J A_Delta_Controller_Redacted.pdf
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U.S. General Services Administration Project Support Branch
Public Buildings Service (PBS) Auburn, WA 98001-6599
GSA Northwest/Arctic Region
Sole Source Justification (Simplified Acquisitions $2,500 to $100K) Prepared in the format at FAR Part 6.303-2
(1) Identification of the agency and the contracting activity, and specific identification of the document as a “Justification for other than full and open competition.”
The requiring activity is General Services Administration (GSA), Public Buildings Service (PBS), Region 10, Project Support Branch. The contracting activity is GSA, PBS, Region 10, Acquisition Solutions Branch (10PQC). The PBS point of contact for this action is Min Kim, Contract Specialist, who can be reached at (253) 931-7081 or min.kim@gsa.gov.
(2) Nature and/or description of the action being approved.
This justification is requested due to the requirement for brand name equipment and services, specifically authorized Delta brand Controls Specialists to perform installation of a new main processor (one eBMGR enteliBUS Manager), multiple eBM-404 enteliBUS Module – 4 inputs and 4 triac outpus, 1 eBM-800 enteliBUS Module – 8 inputs, 1 eBX-08 enteliBUS expander backplane – 8 slots, as well as associated configuration, and programming work to ensure proper operation of the three McQuay rooftop HVAC units with the existing Delta Brand Direct Digital Control (DDC) system install in Building 7 at the GSA facility in Auburn, WA. The controller and associated services will be procured as a sole source directly to Delta Connects, the local authorized agent for Delta Controls, the manufacturer of the DDC system.
Building 7 is experiencing issues with the existing interface which is prevent proper operation of the building and limited control. The new controller will provide more visibility to the building level Delta control system.
(3) A description of the supplies or services required to meet the agency’s needs (including the estimated value).
The proposed Rooftop Unit (RTU) controllers retrofit will provide improved comfort and reliability to the operation of the three existing McQuay packaged Rooftop Units. Delta Connects is providing both hardware and programming of these new RTU controllers to tie-in to the existing building level control system at Warehouse 7. The estimated value of this service and equipment is approximately for material and for labor).
(4) An identification of the statutory authority permitting other than full and open competition.
This acquisition is being conducted under the authority of Title 41 U.S.C. 3304 subsection (a)(1), as implemented in Federal Acquisition Regulations (FAR) Subsection 6.302-1, allows for other than full and open competition when there is only one or a limited number of responsible sources, and no other type of supplies or services will satisfy agency requirements.
(5) A demonstration that the proposed contractor’s unique qualifications or the nature of the acquisition requires use of the authority cited.
FAR 6.302-1 provides for the use of the above authority when unique supplies or services from or a limited number of sources or from only one or a limited number of suppliers with
Public Buildings Service (PBS) Auburn, WA 98001-6599
GSA Northwest/Arctic Region unique capabilities. This application of authority applies for the above listed items as only products these products integrate with the existing building system. The unique components/services listed in Section 3 above are required for several reasons (1) the components are additions to installed systems where interoperability and configuration control is critical; and (2) some services are required to be provided by manufacturer’s authorized installers/programmers/other representatives to maintain existing warranties.
Delta Connects is the regional authorized dealer of Delta Controls. The existing building level controls at the Warehouse 7 building at 1901 C Street SW, Auburn, WA 98001 is from Delta Automation Systems. Delta Connects has sent in a letter to GSA stating that Delta Building Automation Systems is highly technical and requires factory trained personnel to service and support. Warranty coverage provided by Delta Building Automation Systems for ongoing projects on-site is contingent upon maintaining the system up to date performed by factory trained Delta Controls technicians. As a result ongoing support services on Delta Building Automation Systems can only be provided by Delta Connects.
(6) A description of efforts made to ensure that offers are solicited from as many potential sources as is practicable, including whether a notice was or will be publicized as required by Subpart
5.2 and, if not, which exception under 5.202 applies.
Due to the proprietary status of the product and services as identified in the letter discussed in Section (5) above, only Delta Controls authorized dealers can provide for the requirement The Project Manager has consulted professional technical sources, including the Region 10 SME for Building Automation System. The result is that Delta Connects is the sole local authorized Delta Controls provider of factory trained technicians to work on the existing building level control system already maintained by Delta Connects. Competition between dealers is not allowed by Delta Controls.
(7) A determination by the contracting officer that the anticipated cost to the Government will be fair and reasonable.
The contracting officer will take sufficient measures to ensure the prices/costs proposed are fair and reasonable and render a determination of such in a Price Negotiation Memorandum (PNM). The PNM will capture the pricing environment, information relied upon, price/cost analysis conducted, findings, and basis for such determination, as well as documents the best value decision.
The contracting officer will solicit comments from the appropriate PBS personnel and Subject Matter Expert (SME) regarding technical criteria listed RFQ and Pricing information including types and quantities of labor hours, reasonableness of the labor mix, and reasonableness of travel proposed. The contracting officer will evaluate Pricing in accordance with the RFQ, including verification the rates proposed by the Offeror.
The Government estimate is based upon price estimates developed from historical data for similar work. Historical contractual information from Comprizon verified that Delta Connects has provided Delta Building Automation System network migration in Region 10 as recently as August 2015.
Public Buildings Service (PBS) Auburn, WA 98001-6599
GSA Northwest/Arctic Region
(8) A 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 through GSA Advantage e-Library, the Internet, and through direct contact with Delta Controls. As Delta Building Automation Systems is proprietary in nature and the current warranties require the use of Delta Automation Systems qualified technicians, competition could not be sought for this procurement as only one source has the ability to satisfy this requirement.
In the future when major modifications to the building are contemplated, GSA will review the market to determine if a more viable non-proprietary and cost effective solution is available.
(9) Any other facts supporting the use of other than full and open competition.
As Delta Building Automation Systems is proprietary in nature and the current warranties require the use of Delta Automation Systems qualified technicians, competition could not be sought for this procurement as only one source has the ability to satisfy this requirement. As such technical data packages, specifications, engineering descriptions, statements of work, or purchase descriptions suitable for full and open competition have not been developed.
As Delta Building Automation Systems is proprietary in nature and the current warranties require the use of Delta Automation Systems qualified technicians, competition could not be sought for this procurement as only one source has the ability to satisfy this requirement. As such technical data packages, specifications, engineering descriptions, statements of work, or purchase descriptions suitable for full and open competition have not been developed.
If the HVAC RTU controller is not replaced the building will remain in a degraded status with heating and cooling continuing to not operate properly. Building operations will continue to be impacted negatively. A whole DDC and building automation system (BAS) replacement could be utilized to fix the problem, but this solution would cost in excess of $200,000.00 based on historical data from other BAS replacement projects in the region.
(10) A listing of the sources, if any, that expressed, in writing, an interest in the acquisition.
No other sources were contacted once it was known that the Delta system was proprietary and could not be worked on by any other firm. As such no other sources expressed, in writing, an interest in the acquisition, as Delta Building Automation Systems is proprietary in nature and the current warranties require the use of Delta Automation Systems qualified technicians, competition could not be sought for this procurement as only one source has the ability to satisfy this requirement.
(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.
In the future the GSA will continue to periodically monitor the market to identify if any potential sources exist with products that are compatible with the existing systems and equipment. If such a source emerges, the GSA will assess whether full and open competition for future requirements is feasible.
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