C24395201 JOTFOC FINAL 01JUN2024 REV1 Redact.pdf

(h) Background information about the requirement: The USCG is converting Building #3 (Rescue Swimmer Training Facility) to the Siemens Building Automation System (BAS). Building #3 was constructed before the Base implemented a site wide installation of the Siemens control system; converting Building #3 to Siemens allows for the Base to have the necessary function of one control system.

3. Description of Supplies/Services.

A portion of the requirement is to provide Siemens networked direct digital controls to expand the existing site-wide Siemens control system. The control system components and communication protocols must be compatible with the existing Siemens control system that is currently installed at BASE Elizabeth City. Siemens has developed proprietary patents/copyrights which are licensed directly to the end user. Siemens retains exclusive ownership of these components and does not license third parties to alter or add to the software equipment.

4. Identification of Statutory Authority Permitting Other Than Full and Open Competition.

The statutory authority permitting other than full and open competition is 10 U.S.C. § 3204(a) implemented by the FAR Subpart 6.302-1 entitled “Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements.”

5. Identification of Exception to the Buy American Act.

N/A.

6. Demonstration that the Proposed Contractor’s Unique Qualifications or the Nature of the Acquisition Require Use of the Authority Cited.

There is a reasonable basis to conclude that the Government’s needs can only be satisfied by the unique supply available from only one source with unique capabilities. At this time only one vendor, Siemens, can supply all of the required components as a single source to the networked direct digital control system to maintain proper system functionality. This is due to the Base previously implementing a site-wide installation of the Siemens control system.

New components must be compatible with the existing Siemens control system. Siemens equipment was initially selected due to its energy savings capabilities. In 2014, an Energy Savings Performance Contract (ESPC) with Siemens Government Technologies was performed. This contract included installation of a Base-wide Building Automation System (BAS). In 2015, the Coast Guard installed a Siemens BAS in Building 97 and connected to the existing Base BAS. In 2016, the Coast Guard purchased two hangars (HMF 1 & 2) from the City of Elizabeth City. This acquisition installed a Siemens BAS in each of the new hangars and connected to the existing Base BAS. All installed equipment and software that operate the BAS system at the Coast Guard Base were manufactured by Siemens Building Technologies.

Other sources that supply networked control system components are available but cannot provide the same proprietary functionality and system communication with the Siemens control system. Selecting another manufacturer would undo efforts from previous decisions and projects completed by the USCG within the last 10 years and would be cost prohibitive.

If this J&A is not approved it would impact the Base mission by resulting in a non-functional control system – delaying response times to systems, increasing labor, and complicating site-wide controls.

7. Description of Efforts Made to Ensure that Offers are Solicited from as Many Potential Sources as is Practicable.

The justification will be published to https://www.sam.gov with the solicitation in accordance with FAR 5.102(a)(6).

8. Determination by the Contracting Officer that the Anticipated Cost to the Government will be Fair and Reasonable.

The contracting officer determines that the anticipated price(s) will be fair and reasonable based on prior acquisition history. The USCG received bid information for a repair project of Building #3, which included the building conversion to Siemens control system.

9. Description of Market Research.

Siemens networked digital controls has been selected to expand the existing Siemens control system because it is the only system that will allow for a fully functioning, compatible system expansion. A review was conducted during administration of an A/E Design project in 2022, of other manufacturer’s product literature, which did not indicate compatibility with the existing Siemens control system. Price Proposal information received in August 2023 for Building #3 conversion to Siemens control system was used in developing the Independent Government Estimate (IGE).

10. Any Other Facts Supporting the Use of Other Than Full and Open Competition.

N/A.

11. A Listing of the Sources, if Any, that Expressed, in Writing, an Interest in the Acquisition.

None.

12. A Statement of the Actions, if Any, the Agency May Take to Remove or Overcome Any Barriers to Competition Before Any Subsequent Acquisition for Supplies or Services Required.