JOFOC_Brand_Name_JCI_Signed.pdf

United States Department of the Interior

United States Wildland Fire Service

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

Na�onal Interagency Fire Center (NIFC)

NIFC 415 Duane Graves Building Replacement

Solicita�on 140L0624R0059

This document sets forth the jus�fica�on and approval as required by FAR 6.301.

1. Iden�fica�on of the Agency and the Contrac�ng Ac�vity:

The Department of the Interior, US Wildland Fire Service at the Na�onal Interagency Fire Center

(NIFC), requests the DOI acquisi�on office to contract on a brand name basis.

2. Nature and/or descrip�on of the ac�on being approved:

The government requires that controllers and equipment interfacing with the proprietary Metasys®

Building Automa�on System (BAS) be manufactured by Johnson Controls Interna�onal PLC (JCI), and that integra�on and programming of the system be done by a cer�fied company or cer�fied third party vendor. As outlined in FAR 6.302-1, this document jus�fies that only one brand name will sa�sfy agency requirements. Metasys® is currently in use for the buildings on the NIFC campus. This requirement is a very small component of a much larger construc�on project (NIFC 415 Duane

Graves Replacement) which is currently under solicita�on by the government.

3. A descrip�on of the Supplies or Services required mee�ng the Agency’s needs.

The project is a new building construc�on that requires the HVAC (hea�ng, ven�la�ng, and air condi�oning) system to interface with the Johnson Controls Interna�onal PLC Metasys® control system.

4. An iden�fica�on of the statutory authority permi2ng other than full and open compe��on:

41 U.S.C. 3304 (a) (1), this covers only the por�on of the acquisi�on which is brand-name or peculiar to one manufacturer and no other product will sa�sfy agency requirements as implemented by FAR

6.302-1.

5. A demonstra�on that the proposed contractor’s unique qualifica�ons or the nature of the acquisi�on requires use of the authority cited:

Johnson Controls Interna�onal PLC (JCI) is uniquely qualified to produce the Metasys® control system including its so>ware, based on the following:

a. JCI Metasys is a proprietary so>ware system.

Johnson Controls Interna�onal (JCI) is one of many DDC integrators able to install control sensors and devices to operate HVAC systems to meet occupant comfort goals in a building. JCI uses an open protocol communica�on language called BACnet which is not proprietary, but the integra�on of the DDC system into a central building automa�on system is programmed through a proprietary interface so>ware called “Metasys”. This so>ware provides building-wide logic that directs the ac�ons of the individual pieces of equipment to func�on as a cohesive system.

This includes occupied and unoccupied �mes of the day. Each piece of HVAC equipment requires direc�on and the Metasys provides this direc�on in addi�on to a graphical user interface that NIFC facility managers and engineers use to troubleshoot and track issues.

b. Metasys controls are the only method to connect to the NIFC Network to allow remote monitoring and troubleshoo�ng of the HVAC system.

JCI Metasys controls are connected to the BLM Network to allow remote monitoring and troubleshoo�ng of the HVAC system. NIFC currently has 18 buildings using the JCI Metasys building automa�on/energy management hardware/so>ware to control their HVAC systems.

This project will increase that number by one. Reliable and repeatable opera�on of the HVAC system is essen�al to provide adequate indoor environmental condi�ons in a facility that houses cri�cal fire support workers. The HVAC system for this building is complex with different requirements for the office/training areas. Balancing the air flow and maintaining appropriate temperatures in different zones in the building requires exper�se in Metasys so>ware that only cer�fied control technicians possess.

The system will consist of an open architecture that u�lizes EIA standard 709.1, the integral ANSI

/ ASHRAE™ Standard 135-1995 "BACnet" func�onality to assure interoperability between all system components.

Having Metasys communicate on and be available to the DOI Network allows real �me interac�on with HVAC systems regardless of the user’s loca�on. Metasys is the only building automa�on/energy management system allowed by NIFC to be connected to the DOI network.

GeNng this permission took almost four years. The Security Impact Analysis (April 2012) that approved the connec�on of Metasys to the DOI network may be provided as a separate document along with this sole source jus�fica�on.

6. A descrip�on of efforts made to ensure that offers are solicited from as many poten�al sources as prac�cable, including whether a no�ce was or will be publicized as required by FAR Subpart

5.2 and, if not, which excep�on under FAR 5.202 applies:

In accordance with FAR 5.102(a)(6), the government will post this jus�fica�on in conjunc�on with the solicita�on via the System for Award Management (SAM). This will provide poten�al offerors with an opportunity to specify an alterna�ve solu�on if they believe this jus�fica�on is improper.

7. A determina�on by the Contrac�ng Officer that the an�cipated cost to the Government will be fair and reasonable.

The contrac�ng officer determines that the an�cipated cost to the Government will be fair and reasonable. The Government intends to include the sole source within a compe��ve construc�on solicita�on. It is an�cipated that numerous small businesses will provide offers in response to the solicita�on. As a result, the Government believes compe��ve market forces will assist in receipt of the most advantageous price for items encompassed within the brand name requirement.

8. A descrip�on 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 sa�sfy agency requirements under the specific circumstances. Through research, it was found that Metasys is proprietary so>ware and the programming and controllers must be installed by a contractor cer�fied by Johnson Controls Interna�onal PLC.

9. Any other facts suppor�ng the use of Other Than Full and Open Compe��on, such as: (i) explana�on of why technical data packages, specifica�ons, engineering descrip�ons, statement of work, or purchase descrip�ons suitable for full and open compe��on have not been developed or are not available, (ii) When 6.302-1 is cited for follow-on acquisi�ons as described in 6.302-1(a)(2)(ii), an es�mate of the cost to the Government that would be duplicated and how the es�mate was derived., (iii) When 6.302-2 is cited, data, es�mated cost, or other ra�onale 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® so>ware 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® so>ware.

10. A lis�ng of the sources, if any, that expressed in wri�ng, an interest in the acquisi�on:

None.

11. A statement of the ac�ons, if any, the agency may take to remove or overcome any barriers to compe��on before any subsequent acquisi�on for the Supplies or Services required:

Con�nuous market research will be performed to ensure that the Government is aware of compa�ble products/systems if/when they become available. Addi�onally, any acquisi�ons that allow integra�on of a new system will be made available to all offerors with similar capabili�es and products. NIFC allows JCI or contractors who are not employed by JCI to work on the system if they are manufacturer cer�fied, so as addi�onal contractors receive the cer�fica�ons they will be allowed to work on the system.

12. Cer�fica�on:

I cer�fy that any suppor�ng data that is the responsibility of technical or requirements personnel

(i.e. verifying the Government’s minimum needs or schedule requirements or other ra�onale for other than full and open compe��on) and which form a basis for the jus�fica�on have been cer�fied as complete and accurate:

MARK JOHNSON, P.E., Mechanical Engineer and Technical Representa�ve

Contrac�ng Officer Representa�ve

I cer�fy that the jus�fica�on is accurate and complete to the best of my knowledge and belief:

Jonathan Peterson, Contract Specialist

Reviewed/Concur/Approved by:

Nathan Roush, Contrac�ng Officer, A&E and Construc�on Contrac�ng Suppor�ng the Fire program