FAR-Part6-JA-Other than Full and Open.pdf

Version – September 2018 FOR OFFICIAL USE ONLY

JUSTIFICATION REVIEW DOCUMENT

FAR PART 6 JUSTIFICATION AND APPROVAL FOR OTHER THAN

FULL AND OPEN COMPETITION

Program/Equipment: Johnson Control / DDC/Metasys System

Authority: 10 U.S.C. 2304(c)(1) as implemented by FAR Part 6.302-1 -- Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements.

Amount: $76,243.00 Total including base and 3 option years

Prepared by: James Brotherton DSN: 580-4007 Facility Manager Date: 9 Jun 20 Email: james.d.brotherton2.mil@mail.mil

Contracting Officer: Barry Beale DSN: 580-4237 Contracting Officer Date: 9 Jun 20 Email: barry.b.beale.mil@mail.mil

Technical: Jeremy Ferguson DSN: 580-4009 Base Civil Engineer Date: 9 Jun 20 Email: jeremy.s.ferguson.mil@mail.mil

FAR Part 6 Justification and Approval for Other than

Full and Open Competition

1. Contracting Activity: 180th Fighter Wing/MSC

2660 South Eber Road, Swanton, OH 43558

2. Description of Action: 180th CES requests a Firm Fixed Price contract with Johnson Controls, Inc., 3661 Briarfied Blvd, Maumee, OH 43537. The Government projects award for June 2020 and fiscal year 2020, Operations and Maintenance funds will be used.

3. Description of Supplies/Services: Contractor will furnish all labor, equipment, tools, appliances, transportation, materials, and quality control reports required to support DDC services for HVAC on 180th Toledo base.

Base Period: _ June 2020_ to _31 May 2020_ Value: $76,243.00 Option Period 1: _ June 1, 2021_ to _31 May 2022_ Value: $41,849.00 Option Period 2: _ June 1, 2022_ to _31 May 2023_ Value: $43,104.00 Option Period 3: _ June 1, 2023_ to _31 May 2024_ Value: $44,397.00

Total:$205,593.00

4. Authority Cited: 10 U.S.C. 2304(c)(1), as implemented by FAR 6.302-1, Only one responsible source and no other supplies or services will satisfy agency requirements.

5. Reason for Authority Cited:

Address why the proposed acquisition MUST be accomplished through other than full and open competition, and why the authority in paragraph 4 applies. Provide a well-reasoned, detailed discussion of the rationale that will make it crystal clear to someone who has never heard of your organization or your requirement to substantiate why full and open competition cannot be used for this procurement.

(a) Identify the specific subparagraph of the authority cited and include the full text of the FAR for that subparagraph.

As described at FAR 6.302-1(a)(2), when the supplies or services required by the agency are available only from one responsible source, or for DoD, NASA and the Coast Guard, from only one or a limited number of responsible sources, and no other types of supplies or services will satisfy agency requirements, full and open competition need not be provided for. If brand name, add the following: As further described in FAR 6.302- 1(c), an acquisition or portion of an acquisition that uses a brand-name description or other purchase description to specify a particular brand-name, product, or feature of a product, peculiar to one manufacturer does not provide for full and open competition, regardless of the number of sources solicited; and shall be justified and approved in accordance with FAR 6.303 and 6.304.

Johnson Control Inc, is the proposed sole source for the following reasons. The cited authority is applicable, because the installation originally completed and awarded contracts and invested in environmental control system throughout the base. Each building that has a HVAC system has a DDC/Metasys system control.

The reason other brand equipment cannot fulfill the Government’s needs and why this is a unique and specialized requirement is because even if an alternate vendor’s system did use the same controls, the DDC/Metasys system uses proprietary codes, which would not recognize the signal, and notifications would not be received. Therefore, trying to retrofitting other manufactures equipment with the Johnsons Controls equipment is not possible.

Johnson Controls is the only source available to provide these services without disruption since they have the qualified staff and manpower to perform the services. The services required for operation and maintenance services of JCI equipment require an enhanced level of skills not readily available in HVAC technicians and/or mechanics. For example, the HVAC equipment operates on the Direct Digital Control (DDC) system and utilizes the Building Automation and

Control Network (BACNET) computer language. Although this language is considered a common communication language that may be in use at other large organizations, the application at JCI is considered unique due to the security measures in place with resultant network limitations and restrictions. A working knowledge of the DDC/Metasys system is required in order to perform adequate preventative maintenance, perform predictive preventive maintenance, i.e., analyze reports for potential problems, trouble shoot, or problem solve individual situations, and program equipment as required.

6. Efforts to Obtain Competition: In accordance with FAR 5.202(a)(10), this action will not be synopsized.

a. Effective Competition: Because this is a sole source action, effective competition is not applicable.

8. Market Research: Within the past twelve months, market research has been obtained during the ongoing construction renovations projects that involve HVAC repairs/renovations and DDC controls. Some of the same sources involved in the various construction renovation projects also have capabilities that include maintenance and repair services. However, for reasons discussed previously, it is not reasonable to replace our complete system or have dual systems for monitoring the DDC/Metasys system.

10. Other Facts:

a. Procurement History:

(1) Contract numbers of the last several contracts for these same requirements.

W91364-12-P-0241, W91364-11-P-0384, W91364-10-P-

0123, W91364-13-P-0169, W9136416P0045

Include the below paragraphs only if applicable:

b. Class J&A: This Class J&A will cover all future actions for these items/services (as appropriate). Each action will be supported by a memorandum for record stating the action is within the scope of the class J&A in each contract file.

11. Technical Certification: I certify 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..

Typed Name: Jeremy Ferguson, Lt Col Date: 9 Jun 20 Title: Base Civil Engineer Signature:

13. Fair and Reasonable Cost Determination: I hereby determine that the anticipated cost or price to the Government for this contract action will be fair and reasonable.

This determination will be made using the following: ☐ cost analysis ☐ price analysis

☐ should cost ☒ IGCE ☐ audit: ☐ other:

As a part of this basis, certified cost or pricing data:

☐ will be required.

☒ will not be required and the following exception applies (FAR 15.403):

☒ A commercial item is being acquired.

☒ The estimated cost of the contract action is less than the threshold for certified cost or pricing data.

Typed Name: Christopher Gonzales Date: 9 Jun 20 Title: Contracting Specialist Signature:

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

Based on the foregoing justification, I hereby approve the procurement of Johnson Control / DDC/Metasys System for the estimated amount of :$205,593.00 on an other than full and open competition basis pursuant to the authority of 10 U.S.C.2304(c)(1), subject to availability of funds, and provided that the services or property herein described have otherwise been authorized for acquisition.

Typed Name: Barry Beale Date: 9 Jun 20 Title: Contracting Officer Signature: