J_A_140L0625B0004.pdf

United States Department of the Interior

BUREAU OF LAND MANAGEMENT

https://www.blm.gov

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

NORTHWEST OREGON DISTRICT HVAC SYSTEM IMPROVEMENTS

This document sets forth the justification and approval as required by FAR 6.301.

1. Identification of the Agency and the Contracting Activity:

The Department of the Interior, Bureau of Land Management (BLM), Northwest Oregon (NWO)

District office at 1717 Fabry Road SE Salem, OR 97306 requests the National Operations Center acquisition office at Denver Federal Center, Bldg. 85 Denver, Colorado 80225-0047, to contract on a limited or sole source basis.

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

The Government requires the brand name Metasys® Building Automation System (BAS), whose

Metasys® software is proprietary to Johnson Controls International PLC (JCI). As outlined in FAR

6.302-1, this document justifies that only one responsible source and no other supplies and services will satisfy agency requirements.

3. A description of the Supplies or Services required meeting the Agency’s needs, including the estimated value:

The project is a construction requirement for HVAC (heating, ventilating, and air conditioning) system improvements, estimated at a total value of , to enhance operation and productivity at the Northwest Oregon District Office. The agency’s building energy management efforts will replace the existing, antiquated, and non-functional original direct digital control (DDC) interface running the office HVAC system, with a Johnson Controls International PLC

Metasys® control system.

The total value of the Metasys® software and a JCI certified staff for its programming is estimated at

4. An identification of the statutory authority permitting other than full and open competition:

41 U.S.C. 3304 (a) (1), only one responsible source and no other supplies or services will satisfy agency requirements as implemented by FAR 6.302-1.

5. A demonstration that the proposed contractor’s unique qualifications or the nature of the acquisition requires use of the authority cited:

Johnson Controls International PLC (JCI) is uniquely qualified to provide the Metasys® control system including its software to the Bureau of Land Management (BLM), based on the following:

a. Metasys® controls are the only integration system permissible on the BLM Network to allow HVAC system remote monitoring and troubleshooting. Referencing the April 2012

Security Impact Analysis, Metasys® is the only BLM IT Security Program-approved, building automation/energy management system allowed to be connected to the BLM network. Obtaining this permission took nearly four years. Currently, there are over 40

BLM buildings in eight states that use the JCI Metasys® building automation/energy management hardware/software to control their HVAC systems. The subject project will increase that number by one. The BLM Data Center building in Denver, Colorado hubs agency data networks nationwide; and through the Metasys® interface, authorized users can access the Data Center using a computer on the BLM Network. Because BLM facility assets are geographically spread out throughout the west, facility managers are not always located in the buildings they support. Having Metasys® communicate on and available to the BLM Network, allows real time interaction with HVAC systems regardless of the user’s location.

b. Metasys® is a proprietary software system. Johnson Controls International PLC (JCI) uses an open protocol communication language called BACnet which is not proprietary, however the integration of the DDC system into a central building automation system is programmed through a proprietary interface software called “Metasys.” The

Metasys® software provides building-wide logic that directs the actions of the individual pieces of equipment, to function as a cohesive system. Which includes occupied and unoccupied times of the day or when a temperature control zone is too cold to activate heating from the central boiler system. Each piece of HVAC equipment requires direction and the Metasys® provides this direction in addition to a graphical user interface, that

BLM facility managers and engineers use to troubleshoot and track issues. While JCI is among several DDC integrators able to install control sensors and devices that operate

HVAC systems that meet building occupants’ comfort goals, only JCI can install and license the use of its Metasys® software. In sum, the Metasys® is a proprietary software system has unique qualifications and/or specialized capabilities that are not prevalent in the marketplace.

6. A 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:

In accordance with FAR 5.102(a)(6), the government will post this justification in conjunction with the solicitation via the System for Award Management (SAM). This will provide potential offerors with an opportunity to specify an alternative solution if they believe this justification is improper.

7. A determination By the Contracting Officer that the anticipated cost to the Government will be fair and reasonable:

The contracting officer determines that the anticipated cost to the Government will be fair and reasonable. The Government intends to include the sole source within a competitive construction solicitation. It is anticipated that numerous small businesses will provide offers in response to the solicitation. As a result, the Government believes competitive market forces will assist in receipt of the most advantageous price for items encompassed within the brand name requirement.

8. A description of the Market Research conducted (see FAR Part 10) and the results or a statement of the reason Market Research was not conducted:

Market research was conducted in accordance with FAR 10.002(b)(2) to determine if any other product could satisfy agency requirements under the specific circumstances. Through research, it was found that this type of software is proprietary and must be installed by Johnson Controls

International PLC.

9. Any other facts supporting the use of Other Than Full and Open Competition, such as: (i) explanation of why technical data packages, specifications, engineering descriptions, statement of work, or purchase descriptions suitable for full and open competition have not been developed or are not available, (ii) When 6.302-1 is cited for follow-on acquisitions as described in 6.302-1(a)(2)(ii), an estimate of the cost to the Government that would be duplicated and how the estimate was derived.,

(iii) When 6.302-2 is cited, data, estimated cost, or other rationale as to the extent and nature of the harm to the Government.

The Government doesn’t own the data or the rights to the data needed to contract the purchase of

Metasys® software from other sources. It has been determined to be uneconomical to buy the data or rights to the data. Further it is uneconomical to reverse engineer the Metasys® software.

9. A listing of the sources, if any, that expressed in writing, an interest in the acquisition:

None.

10. 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:

Continuous market research will be performed to ensure that the Government is aware of compatible products/systems if/when they become available. Additionally, any acquisitions that allow integration of a new system will be made available to all offerors with similar capabilities and products.

11. Certification:

I certify that any supporting data that is the responsibility of technical or requirements personnel (i.e.

verifying the Government’s minimum needs or schedule requirements or other rationale for other than full and open competition) and which form a basis for the justification have been certified as complete and accurate:

(Signature)________________________________________ (Date) _______________________

Joshua Burris Mechanical Engineer and Technical Representative – BLM NOC

I certify that the justification is accurate and complete to the best of my knowledge and belief:

(Signature) _______________________________________ (Date) _______________________

Jonathan Peterson Contract Specialist -BLM NOC

Reviewed/Concur/Approved by:

(Signature) _______________________________________ (Date) _______________________

Nathan Roush Contracting Officer and Section Chief, Construction and A&E Contracting – BLM NOC