B09 - Amendment4Atch24BrandNameJustification_0004.pdf

JUSTIFICATION AND APPROVAL FOR OTHER THAN FULL AND OPEN COMPETITION

Over $150,000 (FAR 6.303-2)

PR Number 0040474518

1. Identification of the Agency and the Contracting Activity:

National Park Service, Missouri MABO

2. Nature and/or Description of the Action Being Approved:

HVAC Replacement at FOSM

3. A Description of the Supplies or Services Required to Meet the Agency’s Needs, Including the Estimated Value:

Heat Pump Description: Packaged water-source unitary heat pump with temperature controls, refrigerant-to-water heat exchangers, refrigeration circuits, and refrigeration compressor(s); factory assembled, piped, wired, tested, and rated according to ASHRAE/ARI/ISO-13256-1.

Controllers Description: Park has an existing TRANE Tracer BACnet Direct Digital Control (DDC) System for HVAC. DDC System consists of a combination of network controllers, programmable application controllers, and application-specific controllers that perform monitoring, control, energy optimization and other HVAC requirements.

Estimated Value: $122,234 (direct cost not including markups) – See attached estimate as pulled from the IGE created by the A&E contractor. See highlighted line items on pages 26 and 27 of cost estimate.

4. An Identification of the Statutory Authority Permitting Other Than Full and Open Competition:

FAR 6.302-1 – Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements. Specifically, 6.302-1(c), Brand Name Items.

5. A Demonstration That the Proposed Contractor’s Unique Qualifications or the Nature of the Acquisition Requires Use of the Authority Cited:

The acquisition is for the removal and replacement of a portion of the HVAC system at Fort Smith National Historic Site. There are a substantial number of heat pump units that are to be reused or to remain in place and connect to the new system being installed. The existing heat pumps and controller brand is Trane. Trane products work the best, most efficient and trouble free when connected with other Trane units. Also, the maintenance and trouble shooting of a single brand is less time consuming, more accurate within the controller system and when using the BACnet Direct Digital Controller. In order to maintain system continuity and optimize compatibility with existing system components to remain in place, it is recommended that the replacement heat pumps and new control system devices be Trane brand products meeting the project specifications. Trane has also been noted as manufacturer due to replacement units needing to fit dimensionally in location as existing units.

6. A Description of Efforts Made 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:

The solicitation was synopsized, and the solicitation released on 8 July 2020.

7. A Determination By the contracting officer That the Anticipated Cost to the Government Will Be Fair and Reasonable:

The anticipated cost is expected to be fair and reasonable based on the competition expected from the advertisement of the solicitation in beta.sam.gov. The required Brand Name items is restricted to the new heat pumps and the associated controllers. The award is based on the lowest priced lumped sum amount and a cost comparison or analysis is not expected to be used.

8. A Description of the Market Research Conducted (see FAR Part 10) and the Results or a Statement of the Reason Market Research Was Not Conducted:

Information provided by the A&E while doing the specifications and drawings: The A&E identified Trane brand heat pumps as basis of design products when developing the project specifications and drawings due to optimized system compatibility, installation and future ease of system operation and maintenance.

9. Any Other Facts Supporting the Use of Other Than Full and Open Competition (see FAR 6.302- 2 (9) (i) – (iii) for some examples):

The cost of changing all heat pump units, to include the units to be reused, to a single brand to ensure compatibility, efficiency, less maintenance and troubleshooting issues is cost prohibitive.

It is known that mixing brands within a facility does cause the units to be less efficient and within certain brand combinations, not all controller options are available. Considering the park already has a Trane controls system and several heat pumps in place that are planned for retainage due to their generally good condition it stands to reason there is a significant cost savings in keeping these items instead of unnecessarily replacing them. Although the existing BACnet platform can allow for integration of different manufacturer products, it has been recommended by the A&E to keep as much manufacturer consistency as possible within the HVAC system. In particular it has been recommended that all new heat pumps and all new control system devices be Trane brand products. Maintaining this consistency will provide the required system performance and minimize control system conflicts and complications likely to result from the installation non-Trane brand heat pumps and control system devices. Space restrictions exist for a number of replacement units and requiring Trane units provides similar dimensions and pipe/duct connections, ensuring minimal impact on existing construction during the replacement process. Future cost savings are also a likely benefit of requiring Trane heat pumps and controls as the long-term maintenance and operation of a mixed manufacturer system will require additional troubleshooting and repairs. In addition, control system complications can result from substandard HVAC system performance a negative impact on the historic structure and museum.

10. A Listing of the Sources, If Any, That Expressed in Writing, an Interest in the Acquisition:

Currently the MABO does not keep such a listing, but the site visit has shown a high interest in this project. The Site visit list is attached.

11. A Statement of the Actions, If Any, the Agency May Take to Remove or Overcome Any Barriers to Competition Before Any Subsequent Acquisition for the Supplies or Services Required:

In this case, only a portion of the units had to be replaced and not all the units. The only solution available is the replacement of all units to a single brand. That was not cost effective in this project as several of the units have a service life left and would be in the best interest of the Government to keep these units.

ATTACHMENT 1

JUSTIFICATION & APPROVAL FOR OTHER THAN FULL AND OPEN COMPETITION

12. Certification:

I certify that any supporting data that is the responsibility of technical or requirements personnel (i.e. verifying the Government’s minimum needs or schedule requirements or other rationale for other than full and open competition) and which form a basis for the justification have been certified as complete and accurate:

(Signature)________________________________________ (Date) _______________________ (Type or Print Name): David Wilson (Title): Project Manager

I certify that the justification is accurate and complete to the best of my knowledge and belief:

8/5/20

(Signature) _______________________________________ (Date) _______________________

(Type or Print Name): Michael Schreiber Contracting officer

Reviewed for Legal Sufficiency by Solicitor’s Office (over $500,000 or as requested):

(Type or Print Name): _________________________________________________ Attorney-Advisor

ATTACHMENT 1

JUSTIFICATION & APPROVAL FOR OTHER THAN FULL AND OPEN COMPETITION

Reviewed/Concur/Approved by: (if applicable)

(Type or Print Name): George Sievers Regional or Center Chief of Contracting

Approved by: (if applicable)

(Signature) _______________________________________ (Date) ______________________

Bureau Competition Advocate

Approved by: (if applicable) (Signature) _______________________________________ (Date) ______________________

Head of the Contracting Activity