140R3026Q0082_WBR-1408_405_Limited-Sources-J-and-A_FAR_8_Redacted_1.pdf
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- Attached to
- YAO Building HVAC Control System Upgrades
- Solicitation number
- 140R3026Q0082
About this file
This is a Limited Sources Justification and Approval document for a federal contract order established under the General Services Administration (GSA) Federal Supply Schedule (FSS) program.
The U.S. Department of the Interior, Bureau of Reclamation (Reclamation), Lower Colorado Basin, is pursuing a sole source contract with Johnson Controls Building Solutions, LLC (UEI: WE3GES317KN9) to upgrade the HVAC system at the Yuma Area Office (YAO). The specific requirement involves upgrading existing York controllers with new Johnson Controls BACnet MSTP controllers, with a 90-day performance period from receipt of order. The justification cites GSAR 538.7104-3(b)(1)(ii) as the authority, establishing that only one source is capable of providing the required products and services due to their unique or highly specialized nature. Johnson Controls is identified as the exclusive manufacturer and authorized distributor of York Talk Control Systems, retaining sole control over technical data, configuration files, proprietary software, and certified maintenance personnel. The document notes that non-certified work would void warranties and compromise system functionality, and that no resellers or third-party firms are authorized to provide these services. Services are available exclusively through GSA Schedule GS-07F-190CA. The justification includes market research findings, best value determination based on GSA's prior fair and reasonable pricing assessments, and confirmation that no actions can be taken to overcome barriers to competition. The document requires certification from the Contracting Officer and Chief of the Contracting Office (for actions exceeding $350,000) and Bureau Competition Advocate review (for actions exceeding $900,000).
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Text version
Solicitation or Award Number: 140R3026Q0082 Page 2 of 4
WBR 1408.405 - Template 1 eFile - B02
(04/2021)
A. Proposed Contractor Name. Johnson Controls Building Solutions (Johnson Controls), LLC, 5757 N Green Bay Ave #X81, Milwaukee, WI, 53209 (UEI: WE3GES317KN9).
B. Rationale Supporting the Circumstance to Limit Sources. The requirement may only be satisfied by a single responsible source due to the proprietary nature of the equipment installed at the Yuma Area Office (YAO). The existing facility HVAC infrastructure utilizes York Talk Control Systems manufactured exclusively by Johnson Controls. Johnson Controls is the sole source manufacturer and authorized distributor of York Talk Controls and retains exclusive rights to the technical data, configuration files, and proprietary software necessary to service, maintain, or upgrade this system.
Johnson Controls is the only authorized source capable of servicing York Talk Control Systems. Only Johnson-Controls-certified technicians may perform maintenance or upgrades, and any work by non-certified personnel would void warranties and jeopardize system functionality. Johnson Controls does not authorize resellers or third-party firms to provide their proprietary products or services. These required services are available solely through GSA Schedule GS-07F-19CA, and due to Johnson Controls� exclusive control over all service rights, components, and certified labor, no other vendor can meet the Government�s technical or quality requirement.
5. Best Value Determination (FAR 8.405-6(c)(2)(v)). GSA has already determined the prices of supplies and fixed price services, and rates for services offered at hourly rates, schedule contracts to be fair and reasonable. However, a price evaluation will be conducted to determine the appropriate level of effort or mix of labor categories. A price analysis will also be performed for Order Level Materials (OLM) and Open Market Items to determine price reasonableness.
6. Description of Market Research (FAR 8.405-6(c)(2)(vi)). Currently facilities maintenance and management support and total solution support products for facilities management systems are available through Johnson Controls� Federal Supply Schedule GS-07F-190CA.
Authority Circumstance It is necessary to place the order with a particular
FSS contractor to satisfy a minimum guarantee established in the FSS BPA
GSAR 538.7104-3(b)(v) A law expressly authorizes or requires that the purchase be made from a specified source.
Solicitation or Award Number: 140R3026Q0082 Page 3 of 4
(04/2021)
7. Any Other Supporting Facts (FAR 8.405-6(c)(2)(vii)). None
8. Actions Taken to Remove or Overcome Barriers to Restricted Consideration (FAR 8.405-6(c)(2)(viii)). At this time there is nothing that is or can be done to overcome barriers to competition. These services and products are only available through Johnson Controls.
PREPARED BY:
INDEPENDENT REVIEW BY:
CONTRACTING OFFICER (CO) CERTIFICATION (All Values)
This justification is accurate and complete to the best of my knowledge and belief.
Solicitation or Award Number: 140R3026Q0082 Page 4 of 4
(04/2021)
CHIEF of the CONTRACTING OFFICE CONCURRENCE (CCO) DOI-AAAP-0024, and
WBR 1408.4): (> $350K)
BUREAU COMPETITION ADVOCATE: (> $900K)
File details come from the government source that posted it. Updated .