Limited Sources Justification.docx

Limited-Sources Justification United States Department of Agriculture FAR 8.405 Federal Supply Schedules Multiple Award Schedule Program

1. Identification of the agency and the contracting activity.

USDA, Agricultural Research Service, National Animal Disease Center:

Change Johnson Controls Building Automation System control panel and N2 field controller upgrades with Johnson Controls, Inc. (JCI) to hardware that is supported by JCI. The existing N2 controllers are no longer made and only available as reconditioned parts that have continued to increase in price and are not readily available. The NAE supervisory controls are being phased out and cost are increasing in repairs. Current BACnet capable controllers operating in N2 environment to be programmed to full BACnet for speed and reliability.

2. Description of supplies or services required to meet the agency’s needs.

Provide all labor, material, software, G+ support graphics and necessary licensing to remove existing N2 controllers and Network Automated Engines and install (6) SNE22000-0 Smart Network Engines, (4) SNC25150 Smart Network Controllers, (33) CGM09090-0 controllers, (44) CVM03050-0 controllers, and (2) TEC controllers to support the existing control systems. The upgrades will require Johnson Controls, Inc. proprietary software and specialized expertise to setup the programming and existing sequences of operation for the building equipment. JCI has the programming and As-Built drawings from prior installations. Total government cost estimated $540,085.00 to $569,800.00.

3. The circumstances and rationale for limiting competition.

FAR 8.405-6(a)(1)(i)(B) - Only one source capable due to the unique or specialized nature of work.

Johnson Controls, Inc. (JCI) has proprietary software to program and operate the JCI Building Automation System (BAS), trying to use an alternate Control System Contractor would be extremely costly and disrupt operations, as well as, require retraining of FEU on-site support Staff and be a disadvantage to The Government. JCI has had Service Contracts to maintain the JCI BAS and is presently procuring a new agreement. Johnson Controls service technicians have been on the NCAH site for approximately 25+ years and the local JCI office staff know and understand the critical systems that have been installed in the containment animal, central plant, and laboratory facilities at the location. Due to the biocontainment requirements, many of the HVAC control features used at NCAH are unique in the state and/or the country. Switching to another BAS company would require extensive time for NCAH FEU personnel to train new persons on the operations and regulatory requirements. There would likely be control programming areas that would impact the continuity of building HVAC operations or other plant utility services for containment areas. Interruptions require significant regulatory reporting and may erode the trust that safety personnel, science program staff, administrators, and regulators have in the competence of the site operations staff to operate the critical facilities safely and reliably.

4. A description of the market research conducted among schedule holders and the results or a statement of the reason market research was not conducted.

Johnson Controls is the sole source for upgrades to their Metasys Extended Architecture software. No other supplier has the same access to the control system software, technical expertise to train and trouble-shoot the software and integration of the control sensors and devices. Johnson Controls provides market pricing via GSA Schedule pricing for hardware and software.

5. Recommended source(s).

Certifications & Approval

Supporting data which form the basis for and included in this justification are certified accurate and complete.

Tommy Walker FEU Engineering Technician

The information contained in this Limited Sources Justification is certified accurate and complete to the best of my knowledge and belief.

Insert Name of Contracting Officer Contracting Officer

Notes and Guidance. Delete these Notes prior to finalizing document for signature.

Pursuant to FAR 8.405-6, Orders/BPAs under Federal Supply Schedule Contracts are exempt from the competition requirements of FAR Part 6; however, ordering activities may restrict consideration of Schedule Contractors. Circumstances justifying limiting the sources include:

a) An urgent and compelling need exists and following the procedures would result in unacceptable delays;

b) Only one source is capable of providing the supplies or services required because they are unique or highly specialized; or

c) In the interest of economy and efficiency, the new work is a logical follow-on to an original Federal Supply Schedule order, provide the original order was place in accordance with applicable Federal Supply Schedule procedures (e.g. competed).

Brand Name. Items peculiar to one manufacturer can be a particular brand name, product, or feature of a product, peculiar to one manufacturer. A brand name item, whether available on one or more schedule contracts, is an item peculiar to one manufacturer. Brand name specifications shall not be used unless the particular brand name, product or feature is essential to the Government’s requirements and market research indicates other companies’ similar products, or products lacking the particular feature, do not meet, or cannot be modified to meet the Agency’s needs. See below for posting of brand name requirements.

Program personnel are advised to work with contracting personnel early on in order to promote and provide for full and open competition amongst schedule holders to the maximum extent practicable. In circumstances that permit restricting the consideration of Schedule Contractors, program personnel shall provide necessary information to contracting personnel to support and document the circumstances limiting competition, including use of brand name specifications, through the use of this form.

Posting. For proposed Orders/BPAs with an estimated value exceeding $25,000 that restrict competition to items peculiar to one manufacturer, i.e., Brand Name, this form shall be posted along with the Request for Quotation (RFQ) to GSA’s e-Buy. This form is not required to be posted with the solicitation when restricting consideration due to urgency, unique source, or logical follow-on as described in the first paragraph above.

Screening. Before posting this Justification, in accordance with FAR 8.406-6 and 24.2, the Contracting Officer is responsible to redact any information that is exempt from disclosure under Freedom of Information Act or information proprietary to the contractor.

Signatures. After review and completion by the Program Office and Contracting Officer, the Word document shall be converted to an Adobe PDF file, and then electronically signed. Signature blocks shall include dates.