ConServ Sole Source_Redacted.pdf

Part 806.3 Other Than Full and Open Competition (OFOC) Request for Sole Source Justification Format

Rev: 13 Effective Date: 02/01/22 Page 1 of 3

DEPARTMENT OF VETERANS AFFAIRS

Justification and Approval (J&A) For

Other Than Full and Open Competition

Acquisition Plan Action ID: 36C250-22-AP-3634

1. Contracting Activity: Department of Veterans Affairs, VISN 10, Richard L. Roudebush VA Medical

Center (RLRVAMC), 1481 W. 10th Street, Indianapolis, IN 46202. Network Contracting Office (NCO) 10 Contracting. 2237/PR is 583-22-3-651-0015

2. Nature and/or Description of the Action Being Processed: Emergency preparedness of the facility will be improved by the construction of a 500,000-gallon water tower and associated pump house.

These systems will be used in case of an emergency to supply water to the facility for a maximum of 2-days if the normal potable water source is interrupted.

3. Description of Supplies/Services Required to Meet the Agency’s Needs: The RLRVAMC operates a complex computerized building management system to execute its mission of delivering the highest quality of health care to our nation’s veterans. The building’s management system (BMS) has been subject to a systematic technology upgrade, both to replace outmoded equipment no longer supported by the manufacturer, Johnson Controls, and to expand the capabilities of the system in support of energy conservation initiatives as mandated by EO 13423 and EISA 2007. As of this time, the BMS is Facility Explorer manufactured by Johnson Controls Inc, JCI. This is an open protocol system capable of accepting numerous communication protocols to enable expansion of the system to include new equipment and devices.

ConServ, Inc. is the contractor that has the proprietary training and conducts the computerized BMS upgrades and system integration for the RLRVAMC.

4. Statutory Authority Permitting Other than Full and Open Competition:

( X ) (1) Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements per 41 USC §3304(a)(1) as implemented by FAR 6.302-1;

( ) (2) Unusual and Compelling Urgency per 41 USC §3304(a)(2) as implemented by FAR 6.302-2;

( ) (3) Industrial Mobilization, Engineering, Developmental or Research Capability or Expert Services per 41 USC §3304(a)(3) as implemented by FAR 6.302-3;

( ) (4) International Agreement per 41 USC §3304(a)(4) as implemented by FAR 6.302-4 ( ) (5) Authorized or Required by Statute per 41 USC §3304(a)(5) as implemented by FAR 6.302-5;

( ) (6) National Security per 41 USC §3304(a)(6) as implemented by FAR 6.302-6;

( ) (7) Public Interest per 41 USC §3304(a)(7) as implemented by FAR 6.302-7;

5. Demonstration that the Contractor’s Unique Qualifications or Nature of the Acquisition Requires the Use of the Authority Cited Above (applicability of authority): The RLRVAMC operates a complex computerized building management system to execute its mission of delivering the highest quality of health care to our nation’s veterans. The VAMC requires services of a contractor to provide configuration, customized software development and integration services in support of the

Effective Date: 02/01/22 Page 2 of 3

Medical Center’s unique and specific Johnson Controls Facility Explorer software system to include file conventions, scheduling protocols, existing code standards, engineering and design of sequences of operation, and conversion phase management. In emergency situations VAMC requires contractors to be available to provide services in 30 minutes or less. Accordingly, based on past experience at the RLRVAMC by the Government’s technical experts, ConServ, Inc is the only firm capable of providing the supplies and services described in this section without the Veteran’s Health Administration experiencing substantial duplication of cost that could not be expected to be recovered through competition and unacceptable delays in fulfilling its requirements.

6. Description of Efforts Made to ensure that offers are solicited from as many potential sources as deemed practicable: Only contractors that are trained and provided Johnson Controls accreditation are able to work on the BMS system. ConServ is that company.

7. Determination by the CO that the Anticipated Cost to the Government will be Fair and

Reasonable: The Contracting Officer will ensure through the use of price analysis techniques, such as comparison against the independent Government estimate and other price analysis techniques identified in FAR 15.404-1(b), that the price will be fair and reasonable.

8. Description of the Market Research Conducted and the Results, or a Statement of the Reasons Market Research Was Not Conducted: In past open source solicitations for building management systems within the last 36 months, market research, in accordance with FAR Part 10, was conducted by synopsis of the proposed acquisition, advising industry of the pending acquisition and soliciting inquiries from interested parties. In those cases, two vendors expressed interest, and a subcontract was awarded to the other vendor, Johnson Controls, and not to ConServ. As that building was constructed, the other vendor abandoned the work over a payment dispute with the general contractor, and ConServ was contracted by the general contractor to complete the work.

ConServ, Inc. is registered and certified and qualifies as an Emerging Small Business in accordance with the federal small business size standard for the applicable North American Industry Classification System code 238210. This search also concluded that ConServ is registered and certified and qualifies as a Small Business in accordance with the federal small business size standard for the applicable North American Industry Classification System codes 541512 and 541618. The Government's technical experts have determined that ConServ, Inc. is uniquely capable of meeting the Government's technical requirements.

9. Any Other Facts Supporting the Use of Other than Full and Open Competition: See above.

10. Listing of Sources that Expressed, in Writing, an Interest in the Acquisition: All potential general contractors – the government is requiring, based on the proprietary BMS contractor (ConServ), that these contractors can all subcontract with ConServ.

11. 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: When no existing building management system is in place, or the existing building management system is considered obsolete and will be replaced in its totality, then free and open market solicitation should be encouraged.

Effective Date: 02/01/22 Page 3 of 3

12. 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 and belief.

James Wallace Date Chief, Engineering

RLRVAMC

13. Approvals in accordance with the VHAPM Part 806.3 OFOC SOP:

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

Julie A. Stout Date Contracting Officer NCO 10 Contracting