Limited Sources Justification - Metasys Supervisory Network Engines REDACTED.pdf

Attachment 2: Request for Limited Sources Justification >SAT

VHAPG Part 808.405-6 Limiting Sources Page 1 of 4 Revision: 01 Effective Date: 09/01/2024 Acquisition ID#:

LIMITED SOURCES JUSTIFICATION

ORDER >SAT

FAR PART 8.405-6

Acquisition Plan Action ID:

1. Contracting Activity: Department of Veterans� Affairs (VA), Network Contracting Office (NCO) 08, Tampa Commodities & Services Branch, located at 8875 Hidden River Parkway, Suite 160A, Tampa, FL 33637.

(2) Description of Action: This acquisition is conducted under the authority of the Multiple-Award Schedule Program (41 U.S.C. 152(3) and 40 U.S.C. 501). A Limited Sources Justification is required to be approved IAW FAR 8.405-6. The Requiring Activity, Engineering Service, has a requirement for Supervisory Network Engine (SNE) proprietary software developed by Johnson Controls Inc. (JCI). JCI confirmed there are no authorized SDVOSB/VOSB entities to distribute, configure, install, or repair/maintain the SNE. This is a new requirement and will be acquired by placing an Order against JCI�s GSA Contract upon concurrence and approval of justification to limit sources.

Order against: FSS Contract Number: GS-07F-190CA

Name of Proposed Contractor: Johnson Controls Inc.

Street Address: 5757 N. Green Bay Ave

City, State, Zip: Milwaukee, WI 53209-4408

Phone: (813) 241-5164

(3) Description of Supplies or Services: The James A. Haley Veterans� Hospital (JAHVH) Engineering Service is responsible for facility maintenance and repair throughout the Tampa VA main campus. The Engineering Service has a requirement for Supervisory Network Engine Software (P/N: M4- SNE22002-0G) (BRAND NAME ONLY) at a quantity of 50 Each to be installed and properly configured. The SNE is peculiar to one manufacturer due to the Johnson Controls SNE software being proprietary in nature. The SNE succeeded the Network Automation Engines (NAE), which is the current network engine at JAHVH. This network engine upgrade will further expand and enhance the Building Automation System�s (BAS) supervisory control capabilities while replacing the discontinued NAE network engine, which allows the facilities HVAC, lighting, security, and detection systems to be controlled and monitored on a single platform.

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(4) Identify the Authority and Supporting Rationale (see below and if applicable, a demonstration of the proposed contractor�s unique qualifications to provide the required supply or service.

FAR 8.405-6(a)(1)(A): An urgent and compelling need exists and following the ordering procedures would result in unacceptable delays.

FAR 8.405-6(a)(1)(B): Only one source is capable of providing the supplies or services required at the level of quality required because the supplies or services are unique or highly specialized.

FAR 8.405-6(a)(1)(C): In the interest of economy and efficiency, the new work is a logical follow-on to an original Federal Supply Schedule order provided that the original order was placed in accordance with the applicable Federal Supply Schedule ordering procedures. The original order must not have been previously issued under sole source or limited source procedures.

FAR 8.405-6(b): Items peculiar to one manufacturer:

A patent, copyright, or proprietary data limits competition. The proprietary data is:

Johnson Controls' Supervisory Network Engines (SNE) are proprietary, meaning they are designed and controlled by JCI and are part of their building automation system, requiring JCI specific software and hardware for communication and functionality. Only a JCI BAS Controls Technician can perform proper actions to ensure the proprietary software is configured and installed IAW JCI proprietary procedures.

These are �direct replacements� parts/components for existing equipment.

The material/service must be compatible in all aspects (form, fit and function) with existing systems presently installed/performing.

The existing network engines (NAE) are obsolete and have been discontinued. The required network engines (SNE) were deployed by Johnson Controls as a next gen network engine software upgrade to interface with Johnson Controls� proprietary Building Automation System.

(5) Describe Why You Believe the Order Represents the Best Value consistent with FAR 8.404(d) to aid the contracting officer in making this best value determination: The required SNEs are listed on JCI�s GSA FSS Contract GS-07F-190CA at a pre-negotiated fixed price. Also, services required are listed under GSA FSS Contract GS-07F-190CA and priced at an hourly rate for a BAS Controls Technician. GSA has already determined the prices of supplies and hourly rates for services under GSA FSS Contract GS-07F-190CA to be fair and reasonable. Therefore, ordering activities are not required to make a separate determination of fair and reasonable pricing, except for a price evaluation as required by FAR 8.405-2(d). By placing an order against GSA FSS Contract GS-07F-190CA using the procedures in FAR 8.405, it has been concluded that the order represents the best value and results in the lowest overall cost alternative to meet the Government�s needs. However, FAR 8.405-4 requires Ordering Activities to

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(10) Approvals in accordance with the VHAPM Part 806.3 OFOC SOP:

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

b. One Level Above the Contracting Officer (Required over the SAT but not exceeding $750K): I certify the justification meets requirements for other than full and open competition.