton parts and information and is the only vendor which can directly subcontract the EATON badged engineers and technicians required to mitigate loss of mission in the event of a repair, emergency or routine.

Award to any other source would result in unacceptable delays in fulfilling CENTCOM's requirements as demonstrated in the two previous attempts to compete the requirement to obtain UPS Maintenance & Emergency Repair Services. In Aug 2015, FA481415D0012 was competitively awarded to DC Group, LLC. DC Group failed to repair Bldg 570 UPS which resulted in mission loss and government information technology (IT) equipment damage due to their inability to obtain an Eaton badged technician or subcontract with Eaton. 6 CONS had to award a separate contract for emergency repair service to FCP to repair CENTCOM Headquarters' UPS. In addition, the same situation took place when FA481417DBC02 was competitively awarded to South Florida Critical Power (SFCP) on Sept 2017 whose approach included subcontracting to Eaton when necessary to utilize the Eaton's proprietary software. However, subsequent to award, it was discovered that EATON would not subcontract with SFCP and they were not able to perform several inspection/ maintenance functions because Eaton would not provide SFCP access to their proprietary software.

This resulted in 6 CONS awarding a separate Sole Source Time and Materials (T&M) contract to Eaton in Jun 2018. The criticality of the UPS systems at CENTCOM; which directly impacts CENTCOM's mission and protects over $100M worth of C4I mission critical equipment and $4M worth of UPS equipment, requires capable EATON authorized technicians to repair, maintain and service CENTCOM's EATON UPS systems.

On May 2020, FA481420Q0005 was awarded as a sole source to FCP for a base year and 4 option years with a PoP of 1 June 2020 through 31 May 2025. FCP has performed successfully with no mission loss or government IT damage. They have also met the required response time for emergency maintenance.

On 5 December 2024, an email was sent to Eaton asking for them to confirm if FCP is still the only Eaton-authorized service representative for the Tampa Bay Region. Eaton responded stating, "Florida Critical Power is our Eaton service representative exclusively covering the Tampa / Central Florida region."

In addition, replacing the entire Eaton UPS system or even a portion of the system with another brand of equipment is not an option. The switching cost for a complete replacement would require over $4 million dollars just to replace the units and that doesn't include the cost of system downtime and/or power fluctuations that could lead to equipment destruction or data loss.

Replacing parts of the Eaton system with another brand is not feasible. USCENTCOM's current system is complex, highly customized, and tuned to work as one system. The equipment it supports is sensitive IT equipment that cannot handle power fluctuations. Introducing a non-Eaton UPS to the system would pose a risk to the entire system due to compatibility issues.

VI. Description of efforts made to ensure that offers are solicited from as many potential sources as practicable.

Due to Eaton's proprietary UPS systems, Florida Critical Power will continue to be the sole source for this requirement unless Eaton agrees to support third-party service providers or resellers without Eaton-badged employees. 6 CONS confirmed FCP is still Eaton's only authorized service representative in the Tampa Bay Region. 6 CONS twice awarded this service to other third-party

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March 2023 CONTROLLED UNCLASSIFIED INFORMATION Page 6 of 7March 2023 CONTROLLED UNCLASSIFIED INFORMATION Page 6 of 7 vendors who purported to be able to work on the Eaton equipment. Both vendors failed to perform because they were unable to obtain part and proprietary information needed to service and repair the Eaton equipment. One failure resulted in mission interruption and over $250K in damaged CISCO switches, Audiovisual (AV) control units and UPS repairs. Eaton refused to work with the awardees for liability reasons.

A review of SAM.gov revealed several agencies which have procured Eaton UPS maintenance as a sole source due to the proprietary Eaton software and parts. These agencies include the Department of Veterans Affairs contract number 36C25525P0075 and the Department of the Navy SAM Notice ID N0018925X0001.

VII. Determination by the Contracting Officer that the anticipated cost to the Government will be fair and reasonable.

It is anticipated that the cost to the Government will be determined to be fair and reasonable based on price analysis using the comparison of the proposed price with historical prices paid, analysis of data other than certified cost or pricing data, comparison to an independent Government estimate IAW FAR 13.106-3(a)(2)(ii),(vi) & (vii) and negotiations directly with the contractor (if necessary).

VIII. Description of the market research conducted and the results, or a statement of the reasons market research was not conducted.

Market research consisted of reviewing historical data, past purchases, and SAM.gov. In addition, Eaton was contacted on 5 Dec 2024 to verify if FCP was still Eaton's sole authorized Agent for all UPS service in Central Florida, and if Eaton badged employees are still the only technicians authorized to service Eaton three phase UPS equipment. Eaton confirmed that was correct and that FCP is their Eaton service representative exclusively covering the Tampa / Central Florida region.

IX. Any other facts supporting the use of Other Than Full and Open Competition.

N/A

X. List of any sources that expressed, in writing, an interest in the acquisition.

Florida Critical Power is the only authorized vendor to support this services as confirmed by the OEM, Eaton.

XI. A statement of the actions, if any, the agency may take to remove or overcome any barriers to competition before making subsequent acquisitions for the supplies or services required.

Unless USCENTCOM replaces the entire Eaton UPS system, Eaton changes its stance on partnering with resellers without Eaton-badged technicians, or changes its stance on not subcontracting to third-party vendors, FCP will continue to be the sole source for this requirement. Prior to each future contract, market research will be conducted and Eaton will be contacted to determine if there are other sources authorized to perform the required services. IAW FAR 13.501(a)(iii), this

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Justification will be posted to SAM within 14 days after contract award.

XII. Certification by the Contracting Officer.

As evidenced by my signature above, I have determined this document to be both accurate and complete to the best of my knowledge and belief.

XIII. Certification by the technical/requirements personnel.

As evidenced by my signature above, I certify that any supporting data contained herein, which is my responsibility, is both accurate and complete.

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