JA signed.pdf

CUI//SP-PROCURE//FED ONLY

Justification for Other than Full and Open Competition – FAR Part 13 Acquisitions under the SAT

CUI//SP-PROCURE//FED ONLY

V 1.6 (20 December 2023)

DISTRIBUTION: DoW COMMUNITY ONLY

MEMORANDUM TO THE FILE

Subj: JUSTIFICATION OF OTHER THAN FULL AND OPEN COMPETITION FOR A

FAR PART 13 ACQUISITION UNDER THE SIMPLIFIED ACQUISITION

THRESHOLD

I. BACKGROUND:

1. FAR 13.106-1(b)(1)(i) states for purchases not exceeding the simplified acquisition threshold, Contracting Officers may solicit from one source if the Contracting Officer determines that the circumstances of the contract action deem only one source reasonably available (e.g., urgency, exclusive licensing agreements, brand-name or industrial mobilization).

2. As required by FAR 13.106-3(b)(3)(i), this memorandum explains the absence of competition for this acquisition, as only one source will be solicited for this requirement (or for a portion of the requirement) and the requirement (or portion of the requirement to be sole-sourced) is not expected to exceed the simplified acquisition threshold.

II. DESCRIPTION OF ITEM OR SERVICE:

Thermo-Trol Systems will provide preventative maintenance (PM) and dedicated hardware maintenance services for the Automated Logic Corporation (ALC) Building Automation Systems (BAS) / Direct Digital Controls (DDC) located at 1775 Forrestal Drive, Norfolk, VA 23551.

The Contractor shall provide all necessary labor, equipment, tools, parts, and services to perform scheduled maintenance, diagnostics, and repairs on the facility's ALC BAS. Specific deliverables and services include:

• System Analytics and Reporting: Semi-annual visits to provide Occupancy Schedule, Building Setpoint, Locked Value, Zone History, and Critical Alarms reports.

• System Maintenance & Security: Provision and installation of critical ALC WEB CTRL software patches, driver/firmware updates, and periodic off-site database backups.

• Program Management & Training: Annual system reviews, continuous telephone/online support, and regular on-site staff development/training.

• Hardware Support: Diagnostics, repair, and replacement of DDC control boards and network communication modules to ensure 100% system connectivity.

• Optional Contingency: 32 hours per year of optional DDC service labor for ancillary repairs beyond the standard scope.

III. THE DETERMINATION FOR USE OF OTHER THAN FULL AND OPEN

COMPETITION IS BASED ON THE FOLLOWING (select all that apply):

A. ___ ONLY ONE RESPONSIBLE SOURCE (select all that apply):

1. ___ RESTRICTIVE RIGHTS. The source has established proprietary rights, limited rights in data, patent rights, copyrights or secret processes in the item or service required.

Controlled by: DON, USMC, I&L HCA Controlled by: MARFORCOM KO CUI Category(ies): PROCURE Limited Dissemination Control: FED ONLY POC: Nichole Dewitt (757)445-1545

CUI//SP-PROCURE//FED ONLY

V 1.6 (20 December 2023)

DISTRIBUTION: DoW COMMUNITY ONLY

2. ___ EXCLUSIVE LICENSING AGREEMENTS. The item or service is only available from the Original Equipment Manufacturer (OEM), or there is only one authorized distributor or technical representative for the OEM.

3. ___ OTHER REASONS.

Thermo-Trol Systems is the original provider, installer, and current maintainer of the existing Automated Logic Corporation (ALC) HVAC automation systems. Keeping the same vendor is the most advantageous approach to the Government for several critical reasons:

• System Interoperability and Cost Avoidance: The current equipment installed throughout the building relies entirely on the ALC network. If another contractor were utilized, the existing DDC hardware, communication modules, and control boards would have to be removed and replaced to ensure compatibility with a different proprietary system. This would incur massive, duplicated hardware and installation costs.

• Mission Continuity: Replacing the underlying control network would cause the building to lose all HVAC capability for an extended period while existing sensors and boards are removed and replaced. This would present an unacceptable disruption to personnel and sensitive mission equipment.

• Proprietary Access: Thermo-Trol Systems possesses the specific expertise and access necessary to furnish and install the manufacturer’s proprietary ALC WEB CTRL software fitness updates, security patches, and firmware updates seamlessly without voiding warranties or causing system conflicts.

B. BRAND NAME

Complete is requesting a brand-named item.

C. ___URGENT AND COMPELLING. The supplies or services are of such unusual and compelling urgency that the Government would be seriously injured unless the agency is permitted to limit the number of sources from which it solicits bids or proposals. Urgent requirements are supplies or services that will result in a work stoppage or are mission critical and the routine processing time would result in injury to the Government. The determination that the procurement for the above item/service is an urgent and compelling requirement is based on the following:

1. Date on which the requirement was first identified: 30 June 2026

2. Required delivery date/period of performance:

• Base Year: July 31, 2026 - August 1, 2027

• Option Year 1: July 31, 2027 - August 1, 2028

• Option Year 2: July 31, 2028 - August 1, 2029

CUI//SP-PROCURE//FED ONLY

V 1.6 (20 December 2023)

DISTRIBUTION: DoW COMMUNITY ONLY

3. Explanation of why delivery/commencement of services by the date mentioned above is required.

• Cybersecurity & Network Compliance: Delaying this maintenance contract extends the facility's exposure to unpatched software vulnerabilities and outdated firmware. Failing to apply ALC WEB CTRL updates could jeopardize the system's Authority to Operate (ATO) on the Government network.

• Mission Operations & Equipment Failure: The ALC BAS requires active hardware maintenance for its communication modules. A loss of automated HVAC control due to a failing control board could threaten sensitive mission equipment, disrupt operations, and compromise personnel safety.

• Increased Costs via Emergency Response: Allowing the existing system to run unmonitored shifts the requirement from a planned, cost-controlled maintenance strategy to an emergency repair posture, resulting in significantly higher labor rates and equipment downtime.

V. CERTIFICATIONS:

A. Technical / Requirements Certification: I certify that the facts and representation under my cognizance which are included in this justification are complete and accurate to the best of my knowledge and belief.

Abraham Egley/757-444-7766 ____________________ Signature Name (Printed) / Phone # Date

B. Contracting Officer Certification: I certify that this justification is accurate and complete to the best of my knowledge and belief.

____________________ Nichole Dewitt/ 757-445-1545 Signature Name (Printed) / Phone # Date