Final_WRC_PHB_HVAC_JOFOC_Redacted.pdf

Source Selection Information – see FAR 2.101 and 3.104

Version 1.0

SOLE SOURCE

FOR AN ACTION EXCEEDING THE SIMPLIFIED ACQUISITION THRESHOLD

USING SIMPLIFIED PROCEDURES FOR CERTAIN COMMERCIAL ITEMS

(AUTHORITY: FAR 13.501(a), 41 U.S.C. 1901)

NCNJ3000-19-01723

1. Agency and contracting activity. Department of Commerce, NOAA Acquisition and Grants

Office (AGO), Western Acquisition Division and the National Ocean Service’s Pacific

Hydrographic Branch (PHB) Data Center.

2. Nature and/or description of the action being approved.

This is a sole source justification for a new requirement to award a new contract to Sno Valley

Process Solutions, Inc. for the purposes of providing and installing a new 23-ton HVAC unit. A firm fixed price contract is contemplated for award

3. Description of supplies or services required to meet the agency’s needs (including the total estimated value).

The requirement is to provide all labor and materials to replace the Building 3 PHB Data Center,

(1) 23-ton HVAC unit with associated condenser and pump box, as well as installation of

Emergency Power Off (EPO) capabilities for the Data Center at a total cost of $282,049 for a period of performance of 120 days from time of award. This will allow the Hydrographic Surveys

Division’s Pacific Hydrographic Branch Data Center in Seattle, WA to avoid catastrophic HVAC failure ensuring fully functional and reliable data center cooling. Failure to take action at this time would result in a loss of millions of dollars’ worth of data and hardware as well as an unacceptable level of risk to NOS and the supported programs (CO-OPS, OR&R, OCS).

4. Statutory authority permitting the sole source (including brand name) acquisition.

X 41 U.S.C. 1901, using SAP up to $7M as authorized by FAR 13.500(a) and implemented by FAR 13.501(a).

5. Demonstration that the proposed contractor’s unique qualifications or the nature of the acquisition requires use of the authority cited. The contracting officer has determined the following circumstances justify the use of a sole source as supported below:

In accordance with FAR 6.302-5(b) (7) Sole Source Authorized or Required by Statute and

FAR Part 19.1506(a) Woman Owned Small Business (WOSB) Program Sole Source Award, the Contracting Officer shall consider a contract award to an Woman Owned Small Business

(WOSB) concern on a sole source basis before considering small business set asides.

It has been verified by the Contracting Officer in the System for Award Management (SAM) that Sno Valley Process Solutions, Inc. is considered a WOSB concern under the SBA-designated size standard for NAICS code 238220, Plumbing, Heating, and Air-Conditioning, and by the provisions contained in its representations and certifications. Sno Valley Process

Solutions, Inc. is the only known capable WOSB in the local area to perform the requirement.

Sno Valley Process Solutions, Inc. has been a technical resource for several HVAC, refrigeration and freezer systems on campus and is a maintenance sub-contractor under the

WRC Operations and Maintenance service contract. In addition, Sno Valley Process Solutions has first-hand knowledge of the previous maintenance and service issues at the WRC campus related to the age of the equipment. Sno Valley Process Solutions, Inc. has previously been awarded HVAC system replacement work as both the primary and sub-contractor for multiple projects on campus.

According to the Small Business Act 15 U.S.C. § 657f(a), FAR Subpart 6.302-5(b)(7) &

19.1506(b), an agency may issue a sole-source (WOSB) award if the following five (5) conditions are met:

• The acquisition is assigned a NAICS code in which SBA has determined that WOSB concerns are substantially underrepresented in Federal procurement;

• The contracting officer does not have a reasonable expectation that offers would be received from two or more WOSB concerns;

• The anticipated award price of the contract, including options, will not exceed $4 million for a requirement within any other non-manufacturing NAICS codes;

• The WOSB concern has been determined to be a responsible contractor with respect to performance; and

• The award can be made at a fair and reasonable price.

Based on meeting the five (5) conditions stated above and the market research conducted by

NOAA, NOAA intends to pursue a sole source award to Sno Valley Process Solutions, Inc.

6. Description of efforts made to ensure that offers are solicited from as many potential sources as practicable, including whether a notice was or will be publicized as required by FAR

Subpart 5.2 and, if not, which exception under FAR 5.202 applies.

Due to the emergency nature of this requirement and the authority granted under Small

Business Act 15 U.S.C. § 657f(a), FAR Subpart 6.302-5(b)(7) & 19.1506(b), efforts were not made to solicit from multiple sources. Sno Valley Process Solutions, Inc. is considered a

WOSB and the only WOSB capable in the local area to perform the requirement.

A Notice of Intent to sole-source will be posted to the Government wide point of entry (i.e., FedBizOpps or FBO), in accordance with FAR Subpart 5.2. The sole-source justification will be posted within 14 days after contract award, in accordance with the requirements of FAR

Subpart 13.5.

7. Determination by the contracting officer that the anticipated cost to the Government will be fair and reasonable.

The Contracting Officer determines that the anticipated prices will be fair and reasonable based on a comparison with the independent government estimate and market prices for similar items. Prior to award of the proposed contract, price information shall be obtained from the contractor, and a price analysis will be performed and documented to sufficiently determine that the cost to the

Government of the proposed acquisition will be fair and reasonable. If pricing is not deemed fair and reasonable upon offer receipt, no award will be made.

8. Description of the market research conducted (see Part 10) and the results or a statement of the reason market research was not conducted.

Market research was conducted to find an immediate source that could perform the requirement. Due to previous acquisition history, Sno Valley Process Solutions, Inc. was immediately identified as a capable WOSB as they have previously provided life cycle replacement information for this HVAC unit as well as others on the WRC campus.

9. Any other facts supporting the use of a sole source (including brand name), such as:

This contract is necessary to ensure the Hydrographic Surveys Division’s Pacific Hydrographic

Branch Data Center in Seattle will avoid catastrophic HVAC unit failure. Failure to take action at this time would result in a loss of millions of dollars’ worth of data and hardware as well as an unacceptable level of risk to NOS and the supported programs (CO-OPS, OR&R, OCS).

Additionally, the data center houses data for approximately one hundred local personnel for three

NOS program offices and also serves as the disaster recovery center for these programs should data in Silver Spring, MD, be compromised impacting critical NOAA missions.

10. List of the sources that expressed a written interest in the acquisition.

Sno Valley Process Solutions, Inc.

11. A statement of the actions, if any, the agency may take to remove or overcome any barriers to competition before any subsequent acquisition for the supplies or services required.

The Government will continue to conduct thorough market research to gauge the marketplace capabilities for future requirements. The Government will seek competition of future acquisitions for these services.

12. Technical/Requirements Representative Certification

I certify that this requirement constitutes the Government’s minimum needs and the supporting data provided herein is accurate and complete to the best of my knowledge and belief.

13. Contracting Officer’s Certification and Approval

I certify this justification is accurate and complete to the best of my knowledge and belief.

NIELSEN.NOAH.NEIL

JOSEPH.1473871820

Digitally signed by NIELSEN.NOAH.NEIL

JOSEPH.1473871820

Date: 2019.08.08 08:26:32 -07'00'

Noah Nielsen Date Contracting Officer

14. Office of General Counsel Concurrence

Concur

SEE EMAIL

James Rhodes Date Office of General Counsel