Limiting Sources Justification - signed_Redacted.pdf

VHAPM Part 808.405-6 Limiting Sources Attachment 2: Request for Limited Sources Justification Format >SAT

VHAPM Part 808.405-6 Limiting Sources Page 1 of 5 Original Date: 08/30/2017 Revision 02 Eff Date: 02/21/2020

LIMITED SOURCES JUSTIFICATION

ORDER >SAT

FAR PART 8.405-6

Acquisition Plan Action ID: 36C255-21-AP-1930

(1) Contracting Activity:

Network Contracting Office (NCO) 15, 3450 S 4th Street Trafficway, Leavenworth, KS. 66048

Department of Veterans Affairs, Dwight D. Eisenhower VA Medical Center, 4101 S. 4th St.

Leavenworth, KS. 66048-5014

(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).

Sole Source requirement to replace/migrate the existing obsolete Siemens MXL and System 3 Panels to the new Desigo Modular/XLS Panel. Includes all labor to update the graphics for the campus.

Order against: FSS Contract Number: GS-07F-217CA

Name of Proposed Contractor: Siemens Industry Inc.

Street Address: 1000 Deerfield Parkway

City, State, Zip: Buffalo Grove, IL 60089

Phone: (703) 483-2036

(3) Description of Supplies or Services:

The estimated value of the proposed action is

This proposal is a turn-key proposal to replace/migrate the existing obsolete Siemens MXL and System 3 Panels to the new Desigo Modular/XLS Panel.

This proposal also includes a break-out to reach 2 existing NCC Network Command Centers with the Desigo CC Command Center. Includes all labor to update the graphics for the campus.

This proposal includes Migrating the Panels and/or Changing out of the devices.

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The New Panels are required to communicate Via the existing Siemens proprietary Fire Alarm Network. See Attached Proprietary Letter.

This proposal is based on re-using the existing Cable and Conduit and changing devices out 1 for

1. This proposal does not include any code revisions. Any cable that is deemed unusable shall be identified replaced under a separate/additional service type of agreement.

Break-out for each building is provided on the pricing guide as well as proposed equipment is provided in the Equipment list for each building.

This proposal maintains the existing topology of the existing system. Existing Topology includes the MXL panels monitoring existing System 3 outbuildings. The New Topology will include the XLS panel Monitoring New Small XLS addressable panels in the outbuildings

(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;

Siemens Industry, Inc. Building Technologies Division is the sole supplier of service and support for the Siemens XLS, XLSV, MXL, MXLV, MXL-IQ, and Network Command Center systems installed in the Leavenworth VAMC. These systems are labeled under the Siemens , Ceberus, and/or Pyrotronics names. Siemens is the manufacturer of parts for Siemens/Cerberus- Pyrotronics manufactured Fire Life Safety Systems which are available through Siemens branch locations. These channels are the sole source for system service, parts and programming.

Siemens fire alarm system software is protected by licensure that only allows authorized agents to acquire and utilize the Siemens software. The individual proprietary program that is generated by an agent is protected as such, that without a specific daily rolling code, the software from one agent cannot be utilized or modified by another agent. This would mean that one agent will not be able to access the password or software from another agent or branch.

The software for the systems installed at the Leavenworth VAMC are held by the Siemens branch locations and proprietary in that no other agent can utilize or modify said software.

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

VHAPM Part 808.405-6 Limiting Sources Page 3 of 5 Original Date: 08/30/2017 Revision 02 Eff Date: 02/21/2020 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:

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.

(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:

By placing an order against a schedule contract using the procedures in 8.405, the Contracting Officer has concluded that the order represents the best value and results in the lowest overall cost alternative (considering price, special features, administrative costs) to meet the Government’s needs. Although GSA has already negotiated fair and reasonable pricing, Contracting Officer will seek additional discounts before placing an order.

There has been significant amount of money spent in the Siemens fire detection system at the Leavenworth VAMC. This resulted in reduced administrative cost and down time.

In addition, the warranty period on certain specific components of the system excludes performance other than by a Siemens authorized representative. The amount of money already invested would not be recovered through competition.

(6) Describe the Market Research Conducted among schedule holders and the results or a statement of the reason market research was not conducted.

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(7) Any Other Facts Supporting the Justification:

The maintenance contract for these equipment/systems was Sole Sourced to Siemens under BPA 36C25521A0004, which is valid until 11/16/2025.

(8) A Statement of the Actions, if any, the agency may take to remove or overcome any barriers that led to the restricted consideration before any subsequent acquisition for the supplies or services is made:

Due to the proprietary nature of this requirement, this system can only be accessed, repaired, inspected, and maintained by Siemens technicians at the Lenexa Branch Location.

There is no opportunity for competition.