Attachment 1 FAR 13.5 Sole Source Justification HVAC upgrade complete.pdf

VHAPG Part 813.5 Simplified Acquisition Procedures for Certain Commercial Items Attachment 1: Request for Sole Source Justification Template >SAT-$7.5M under FAR13.5

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

DEPARTMENT OF VETERANS AFFAIRS

SOLE SOURCE JUSTIFICATION UNDER SIMPLIFIED PROCEDURES FOR CERTAIN COMMERCIAL

ITEMS IN ACCORDANCE WITH FAR 13.5

Acquisition Plan Action ID: 36C255-23-AP-0823

1. Contracting Activity: Department of Veterans Affairs, VISN 15, John J. Pershing Medical Center, Popular Bluff, MO, Purchase Request 657-23-3-3913-0009.

2. Nature and/or Description of the Action Being Processed: This procurement is for the installation of Building Automation System(BAS) Controls in accordance with FAR 13.5 Simplified Procedures for Certain Commercial Items and specifically FAR 13.501 Special Documentation Requirements, where acquisitions conducted under Simplified Acquisition Procedures are exempt from the requirements of FAR Part 6, but still require a justification using the format of FAR 6.303-2. The proposed action is for a Firm-Fixed Price purchase order to provide and install BAS Controls in the medical facility’s Urgent Care, Employee Learning Facility, MRI Controls and Front Lobby. This action will be solicited Only One Responsible Source to facilitate adding on to an existing system with proprietary restrictions.

3. Description of Supplies/Services Required to Meet the Agency’s Needs:

Building 1 Urgent Care, Front Lobby, MRI Chillers, & Building 2 have antiquated and outdated BAS technology and has exceeded its useful life. These areas will be converted to the JCI BAS system and maintain compatibility with JJPVAMC campus. The JCI BAS system is a critical facility system which acts as a tool to communicate with air conditioning, heating, ventilation, boilers, chillers, temperature, and humidity. This is vital to ensuring the correct optimal conditions for employees and patients using the medical facility. This project includes the start up and programming of network and device controllers in Urgent Care, Front Lobby, MRI Chiller Controls, & Building 2.The contractor will provide the following supplies and services as indicated in the Statement of Work.

The estimated period of performance will be 1 Feb 23 thru 31 May 23. The acquisition value is

$301,774.00.

Effective Date: 02/01/2022 Page 2 of 4

4. Statutory Authority Permitting Restricted Competition:

FAR 13.5 Simplified Procedures for Certain Commercial Items. The statutory authority for applying the Simplified Procedures for Commercial Items of FAR 13.5 is 41 U.S.C. § 1901 and is implemented by FAR 13.106-1(b)(2) for restricting competition on this procurement. Competition is restricted on this procurement for the reason below:

Services Description Quantity

Warranty 12 month installation warranty on materials and JCI

Installation Services Programming for all JCI Controls N/A

Set alarm parameters for

Building 2 1 Alarm parameters

Coordinate subcontractors, JCI technical labor and customer communication

Project management

Engineering Controls Provide updated control drawings, sequence & operation

Program Geothermal & heat pump control systems for HVAC operation

Technical Labor 1

Add control points and provide graphical interface for Building 2 systems

Metasys BAS 1

Item Description Quantity

SNE11002-0 Supervisory Controller Panel BAS Controller 2

SNE1100 Supervisory Controller Panel BAS Controller 1

JCI VAV Controller VAV (Hot Water) 22

Exhaust Fans EF-1, EF-2 & IEF 3

CGM Controller Heat Pump 5

JCI Controller Panel Heat Pump 1

Easy IO VAV Controller ERU 1

JCI temp/humidity sensor Liebert Unit 1

Ground Source Heat Pump Loop Loop sensors 1

Room Monitoring Temp & Humidity Sensors 8

Split A/C Units FCU-1,FCU-2,FCU-3 3

Pump Monitoring Sump Pump Alarm System 1

Variable Volume Rooftop Units Install 3 rooftop units 3

Electric Humidifiers New Humidifier installation 3

VFD Integration Connnect new JCI VFD 2

Effective Date: 02/01/2022 Page 3 of 4

(X) Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements

( ) Unusual and Compelling Urgency ( ) Industrial Mobilization, Engineering, Developmental or Research Capability or Expert

Services ( ) International Agreement ( ) Authorized or Required by Statute ( ) National Security ( ) Public Interest

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 Contractor has unique qualifications that requires use of the authority cited above. The product Johnson Control Inc (JCI) provides allows monitoring and rapid adjustment of HVAC controls in the medical facility. This product involves system integration through the use of JCI VAV’s and complimentary software. JCI provides training to VA technicians on Metasys software use so the employees can make the required adjustments to meet the need of the medical facility. This authority is justified because they are the only responsible source that can meet the system integration requirements of our facility.

JCI Building Automation System (BAS) is networked throughout the entire RMRVAMC facility. The reliability of the BAS is vital to maintaining proper operation of the facility. Failure of the BAS would adversely affect patient access to care. The BAS utilizes proprietary hardware and software to control building operation. Installing another system puts the VA at risk by having to maintain two systems and represents a duplication of cost. Additionally, outside vendors interfacing with the JCI BAS will void existing software and hardware warranties from JCI. No other supplies or services can satisfy our agency requirement. JCI provides specialized VAV that are connected via System Integration for review by HVAC Technicians 24/7.

6. Description of Efforts Made to ensure that offers are solicited from as many potential sources as deemed practicable: A survey of the market place confirms our assumption regarding the capability of industry and JCI is the only supplier that meets the needs of our medical facility. A synopsis is not required as justified by exception at FAR 5.202(5) The proposed contract action is for utility services other than telecommunication services and only one source is available.

7. Determination by the CO that the Anticipated Cost to the Government will be Fair and Reasonable The cost is considered fair and reasonable as compared to prior similar projects and after review by HVAC technicians, M&O supervisors, and other VA personnel.

8. Description of the Market Research Conducted and the Results, or a Statement of the Reasons

Market Research Was Not Conducted: Limited market research was conducted for this requirement. As described in Section 6 above, limited market research, in accordance with FAR Part

10. There is only one responsible vendor capable of fulfilling this requirement due to proprietary justification.

9. Any Other Facts Supporting the Use of Other than Full and Open Competition: The BAS system by JCI utilizes proprietary hardware and software to control building operation. Installing another system puts the VA at risk by having to maintain two systems and represents a duplication of cost.

Additionally, outside vendors interfacing with the JCI BAS will void existing software and hardware warranties from JCI.

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

10. Listing of Sources that Expressed, in Writing, an Interest in the Acquisition:

Johnson Controls Inc.

5125 Carroll Ct Ste 400

Evansville, WY 826 POC: Todd Greene

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:

There are currently no planned actions to foster competition at this time. Preservation of existing warranties are crucially important in preventing any desruptions in the efficiencies of Veterans care.

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.

Robert Johnson Date Healthcare Engineer John J. Pershing Medical Center

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.

Phillip Bouffard Date Contracting Officer

NCO-15

b. One Level Above the Contracting Officer (Required over SAT but not exceeding $750K): I certify the justification meets requirements for other than full and open competition.

Peggy Becker Date Division Chief I

NCO-15

c. VHA RPO HCA Review and Approval: I have reviewed the foregoing justification and find it to be complete and accurate to the best of my knowledge and belief and approve ($750K to $7.5 million (or $15.0 million for acquisitions described in FAR 13.500(c)) for other than full and open competition.

Name Date VHA Head of Contracting Activity (HCA) https://dvagov.sharepoint.com/sites/VHAProcurement/VHAPM/VHAPM_Part_806.3.aspx