ATTACHMENT 7-Honeywell Siemens JCI Sole Source Justification.pdf
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- Solicitation number
- 36C25022B0004
About this file
This justification document outlines a sole source acquisition by the Department of Veterans Affairs for application specific controllers and advanced application controllers from Honeywell, Siemens, or Johnson Controls. The project involves expanding the existing building management controls system at the Cincinnati VA Medical Center to include new controllers from one of these three manufacturers. Justification is provided under the authority that only one responsible source can meet the agency's requirement, as the intent is to maintain familiarity with the currently installed proprietary control system. Market research found these controllers are widely used by local controls contractors. Efforts to ensure competition were deemed impractical due to the need for consistent software across the expanded system. Fair and reasonable pricing will be determined by cost analysis and independent government estimate for the firm-fixed-price contract awarded through this invitation for bid.
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OFOC SOP Revision 11 Page 1 of 4 Original Date: 03/22/11 Revision 11 Date: 02/11/2021
DEPARTMENT OF VETERANS AFFAIRS
Justification and Approval
For
Other Than Full and Open Competition
Honeywell/Siemens/Johnson Controls – Application Specific Controllers & Advanced Application Controllers
Acquisition Plan Action ID:
1. Contracting Activity: Department of Veterans Affairs, Network Contracting Office (NCO)
10, 260 E. University Avenue, Cincinnati, OH 45219.
The Requesting Agency is VISN 10, VAMC Medical Center, Engineering Service (138), 3200 Vine Street, Cincinnati, OH 45220.
2. Nature and/or Description of the Action Being Processed:
Engineering Service is requesting approval to use other than full and open competition to solicit a Brand Name Only for DDC system Application Specific Controllers (ASC) and Advanced Application Controllers (AAC) manufactured by Honeywell, Siemens, or Johnson Controls, for use on Project No. 539-21-205. This project will be awarded as a new Firm-Fixed Price contract. This Justification and Approval (J&A) is submitted pursuant to the authority of 10 U.S.C 2304 (c) (1) or 41 U.S.C. 253 (c) (1), which provides that full and open competition need not be obtained where there is “only one responsible source and no other supplies or services will satisfy agency requirements.” Federal Acquisition Regulation (FAR) Part 6.302-1(c) “Only one responsible source and no other supplies or services will satisfy agency requirements.”
3. Description of Supplies/Services Required to Meet the Agency’s Needs:
The expansion of the existing Building Management Controls System involves many new ASC & AAC controllers, including controller hardware/software, configuration/ programming, graphics, owner training, etc.
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 FAR 6.302-1;
( ) (2) Unusual and Compelling Urgency per FAR 6.302-2;
( ) (3) Industrial Mobilization, Engineering, Developmental or Research Capability or Expert Services per FAR 6.302-3;
( ) (4) International Agreement per FAR 6.302-4 ( ) (5) Authorized or Required by Statute FAR 6.302-5;
OFOC SOP Revision 11 Page 2 of 4
( ) (6) National Security per FAR 6.302-6;
( ) (7) Public Interest per 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 intent of this is to update the existing controls systems at the campus to streamline maintenance operations. Having a reasonable number of ASC & AAC to become familiar with and to keep in stock, will be critical in meeting maintenance needs of the facility. The requirement for ASC & AAC by Honeywell, Siemens, or Johnson Controls is not a limiting requirement, as one or more of these manufacturers is used by various local temperature control contractors (available to all). This will afford the VA multiple choices for future service or system expansion.
6. Description of Efforts Made to ensure that offers are solicited from as many potential sources as deemed practicable:
Research has shown that in the industry, it is standard for most ASC & AAC to have their own proprietary software which hinders maintenance operations by requiring the local VA personnel to learn and maintain proficiency with numerous different software programming tools, while also requiring stocking of countless different controllers. There is just too much at risk from an operations standpoint to allowing unlimited controller manufacturers. The ASC & AAC manufacturers listed are the most prominent and established in the local market. These manufacturers have many ASC & AAC controllers already installed at this campus. The capabilities of the ASC & AAC by these manufacturers, and the availability in the local market, provides the Cincinnati VA with a system that can be serviced by multiple vendors, now and in the future. This solicitation will be publicized via sam.gov.
7. Determination by the Contracting Officer that the Anticipated Cost to the Government will be Fair and Reasonable:
Determination of fair and reasonableness of cost will be based upon a complete price analysis and Independent Government Cost Estimate. The anticipated cost will be considered fair and reasonable. This project will be issued as an Invitation for Bid (IFB). Tradeoffs and Evaluation Factors are not applicable for this project.
8. Description of the Market Research Conducted and the Results, or a Statement of the
OFOC SOP Revision 11 Page 3 of 4
Reasons Market Research Was Not Conducted:
Market research has been previously conducted for prior projects, concerning this subject.
ASC & AAC by these three manufacturers are currently in use in this hospital. In addition, ASC & AAC by these three manufacturers can be installed by many different controls contractors in the local area.
9. Any Other Facts Supporting the Use of Other than Full and Open Competition:
The capability of ASC & AAC by these three manufacturers and the number of local contractors available to install these controllers, makes limiting the ASC & AAC to these manufacturers a logical choice. Maintenance and system familiarity, while secondary to the issues of warranty or UL Listing, are other important factors to consider. Engineering is charged with maintaining this system.
10. Listing of Sources that Expressed, in Writing, an Interest in the Acquisition:
See Section VI above.
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:
Solicitations for future requirements will utilize “brand name or equal” language, if it is in the Government’s best interest to do so. The current requirement must be solicited using a brand name description because the Government needs to create an exact copy of a system/item that is currently in use.
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.
Kevin Henderson Date Project Engineer, Engineering Service VAMC – Cincinnati, OH
13. Approvals in accordance with VHAFAR Part 806.3 OFOC SOP FAR 6.304
a. Contracting Officer's Certification (required): I certify that the foregoing justification is accurate and complete to the best of my knowledge and belief.
Luke A. Turner Date Contracting Officer
OFOC SOP Revision 11 Page 4 of 4
Network Contracting Office (NCO) 10
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.
Julie Stout Date Branch Chief Construction/A&E
Network Contracting Office (NCO) 10
| 2. Nature and/or Description of the Action Being Processed: |
| 3. Description of Supplies/Services Required to Meet the Agency’s Needs: |
| 4. Statutory Authority Permitting Other than Full and Open Competition: |
| 5. Demonstration that the Contractor’s Unique Qualifications or Nature of the Acquisition Requires the Use of the Authority Cited Above (applicability of authority): |
| 6. Description of Efforts Made to ensure that offers are solicited from as many potential sources as deemed practicable: |
| 7. Determination by the Contracting Officer that the Anticipated Cost to the Government 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: |
| 9. Any Other Facts Supporting the Use of Other than Full and Open Competition: |
| 10. Listing of Sources that Expressed, in Writing, an Interest in the Acquisition: |
| 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: |
| 13. Approvals in accordance with VHAFAR Part 806.3 OFOC SOP FAR 6.304 |
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