JA - Over SAT JM.pdf

Attachment 7: Request for Sole Source Justification Format >SAT

VHAPG Part 806.3 OFOC Page 1 of 4

Revision: 01

Effective Date: 04/01/23

DEPARTMENT OF VETERANS AFFAIRS

Justification and Approval (J&A)

For

Other Than Full and Open Competition (>SAT)

Acquisition Plan Action ID: 36C248-24-AP-0202

2237#: 573-24-1-3023-0019

1. Contracting Activity: Department of Veterans Affairs (VA), Regional Procurement Office-East (RPO-E), Network Contracting Office-8 (NCO-8), Malcolm Randall VA Medical Center (MRVAMC), Gainesville, FL. Requesting Activity – Engineering, David Hunter, AC Controls Supervisor (352)548- 6000 ext. 106931.

2. Nature and/or Description of the Action Being Processed: The contracting activity at NF/SG VAMC proposes to procure by other than full and open competition services for BAS Control Maintenance. Award will be a fixed-price contract consisting of a base year with four (4) - one (1) year options with quarterly maintenance. Option Years are in the best interest of the government to avert redundant processes. BAS Control Maintenance is not IT related. We are not procuring IT equipment or services, therefore FITARA does not apply.

3. Description of Supplies/Services Required to Meet the Agency’s Needs: The Malcom Randall VA Medical Center has a new requirement for BAS Control Panel Maintenance. Over 200 patient rooms/beds controlled by a Siemens Building Automation System. The controller panels for this system must be maintained, according to manufacturer specifications. A service contract will provide annual preventative maintenance to efficiently maintain temperatures to these rooms. This is a follow-on requirement.

A repair technician will be provided four days a month to perform the following preventative maintenance and routine maintenance on the following Siemens controls.

• 1 Siemens Building Automation System Server in the Server Room

• All Siemens Building Automation System Field Panels

• All Siemens Building Automation System Room HVAC Controls

The requirement is for quarterly maintenance of the BAS Control System.

The estimated Price Schedule is as follows:

Base $150,000.00

OY 1 $235,000.00

OY2 $247,928.00

$632,928.00

VHAPG Part 806.3 OFOC Page 2 of 4

The estimated contract value including all options is $632,928.00. Anticipated award date is Mar 15, 2024 with contract performance (to include all options) through Mar 14, 2027.

4. Statutory Authority Permitting Other than Full and Open Competition: FAR 13.5

Simplified Procedures for Certain Commercial Items. The statutory authority for applying the

Simplified Procedures for Commercial Items of FAR 13.5 is 41 U.S.C. § 1901 and is implemented by FAR 13.106-1(b)(2) for restricting competition on this procurement.

Competition is restricted on this procurement for the reason below:

( X ) (1) Only One Responsible Source and No Other Supplies or Services Will Satisfy

Agency Requirements per 41 USC §3304(a)(1) as implemented by FAR 6.302-1;

( ) (2) Unusual and Compelling Urgency per 41 USC §3304(a)(2) as implemented by FAR

6.302-2;

( ) (3) Industrial Mobilization, Engineering, Developmental or Research Capability or Expert Services per 41 USC §3304(a)(3) as implemented by FAR 6.302-3;

( ) (4) International Agreement per 41 USC §3304(a)(4) as implemented by FAR 6.302-4

( ) (5) Authorized or Required by Statute per 41 USC §3304(a)(5) as implemented by FAR

6.302-5;

( ) (6) National Security per 41 USC §3304(a)(6) as implemented by FAR 6.302-6;

( ) (7) Public Interest per 41 USC §3304(a)(7) as implemented by FAR 6.302-7;

5. Demonstration that the Contractor’s Unique Qualifications or Nature of the

Acquisition Requires the Use of the Authority Cited Above (applicability of authority):

The Siemens Building Automation System and its controls are proprietary to Siemens Industry. They are the only vendor authorized to perform software and firmware maintenance and updates as needed on the controls and panels. Service by other vendors would void any warranty on parts or workmanship. Points in the field panels can only be addressed by certified/trained Siemens technicians.

6. Description of Efforts Made to ensure that offers are solicited from as many potential sources as deemed practicable: Market Research efforts through Vendor Information Pages (VIP), Contract Opportunities, CO and VA customer knowledge and prior contract experiences yielded 2,498 potential SDVOSB/VOSB vendors. A Sole Source Notice will be posted to Contract Opportunities.

7. Determination by the CO that the Anticipated Cost to the Government will be Fair and

Reasonable: The Contracting Officer will determine price fair and reasonable with techniques and procedures as set in FAR 13.106-3. Further, the anticipated estimated price of this long-term procurement is $632,928.00 (Base Yr $150,000.00) for one 12-month Base Period, plus two 1 yr option periods. This includes all the services listed above. The previous contract was awarded to Siemens Industry as a Sole-Source Contract 36C24819F0023 Option Yr 4, in the total amount of $119,016.00. Price fair and reasonableness analysis will be conducted after the receipt of the vendor’s quote, and prior to contract award.

VHAPG Part 806.3 OFOC Page 3 of 4

Effective Date: 04/01/23

8. Description of the Market Research Conducted and the Results, or a Statement of the

Reasons Market Research Was Not Conducted: As described in Section 6 above, market research, in accordance with FAR Part 10, was conducted of the proposed acquisition advising the industry of pending acquisition and solicitation to interested parties.

A search of the VIP website under NAICS 561210 – Temporary Shelter, yielded four 2,498 results.

None of the vendors are authorized to perform maintenance on the Siemens BAS Control System.

Based on previous MR from the last contract (36C24819F0023) only Siemens was authorized to perform maintenance. Any warranties would otherwise be voided.

9. Any Other Facts Supporting the Use of Other than Full and Open Competition:

Siemens has the only certified, licensed technicians to perform the type and level of maintenance described above.

10. Listing of Sources that Expressed, in Writing, an Interest in the Acquisition:

Only Siemens Industry, LB, is the incumbent contractor currently providing services to MRVAMC.

The Siemens Building Automation and Control System is installed in the Hospital. The system is proprietary, and Siemens is the only ones who can support the system with software and firmware upgrades. Controller panels will need to have firmware installed in them by Siemens. Points in the field panels will need to be addressed by Trained Siemens technicians. Siemens technicians need to be used for all programming of the field panels. .

11. 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: A non-competitive RFQ seeking a long-term, 3-year contract is being developed by NCO 8. An Option to Extend Services (-8) will be used issued. The anticipated release date of the RFQ is Feb 15, 2024. The projected start date of the new contract is Mar 15, 2024.

12. Requirements Certification: I certify that the requirement outlined in this justification is a

Bona Fide Need of the Department of Veterans Affairs and that the supporting data under my cognizance, which are included in the justification, are accurate and complete to the best of my knowledge and belief.

David Hunter Date

AC and Control Shop Suervisor

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13. Approvals in accordance with the VHAPM Part 806.3 OFOC SOP:

a. Contracting Officer or Designee’s Certification (required): I certify that the foregoing justification is accurate and complete to the best of my knowledge and belief.

Todd Pappas Date

Contracting Officer

Contracting (NCO 8)

b. One Level Above the Contracting Officer (Required over SAT but not exceeding

$750K): I certify the justification meets requirements for other than full and open competition.

Jorge Munoz Date

Branch Chief, NF/SG Services Contracting, NCO-8 https://dvagov.sharepoint.com/sites/VHAProcurement/VHAPM/VHAPM_Part_806.3.aspx