Attachment O - JOFOC Johnson Controls - Approved_Redacted.pdf

VHAPM Part 808.405-6 Limiting Sources Original Date: 08/30/2017 Revision 02 Eff Date: 02/21/2020

LIMITED SOURCES JUSTIFICATION

ORDER >SAT

FAR PART 8.405-6

Acquisition Plan Action ID:_36C261-20-AP-1397

(1) Contracting Activity: Department of Veterans Affairs, VISN 21.

Department of Veterans Affairs Network Contract Office (NCO) 21 5342 Dudley Blvd.

McClellan, CA 95652 2237: 612-20-1-6133-0018

(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).

Order against: FSS Contract Number: GS-07F-190CA

Name of Proposed Contractor: Johnson Controls, INC

Street Address: 507 E Michigan St M-93

City, State, Zip: Milwaukee, WI 53202-5202

Phone: 703-483-2036

(3) Description of Supplies or Services:

The estimated value of the proposed action is

Since 2010, the Department of Veterans Affairs (VA) have owned and operated the Johnson

Controls (JCI) Metasys ® Building Automation System (BAS) exclusively at the Mather and

McClellan campuses. The BAS connects to the HVAC, lighting, security and protection systems, and enables them to communicate on a single platform efficiently. The contractual instrument since 2010 was the Utility Energy Savings Contracts (UESC) with JCI providing all services.

Authorized by the Energy Policy Act of 1992, P.L. 102-486 (codified as 42 U.S.C. 8256), the UESC is a limited-source contract between a federal agency and its serving utility for energy and water efficiency improvements and demand-reduction services.

Revision 02 Eff Date: 02/21/2020

Requirement

The requirement is to provide preventative maintenance, update, repair, and training on the JCI

Metasys ® Building Automation System (BAS) at the Mather and McClellan, CA locations. The period of performance is a base year with four (4) option years.

(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;

This system controls over 80% of the HVAC and critical environments within the VA Mather and McClellan campus(s).

The proposed sole source request for this vendor is justified as follows:

1. JCI confirmed all parts, licensing, and installation services must be sourced through JCI.

2. JCI confirmed there is no list of authorized service companies.

3. Posted Sources sought and sent directly to 26 Small Business vendors listed in the GSA

E-buy system. 4 “no-quote” responses received that cannot meet the requirement (*See below breakdown).

4. Other Federal agencies recently posted Notice to Sole Source to JCI on FBO for work on the Metasys ® equipment.

5. These are building systems that are under warranty. Damage to the system by another vendor would void that warranty.

6. Only JCI can provide the parts and specially trained labor required to execute this contract.

*Four (4) “no-quote” responses from three (3) small business concerns and one (1) large business. The small business concerns, responded with either no comment or “I do not sell these products or services. The large business, stated they could not provide a quote in time. The Contract Specialist reviewed website and their specialty appears to be commercial locking systems and did not have JCI listed or have any reference to Metasys ®, BAS, HVAC, and was deemed to be non-responsive.

Revision 02 Eff Date: 02/21/2020

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.

(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: Consistent with FAR 8.404(d) to aid the contracting officer in making this best value determination: The Contracting Officer recognizes that prices for this service have been pre-negotiated by GSA. The government will consider the level of effort required and insure the price is fair and reasonable in light of that analysis. In addition, a GSA discount will be requested.

(6) Describe the Market Research Conducted among schedule holders and the results or a statement of the reason market research was not conducted. The Contract Specialist conducted a VIP keyword search for “Metasys” yielded no Service-Disabled Veteran Owned Small Business or Veteran Owned Small Businesses (SDVOSB/VOSB). RFQ1431363 was sent directly to 26 small business industry vendors listed in the GSA E-buy system with no quote or capability statement received. The Rule of Two is not met because there are not two or more SDVOSB/VOSB vendors that can perform this service and comply with the limitations on subcontracting in VAAR 852.219-10.

(7) Any Other Facts Supporting the Justification: The Johnson Controls (JCI) Metasys ® Building Automation System (BAS) is a complex system. There are no other companies that can perform the required maintenance without voiding warranty.

(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: On-going Market Research will be conducted to see if any other vendors can provide this service. Please add the Government will continue to conduct market research throughout the performance and particularly before exercising options to maintain awareness of market conditions and maximize competition.