BoggsBASIJ A.pdf

(RECOVERY) J&A 6.302-1 FOR

OTHER THAN FULL AND OPEN COMPETITION\

BUILDING AUTOMATION SYSTEM (BAS) UPGRADE at the J. CALEB BOGGS

COURTHOUSE, WILMINGTON, DE

UNDER 41 U.S.C. 253 (C) (1)

1. Identification of Agency and Contracting Activity:

This document is hereby identified as a „Justification for Other than Full and Open

Competition‟ prepared by the General Services Administration – Region 3.

2. Nature or Description of Action Being Approved:

This office proposes to procure, utilizing a sole source award, to install new Honeywell software to the Building Automation System (BAS) and the associated HVAC components at the J. Caleb Boggs U.S. Courthouse and Federal Building, in Wilmington, DE. The resultant contract number will be GS-03P-10-AZ-C-0031.

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

This procurement is required to install upgraded software to the existing Honeywell BAS in order to take advantage of the latest security patches and feature enhancements that will monitor and control the building’s energy usage. The Honeywell Enterprise Building Integrator (EBI) system license point count will be increased from 2000 to 3000 to allow for the additional areas being monitored by the BAS. The EBI Energy Manager module will be added to the BAS for gathering and utilizing data from both on site sources (e.g. meters, flow sensors, temperature sensors, etc.) as well as external sources (e.g. forecasted weather reports, and utility pricing signals) in order to provide optimized operation of the enterprise and to allow the Government to make effective cost reduction decisions. In addition, Honeywell hydronic controllers will be installed at each finned tube radiator, unit ventilator, or cabinet heater in order to connect the HVAC equipment to the BAS. Also the lighting control relay panels located near the panelboards that serve the corridors on each floor will be added and controlled by the BAS system. The estimated total value of this contract will be between $100,000.00 and $250,000.00.

4. Identification of Statutory Authority:

The statutory authority, 41 U.S.C. 253 (c) authorizes under certain conditions, contracting without providing for full and open competition. The Federal Acquisition Regulation permitting other than full and open competition for this procurement shall be 6.302-1, „Only one responsible source and no other supplies or services would satisfy agency requirements‟. Per FAR 6.302-1 (b)(1), agencies are permitted to utilize this authority contingent upon a reasonable basis that the agency’s minimum needs can only be satisfied by unique supplies or services available from only one source or only one supplier with unique capabilities.

5. Demonstration that the Acquisition Requires Use of this Authority cited:

The General Services Administration has identified CTS-WW,JV, 115 W. Mulberry Street, Baltimore, MD as the only responsible source due to its unique position as the incumbent Operation and Maintenance (O&M) contractor at the Boggs Courthouse and Federal Building, Wilmington, DE. As the O&M contractor, CTS-WW,JV is currently responsible for operation and maintenance of the BAS, and at the completion of the BAS upgrades, they will be responsible for the operation, maintenance, and incidental repair of the equipment under the terms of their O&M contract. In order to avoid disputes and to assess responsibility of problems that may arise with this equipment after the project’s completion, it is in the best interest of the Government to sole source this project to CTS-WW,JV, and not seek competition. In addition, the contractor’s personnel are very familiar with the Honeywell proprietary software and can ensure a smooth transition from the current software to the new software upgrades without adversely affecting the building’s operating systems.

6. Description of Efforts To Ensure that Offerors are Solicited from as Many Sources as is Practicable:

In accordance with FAR 5.203, a pre-solicitation notice shall be published in the Government Point of Entry system (FedBizOpps) at least fifteen (15) days before issuance of a Request For Proposal (RFP) to CTS-WW,JV. The notice shall read, “informational purpose only” in accordance with the Recovery Act reporting requirements.

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

It is anticipated that the cost to the Government will be fair and reasonable based on the previous estimates the contractor has given to the Government to perform similar type and/or size projects.

8. Description of the Market Survey Conducted and the Results:

A market survey was not conducted as it is proposed that the contractor being solicited is capable of completing the required services in accordance with the work requirements.

9. Other facts Supporting the Use of Other than Full & Open Competition:

The primary rationale supporting the use of CTS-WW,JV is to protect the Government’s best interest in terms of assessing responsibility should any problems arise with the new BAS upgrades or newly installed HVAC components. By having only one contractor responsible for the installation, operation and maintenance of the new equipment, the