P03 Redacted FAR8 LSJ Rev1 OverSAT Simplex JCFP WB.pdf

VHAPG Part 808.405-6 Limiting Sources Page 1 of 5 Revision: 01 Effective Date: 09/01/2024 Acquisition ID#: _

LIMITED SOURCES JUSTIFICATION

ORDER >SAT

FAR PART 8.405-6

Acquisition Plan Action

(1) Contracting Activity: Department of Veterans Affairs, Network Contracting Office 04 Services 2, in support of the VISN 04 Wilkes-Barre VA Medical Center at 1111 East End Blvd, Wilkes-Barre, PA 18711. PR:

(2) Description of Action: This acquisition is conducted under the authority of the Multiple- Award Schedule Program (41 U.S.C. 152(3) and 40 U.S.C. 501). This acquisition is for ongoing maintenance and inspection of the Simplex fire alarm system installed at the Wilkes-Barre VA Medical Center and is a follow-on order to 47QSHA23D0018 36C24424F0450 which was awarded to Johnson Controls Fire Protection on a sole-source basis.

Order against: FSS Contract Number: _47QSHA23D0018 _

Name of Proposed Contractor: JOHNSON CONTROLS FIRE PROTECTION LP

Street Address: 6600 CONGRESS AVE

City, State, Zip: BOCA RATON, FL 33487

Phone:

(3) Description of Supplies or Services:

The estimated value of the proposed action is $ 705,401.85

The Contractor shall provide a full-service maintenance, testing, and inspection services to meet the applicable NFPA codes and VHA requirements on the Simplex fire alarm system and fire suppression systems installed at the Wilkes-Barre VA Medical Center (WBVAMC). The WBVAMC has fire alarm and suppression systems in Buildings #1, 2, 3, 5, 6, 7, 8, 11, 12, 17, 35, 42, 45, the pole barn storage building, the pump/generator houses, and the community living center (bldg#27). The maintenance plan being purchased will maintain the active parts and service warranty on the system, and ensure the fire suppression system integrated with the Simplex fire alarm system is properly inspected and functional.

The resulting contract will be for a base period of one year, with four one-year option periods to extend the period of performance.

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(4) Identify the Authority and Supporting Rationale (see below and if applicable, a demonstration of the proposed contractor’s unique qualifications to provide the required supply or service.

FAR 8.405-6(a)(1)(A): An urgent and compelling need exists and following the ordering procedures would result in unacceptable delays:

FAR 8.405-6(a)(1)(B): Only one source is capable of providing the supplies or services required at the level of quality required because the supplies or services are unique or highly specialized;

The Simplex fire alarm system installed at the Wilkes-Barre VAMC main facility is manufactured by Johnson Controls Fire Protection and is a proprietary system. No other vendor is authorized to perform service or maintenance on the Simplex system, and if unauthorized services were performed, the warranty provided by the current maintenance plan for parts/services would be void. Only factory trained technicians are authorized to perform maintenance and inspections on the Simplex system and as the manufacturer, Johnson Controls Fire Protection is the only vendor with factory trained technicians.

FAR 8.405-6(a)(1)(C): In the interest of economy and efficiency, the new work is a logical follow-on to an original Federal Supply Schedule order provided that the original order was placed in accordance with the applicable Federal Supply Schedule ordering procedures. The original order must not have been previously issued under sole source or limited source procedures.

FAR 8.405-6(b): Items peculiar to one manufacturer:

A patent, copyright or proprietary data limits competition. The proprietary data is:

These are “direct replacements” parts/components for existing equipment.

The material/service must be compatible in all aspects (form, fit and function) with existing systems presently installed/performing.

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(5) Describe Why You Believe the Order Represents the Best Value consistent with FAR 8.404(d) to aid the contracting officer in making this best value determination:

The requested services are offered on the recommended vendor’s GSA schedule. GSA has already determined the rates services under schedule contracts to be fair and reasonable. The ordering activity has requested additional discounts IAW FAR 8.405-4.

The alternative to sole sourcing these services to Johnson Controls Fire Protection would be purchasing and installing a new fire alarm and security system for the entirety of the Wilkes- Barre VAMC and reintegrating the fire suppression system at great time and monetary expense.

The maintenance of any such system would likely require specially trained personnel, potentially with only one source available if similar to the existing Simplex system. It is not reasonable to replace the Simplex fire alarm system, and ordering these services for maintenance and inspections from Johnson Controls Fire Protection provides the best value to the government.

(6) Describe the Market Research Conducted among schedule holders and the results or a statement of the reason market research was not conducted.

Market research was conducted using available resources. A search of GSA eLibrary identified MAS 561210 as most relevant, and a follow up search using the keyword “simplex” provided 4 results, of which only Johnson Controls Fire Protection was capable.

Searches performed on FPDS and AddsUp by using the same keyword and results show similar contracts for repairs and service of the Simplex fire alarm system have been historically sole sourced to Johnson Controls Fire Protection. Other searches were performed on the SBA’s DSBS portal and VIP, but no other businesses were identified as capable.

Johnson Controls Fire Protection submitted a sole source letter identifying themselves as proprietary rights holder for the Simplex brand fire alarm systems, and the sole manufacturer/distributer. Research conducted on the Simplex brand system supports Johnson Controls Fire Protection’s statement. The components of the Simplex fire alarm system are currently covered under warranty, and utilizing any non-authorized vendor would result in voiding the warranty and potentially damaging the system or programming at great expense to the government.

(7) Any Other Facts Supporting the Justification:

N/A

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(8) A Statement of the Actions, if any, the agency may take to remove or overcome any barriers that led to the restricted consideration before any subsequent acquisition for the supplies or services is made:

If the replacement of the entire Simplex fire alarm system is required or should the cost of repairing or maintaining the existing system outweigh the cost of obtaining a new fire alarm system, the proprietary nature of the Simplex system would not be a limiting factor in obtaining competition and the requirement could be solicited. It will be evaluated whether competition is feasible on and future repairs or maintenance of the Simplex fire alarm system.

(9) Requirements Certification: I certify that the requirement outlined in this justification is a Bona Fide Need of the Department of Veterans Affairs and that the supporting data under my cognizance, which are included in the justification, are accurate and complete to the best of my knowledge. I understand that processing of this limited sources justification restricts consideration of Federal Supply Schedule contractors to fewer than the number required by FAR Subpart 8.4.

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(10) Approvals in accordance with the VHAPM Part 806.3 OFOC SOP:

a. Contracting Officer’s Certification (required): I certify that the foregoing justification is accurate and complete to the best of my knowledge and belief.

b. One Level Above the Contracting Officer (Required over the SAT but not exceeding $750K):

I certify the justification meets requirements for other than full and open competition.