Leibert Sole Source-Name Brand Only Determination Under SAT FAR Part 13 Procedures.pdf

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Attached to
Uninterruptible Power Supply (UPS) systems and maintenance
Solicitation number
W912NR26QA026
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This is a Simplified Acquisition Procedures (SAP) Determination Memorandum for a sole source acquisition under Federal Acquisition Regulation (FAR) 13.106-3(b)(3)(i).

The Louisiana Army National Guard DPI is procuring preventative maintenance services and parts for multiple government-owned Liebert Uninterruptible Power Supply (UPS) systems that provide uninterrupted power to the IT environment. The procurement is designated as a brand name buy for Liebert UPS systems and is classified as an Operations & Maintenance (O&M) funded acquisition under Purchase Request Number 0012473707. The contracting officer, Crystal L. Stiles, has determined that only Liebert-certified technicians are capable of performing the required maintenance services. The justification cites critical operational risks associated with using non-certified technicians, including potential system downtime, inadequate repairs and maintenance, incompatibility issues with non-brand parts, and total system failure. The memorandum notes that while competition is not an issue due to the availability of many contractors capable of providing brand-specific service and parts, the sole source determination is warranted to ensure system reliability and mitigate unacceptable risks to these critical infrastructure systems. The determination was digitally signed by Contracting Officer Crystal L. Stiles on June 9, 2020.

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Simplified Acquisition Procedures (SAP)

DETERMINATION MEMORANDUM FOR SOLE SOURCE ACQUISITIONS

OVER THE MICRO-PURCHASE THRESHOLD BUT NOT EXCEEDING

THE SIMPLIFIED ACQUISITION THRESHOLD

FAR 13.106-3(b)(3)(i)

SOLICITATIONS MAY BE LIMITED TO ONE SOURCE ONLY IF THE CONTRACTING OFFICER DETERMINES THAT ONLY ONE SOURCE IS REASONABLY AVAILABLE. WHEN THE CUSTOMER DESCRIBES AN ITEM OR SERVICE, WHICH LIMITS THE AVAILABILITY TO ONE SOURCE, THE DETERMINATION MUST EXPLAIN WHY

THE ITEM OR SERVICE PROVIDER IS THE ONLY ONE THAT WILL MEET THE GOVERNMENT'S

REQUIREMENT. STATEMENTS SUCH AS "ONLY KNOWN SOURCE" OR "ONLY SOURCE WHICH CAN MEET THE REQUIRED DELIVERY DATE" ARE INADEQUATE TO SUPPORT A SOLE SOURCE PURCHASE. THIS FORM MAY BE USED IN LIEU OF THE DETERMINATION DESCRIBED IN FAR 13.106. THE CUSTOMER SHALL

PROVIDE THE FOLLOWING INFORMATION:

1.PURCHASE REQUEST NUMBER 2. ESTIMATED AMOUNT:

BRAND

NAME BUY

YES

NO

NAME/CAGE CODE OF PROPOSED CONTRACTOR Fund Type

O&M

NGREA

OTHER

3. BRIEF DESCRIPTION OF SUPPLIES OR SERVICES REQUIRED AND THE INTENDED USE:

4. UNIQUE CHARACTERISTICS THAT LIMIT AVAILABILITY TO ONLY ONE SOURCE, WITH

THE REASON NO OTHER SUPPLIES OR SERVICES CAN BE USED:

5. MARKET RESEARCH:

6. PROVIDE A STATEMENT OF ACTIONS, IF ANY, THE GOVERNMENT MAY TAKE TO

REMOVE OR OVERCOME ANY BARRIERS TO COMPETITION BEFORE FUTURE

ACQUISITIONS ARE REQUIRED:

I CERTIFY THAT THIS JUSTIFICATION IS ACCURATE AND COMPLETE TO THE BEST OF

MY KNOWLEDGE AND BELIEF, AND THAT COMPLETING THIS PURCHASE AS A SOLE

SOURCE IS IN THE BEST INTEREST OF THE GOVERNMENT. ADDITIONALLY, I APPROVE

THIS JUSTIFICATION TO LIMIT COMPETITION SUBJECT TO THE AVAILABILITY OF FUNDS

AND PROVIDED THAT THE SERVICES OR SUPPLIES HEREIN DESCRIBED HAVE

OTHERWISE BEEN AUTHORIZED FOR ACQUISITION.

7a. CONTRACTING OFFICER NAME 7b. CONTRACTING OFFICER SIGNATURE

fc-int01-generateAppearances:
_8b_ Contracting Officer Signa_0bSidIe1ipW-y3oKOPYKlw:
_8a_ Contracting Officer Name_EhfO5fRSaqoeOrU7Lx4ugw: CRYSTAL L. STILES
_7_ PROVIDE A STATEMENT OF ACT_dWWFyKo3zgQ-e71MSrA2mA: Competition is not an issue, as many contractors are capable of providing Name Brand specific service and parts.
_5_ PROVIDE A STATEMENT OF ACT_xMsHeIbKfGYdZx*NQZBzkg: This request is brand name specific because extended services utilizing Liebert certified technicians and parts mitigate significant risk to these critical systems. Any other certified technicians will lead to unacceptable risks, such as, downtime and inadequate repairs and maintenance. Parts that are not brand name to the government owned Liebert systems, both bench stock and ordered parts, lead to unacceptable risk, such as, incompatibility and total system failure.
_4_ UNIQUE CHARACTERISTICS THA_fxPS18NzthbsRqqrY5h47Q: The Louisiana Army National Guard DPI is requesting that vendors have Liebert certified technicians to work on multiple government owned Liebert UPS systems. Preventative maintenance will follow the current Liebert prescribed inspection checklist for the applicable unit and anything covered in the manufacturer's specifications. When technicians see a need to replace parts, the requirement shall be brand name to the government owned Liebert systems. The vendor must have appropriate Liebert bench stock replacement parts on hand.
_3_ BRIEF DESCRIPTION OF SUPPL_UM33PhqLHArLIQSUjN*Zfw: The government currently owns Liebert UPS systems; the UPS systems are responsible for providing an uninterrupted power supply to our IT environment.
Fund Type_edit;_vgmgoyByaX6rAkWYYmjkIw:
Fund Type_vgmgoyByaX6rAkWYYmjkIw: O&M
Name and CAGE code of Proposed_lW1Kx6QXH9C5bl0Mqo1Omw: Liebert UPS systems
Brand Name Buy_xnvHRHzmWAZDjTpbuUVc3g: Yes
_2_ ESTIMATED AMOUNT:_akGYMKSceUKLCvn4Y1b2tw:
_1_PURCHASE REQUEST NUMBER_h9vT5LXe**ASP7p7e0RWEg: 0012473707
2026-09-02T13:30:17-0500
STILES.CRYSTAL.LYNN.1245308015

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