808.405-6 LIMITING SOURCES JUSTIFICATION.pdf

VHAPG Part 808.405-6 Limiting Sources Request for Limited Sources Justification OVER SAT

Effective Date: 02/01/2022 Page 1 of 4

LIMITED SOURCES JUSTIFICATION

ORDER OVERSAT

FAR PART 8.405-6

Acquisition Plan Action ID: 36248-23-AP-0644

(1) Contracting Activity: Department of Veterans Affairs, Network Contracting Office 08, Orlando VA Healthcare Systems (OVAHCS), 13800 Veterans Way, Orlando, FL 32827. Purchase request number 675- 23-4-6060-0047.

(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 is a request for a sole source follow-on contract for the procurement to maintain the Johnson Controls METASYS Building Automation Systems (BAS) from Johnson Controls Incorporation (JCI). Services are provided to ensure the safe operations of the building automation system and maintain the building automation assets that control the Heating, Ventilation, and Air Conditioning (HVAC) equipment. There are several building automation assets at the Orlando VA Medical Center at Lake Nona, Lake Baldwin and the Orlando VA Lakemont Campus.

Maintenance services are needed for the continuation of mechanical operations of the HVAC equipment which includes troubleshooting, software repairs, and schedule maintenance of the building automation assets. Acquisition to continue to use Johnson Controls METASYS Building Automation Systems will ensure OVAHCS is in compliance with the Joint Commission requirements.

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

Name of Proposed

Contractor:

Johnson Controls Incorporated

Street Address: 507 E. Michigan Street

City, State, Zip: Milwaukee, WI 53202

Phone: (321) 666-3103

(3) Description of Supplies or Services: This procurement is for the acquisition for continuous software and maintenance services of the Johnson Controls METASYS Building Automation Systems. The period of performance is one (1) 12 months base period and four (4) 12 months option. The estimated value of the proposed action is $1,468,045.00. FITARA approval is not required since Product/Service Code J041, Maintenance, Repair, and Rebuilding of Equipment – Refrigeration, Air Conditioning, and Air Circulating Equipment is not listed as IT Product Service Code (PSC) requiring FITATA approval.

(4) Identify the Authority and Supporting Rationale: The Johnson Controls Metasys BAS is a proprietary system that contains more than 60,000 points that are displayed and/or controlled through a https://www.acquisition.gov/far/part-8#FAR_8_405_6 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.gpo.gov/fdsys/pkg/USCODE-2011-title40/pdf/USCODE-2011-title40-subtitleI-chap5-subchapI-sec501.pdf

Effective Date: 02/01/2022 Page 2 of 4 supervisory control and data acquisition front end that allows users to monitor critical areas throughout the Orlando VA Healthcare System.

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.

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 are: ADX Controller that design the program and perform a “download” to the controller and perform a point-to-point checkout/commission. EPM Expansion Module; Design the program and perform a “download” to the controller and perform a point-to-point checkout/commission.

Network Sensor; Build a design setpoint per engineering and allow to adhere to the specifications. VAV Controller; Design the program and perform a “download” to the controller and perform a point-to-point checkout.

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: JCI is the manufacturer and sole intellectual proprietor for the Johnson Controls METASYS Building Automation System. Only JCI authorized technicians can perform any type of HVAC installations, programming, or software upgrades to the Johnson Controls METASYS Building Automation Systems. Only factory authorized personnel can work on the Network Control Modules (NCM), Network Automation Engines (NAE), Network Control Engines (NCE) and the Application Data Servers (ADS) due to the continuous upgrade of these products software and hardware.

(6) Describe the Market Research Conducted among schedule holders and the results or a statement of the reason market research was not conducted: Additionally, describe results of market research conducted pursuant to FAR Part 10 and VAAR 810.001-70: Sources sought notice ID number 36C24823Q1830 was posted to Contract Opportunities and GSA eBuy to seek potential sources.

Received two response, one form JCI and the other from RYJ Group. Further questions revealed support for software and maintenance will be subcontracted to JCI.

(7) Any Other Facts Supporting the Justification: None

(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 https://www.acquisition.gov/far/part-8#FAR_8_405_6 https://www.acquisition.gov/far/part-8#FAR_8_405_6 https://www.acquisition.gov/far/part-8#FAR_8_405_6 https://www.acquisition.gov/far/part-8#FAR_8_405_6 https://www.acquisition.gov/far/part-10 https://www.va.gov/oal/library/vaar/vaar810.asp

Effective Date: 02/01/2022 Page 3 of 4 made: The Facilities Management Services continuously evaluates the market availability of comparable building automated system. To date, there are no planned action to replace the METASYS Johnson Control Building Automation 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. (This signature is the requestor’s supervisor, fund control point official, chief of service or someone with responsibility and accountability.)

SIGNATURE DATE

James Camp Utility Systems, Maintenance Supervisor Facilities Management Services

NAME TITLE SERVICE LINE/SECTION

Orlando VA Healthcare System

FACILITY

(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.

CONTRACTING OFFICER/DESIGNEE’S SIGNATURE DATE

Rohan McKenzie, Contracting Officer Network Contracting Office 08

NAME AND TITLE FACILITY/NCO/PCO

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.

SIGNATURE DATE

Ferdinand Rodriguez

NAME

NCO 08

Branch Chief, Services Supervisor Contracting Officer

HIGHER LEVEL APPROVAL (Required for orders over $750,000):

c. VHA RPO HCA Review and Approval (over $750,000 to $75 million): I have reviewed the foregoing justification and find it to be complete and accurate to the best of my knowledge and belief and approve for restricting consideration of the Federal Supply Schedule contractors to fewer than the number required by FAR Subpart 8.4.

https://dvagov.sharepoint.com/sites/VHAProcurement/VHAPM2/VHAPM_Part_806.3.aspx https://dvagov.sharepoint.com/sites/VHAProcurement/VHAPM2/VHAPM_Part_806.3.aspx

Effective Date: 02/01/2022 Page 4 of 4

NAME DATE

Joseph P. Maletta VHA Head of Contracting Activity (HCA)