XQPZ160154_Sole_Source_Siemens_Redacted.pdf

Justification and Approval (J&A) for Other Than Full and Open Competition

Page 1 of 414 Nov 2017

NOTE: If a Justification and Approval was approved for the preceding acquisition, a copy of the approved J&A for the predecessor action must be included in the staff package for approval of the instant J&A. This applies to J&A staff packages that are submitted for review and approval at a level above the contracting officer. The predecessor J&A will be used as a reference document by the approving official.

Is this a new or amended J&A Document? New Amended ( Prior to Award Only! )

Contracting Activity:

10 CONS/PKA

8110 Industrial Drive, Suite 200 U. S. Air Force Academy, CO 80840

Purchase Request / Local ID Number:

Program / Project (and PE, if applicable):

Sust/Rpr AHUs - E Fairchild Hall Project XQPZ 160154 Building 2354 Fairchild Hall U. S. Air Force Academy, CO 80840

Program Type (PEO or Other Contracting): Construction Sustainment/Repair

Authority: 6.302-1 – 10 USC 2304(c)(1), Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements

Estimated Contract Cost (including options): J&A Type: Class Individual

COORDINATION (AFFARS 5306.304(a) )

Date

29 Mar 2018

Contracting Officer

AARON VOLLBRACHT

10 CONS/PKA/719-333-4761

Signature

Date

30 Mar 2018

Deputy Commander

KEITH L. BUTALA, PE

10th Civil Engineer Squadron/719-333-3463

Signature

APPROVAL (AFFARS 5306.304(a) )

Date

30 Mar 2018

Competition Advocate

JAMES ANDERSON

10 CONS/PK/719-333-2074

Signature

VOLLBRACHT.AARON.F

REDERICK.1381405733

Digitally signed by

VOLLBRACHT.AARON.FREDERICK.1381405733

Date: 2018.03.29 13:08:11 -06'00'

BUTALA.KEITH.L.

1231191158

Digitally signed by

BUTALA.KEITH.L.1231191158

Date: 2018.03.30 08:00:06 -06'00'

ANDERSON.JAMES.A.11

24028252

Digitally signed by

ANDERSON.JAMES.A.1124028252

Date: 2018.03.30 13:08:52 -06'00'

Page 2 of 414 Nov 2017

I. Contracting Activity.

10 CONS/PKA

8110 Industrial Drive, Suite 200 U. S. Air Force Academy, CO 80840

II. Nature and/or description of the action being processed.

This brand name requirement is for the control systems named Siemens which will be used to update the existing control systems for this project at USAFA. This is due to a necessity to maintain standardization of facility mechanical control systems at USAFA. The 10th Civil Engineer Squadron has incorporated a Siemens control system into this project to meet these requirements. This justification pertains only to the portion of the acquisition which requires removing the existing control system and installing a new system.

III. Description of supplies/services required to meet agency needs.

The repair of the HVAC at Fairchild Hall is crucial to the function and usage of this building at USAFA. This facility currently utilizes Siemens controls and software components that interface with USAFA's Energy Management Control System (EMCS). The particular use of Siemens controls systems for connection to the EMCS is vital to ensure compatibility & interoperability with upgrades to this facility. The estimated cost for the Siemens only controls system for this project is approximately . This requirement is a minor subcontracted portion of the estimated total project cost.

IV. Statutory authority permitting other than full and open competition.

10 USC 2304 (c) (1), as implemented by FAR 6.302-1, “Only one responsible source and no other supplies or services will satisfy agency requirements" for Siemens EMCS system.

V. Demonstration that the contractor's unique qualifications or nature of the acquisition requires the use of the authority cited above (applicability of authority).

The EMCS used at the USAFA Academy was engineered and manufactured by Siemens and incorporates copyrighted software and patented hardware that only Siemens provides, as the only brand manufacturer of the products. We are not aware of any manufacturers who can interface with the Siemens system seamlessly and completely. The Government has an operating license for the Siemens-owned software. Propriety information as it relates to this acquisition includes software (Apogee Insight, DataMate, InfoServer, and all software programs and applications developed and sold by Siemens). Siemens has bought the rights to proprietary data from all of the previous companies (Staefa, Landis & Gyr, Landis and Staefa). It is the best interest of the Government to require a single system for building energy management and control so buildings operate efficiently, spare parts inventory is simplified, and the entire installation can be monitored, controlled, be compatible with and assure interoperability at a central location.

Page 3 of 414 Nov 2017

VI. Description of efforts made to ensure that offers are solicited from as many potential sources as practicable.

This system is a proprietary, custom-trademarked system and no other systems are available that can seamlessly and effectively integrate with the Siemens management software.

VII. Determination by the Contracting Officer that the anticipated cost to the Government will be fair and reasonable.

This product has been used at nearly all buildings across USAFA. Since the product has been extensively used throughout USAFA, the Government has sufficient cost data to evaluate costs provided under this action. If needed, additional (other than certified cost and pricing) data will be utilized in determining the price fair and reasonable.

VIII. Description of the market research conducted and the results, or a statement of the reasons market research was not conducted.

10th Civil Engineer Squadron considered other brand names to provide this product. However, standardization of control equipment provided by Siemens eliminated the need to train individuals in troubleshooting and maintaining another brand of equipment, as well as eliminates the need to stock additional parts necessary to support another brand. If the current controls system, which has been installed and upgraded over the past 25+ years at a cost in excess of , is disbanded, the spent would not be expected to be recovered by the Government through competition. Therefore, the Siemens controls are the only components compatible with the existing EMCS.

IX. Any other facts supporting the use of Other Than Full and Open Competition.

None

X. List of any sources that expressed, in writing, an interest in the acquisition.

None

XI. 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.

Recommend the installation of Siemens controls systems. The technical data provided as of this date and USAFA's experience with this EMCS system has demonstrated the reliability for this region. I certify the technical data contained in this justification is accurate and complete to the best of my knowledge.

XII. Certification by the Contracting Officer.

As evidenced by my signature above, I have determined this document to be both accurate and complete to the best of my knowledge and belief.

Page 4 of 414 Nov 2017

XIII. Certification by the technical/requirements personnel.

As evidenced by my signature above, I certify that any supporting data contained herein, which is my responsibility, is both accurate and complete.