J_and_A_Sole_Source_ND_BAS_Upgrades_Redacted.pdf

JUSTIFICATION AND APPROVAL FOR OTHER

THAN FULL AND OPEN COMPETITION

U.S. General Services Administration

JUSTIFICATION AND APPROVAL FOR OTHER THAN FULL AND OPEN COMPETITION,

Only one responsible source and no other supplies or services will satisfy agency requirements.

The Public Buildings Service, Rocky Mountain Region, proposes to procure the requirements described herein by means of other than full and open competition. Contracting by such means is authorized by FAR Subpart 6.3 and is supported by this justification prepared in accordance with FAR 6.303-2.

1. Identification of the agency and the Contracting Activity:

Program Office and Contracting Activity

General Services Administration Public Buildings Service North Dakota Field Office 657 2nd Ave. N., Room 244 Fargo, ND 58102

2. Nature and/or description of the acquisition being approved:

This justification authorizes and approves the procurement of Building Automation System

(BAS) software and application controller upgrades for thirteen GSA-owned Federal buildings in North Dakota from a Schneider Electric certified partner. The existing BAS for all GSA-owned federal buildings in North Dakota is Schneider Electric equipment.

The current BAS software is iNet 7 and has become obsolete and is no longer supported by the vendor. While it still works with the current devices on the network, it cannot be expanded, required system pages for urgent notifications cannot be sent to responding service personnel, and the software no longer supports the security requirements and communication protocols mandated by the GSA’s Office of Information and Technology.

Failure to maintain these systems exposes the Government to risks of environmental damage to real property and equipment, as well as creates potentially excessive energy usage as systems can no longer be fully controlled.

In order to provide the full level of management and communication as well as to be scalable as systems are expanded or renovated, the system needs to be updated to

Ecostruxture software and newer AP-S application controllers. The cost of upgrading existing BAS software and implementing new application controllers is much less than replacing all existing equipment and switching to another BAS vendor. The use of the new software and application controllers assures that legacy control devices can remain as usable devices in the upgraded system, and reduce the cost, risk, and disruption that a complete replacement would require. Substantial duplication of cost to the Government would not be expected to be recovered through competition.

3. A description of the supplies or services required to meet the agency's needs

(including the estimated value):

The BAS Application Controllers and software upgrade shall be Schneider Electric

Ecostruxture and associated AP-S Application Controllers, the installation of which is estimated at $441,175.00 for thirteen facilities. The total estimated dollar value of this sole source requirement is $441,175.00.

4. An identification of the statutory authority permitting other than full and open competition:

The statutory authority permitting other than full and open competition is 41 U.S.C.

253(c)(1)(c) as cited in FAR 6.302-1, "Only one responsible source and no other supplies or services will satisfy agency requirements. This action is conducted using Simplified

Procedures for Certain Commercial Items pursuant to FAR 13.500.

5. A demonstration that the proposed contractor’s unique qualifications or the nature of the acquisition requires use of the authority cited:

The General Services Administration's (GSA) primary mission is to operate and maintain federal buildings so tenant agencies can perform their missions. Those missions include national security as well as other function critical to the Government. Maintenance of buildings protects existing infrastructure from damage due to environmental issues such as frozen pipes or loss of pumps which can be detected by BAS.

To effectively and efficiently execute its mission, the GSA needs to maintain existing BAS securely with up-to-date software. Using a non-certified partner of Schneider Electric would void the warranty on the existing equipment. Schneider Electric assigns geographic territories to their certified partners. The certified partner for North Dakota is Energy Tech

Systems, Inc. (ETS).

The inclusion or exclusion of specific equipment in agency approved equipment lists, either by generic or brand-name description, remains the sole prerogative of GSA Public Building

Service Region 8, and is not open to negotiation or appeal by any other party, whether private, commercial, or governmental. There is no intent herein to imply that hardware produced by other manufacturers, which can meet these requirements, does not exist.

The Requiring Activity has identified the referenced equipment as the only items and makers that are suitable to interface with the existing, proprietary equipment. The proprietary product which is already in use precludes the use of other, more generic systems.

Modifications to make other systems compatible with the required equipment and systems are cost prohibitive and ineffective. Moreover, using equipment incompatible with that already in use adds a high risk of equipment failure, which could result in environmental damage to US Government real property, including properties on the historic register, and housing many US Government agencies that rely on consistent building environment to support the business of said agencies. The specific nature of the existing, proprietary

Building Automation System control equipment justifies the use of 41 U.S.C 2304(c)(1), cited in FAR 6.302-1 to permit other than full and open competition for this effort.

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 Subpart 5.2 and, if not, which exception under 5.202 applies.

A Sources Sought was posted on both eBuy (July 13-July 18) and FBO (July 13-July 19) websites. No responses were received through eBuy. Three responses were received from

FBO. Two were certified partners of Schneider Electric.

7. A determination by the contracting officer that the anticipated cost to the Government will be fair and reasonable.

In accordance with FAR 12.209, the Contracting Officer shall ensure that all supplies and services ordered under the proposed contract are procured at a fair and reasonable price.

The Offeror will submit a formal price proposal with cost or pricing data or sufficient information to support the accuracy and reliability of the estimate. The offerors' proposed costs will be reviewed by the program manager, contract specialist and others as warranted with unique pricing or technical expertise related to the requirement. The Contracting Officer will utilize an appropriate variety of price or cost analysis techniques and technical analysis to ensure negotiations of a fair and reasonable price.

8. A description of market research conducted (see Part 10) and the results or a statement of the reason market research was not conducted:

The GSA conducted market research and analysis though posting of the Sources Sought, in accordance with FAR 5.203 referenced above. The Sources Sought posting requested capability statements to fulfill the requirement. The results of the market research confirmed that factory certified Schneider Electric representatives exist within the United States, however, further clarification from Factory Representatives indicates that regional partnering agreements preclude partners from performing work in the territory of other certified partners. Thus, it is evident that Energy Tech Systems is the only certified partner capable of completing the work as described while maintaining factory warranties and guarantees.

Furthermore, Multi Air Services Engineers, Corp. was confirmed as not a certified partner of

Schneider Electric by Schneider Electric.

9. A listing of the sources, if any, that expressed, in writing, an interest in the acquisition:

Energy Tech Systems, Inc.

EGAN Company Multi Air Services Engineers, Corp.

10. 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:

Due to the proprietary nature and factory certification requirement for the equipment and installation and service thereof, a competitive proposal effort would not result in equipment and service that can be integrated into existing systems without complete replacement of existing controls. Full replacement of the system would be cost prohibitive.

11. Contracting Officer’s Certification that the justification is accurate and complete to the best of the Contracting Officer’s knowledge and belief:

I certify that supporting technical data and/or documentation are accurate and complete to the best of my knowledge and belief. It is appropriate to use such information to establish the basis for this justification.

8/7/18

Pamela Burley, Contracting Officer