P03 JOFOC LEX Metasys N2 Controller Upgrade BC signed.pdf

Part 806.3 Other Than Full and Open Competition (OFOC) Attachment 7: Request for Sole Source Justification Format >SAT

Rev: 13 Effective Date: 02/01/22 Page 1 of 3

DEPARTMENT OF VETERANS AFFAIRS

Justification and Approval (J&A) For

Other Than Full and Open Competition (>SAT)

Acquisition Plan Action ID: 36C249 22 AP 2626

1. Contracting Activity: Department of Veterans Affairs, VISN 9, Lexington Medical Center, PR # 596 22 3 5079 0116.

2. Nature and/or Description of the Action Being Processed: This will be awarded as a new firm fixed price contract and is for upgrades to the Johnson Controls Metasys® building management system and to provide an efficient energy system.

3. Description of Supplies/Services Required to Meet the Agency’s Needs: Johnson Controls Metasys® current two (2) 16” butterfly valves that require upgrade / replacement. These valves shut off the condenser water to Chiller #1 and are needed for maintenance on Chiller #1. Service includes all labor, materials, equipment, and supervision. The total estimated cost of $403,216.00 and a delivery date of 04/30/2023. No Options are being considered.

4. Statutory Authority Permitting Other than Full and Open Competition:

(X) (1) Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements per 41 USC §3304(a)(1) as implemented by FAR 6.302 1;

( ) (2) Unusual and Compelling Urgency per 41 USC §3304(a)(2) as implemented by FAR 6.302 2;

( ) (3) Industrial Mobilization, Engineering, Developmental or Research Capability or Expert Services per 41 USC §3304(a)(3) as implemented by FAR 6.302 3;

( ) (4) International Agreement per 41 USC §3304(a)(4) as implemented by FAR 6.302 4 ( ) (5) Authorized or Required by Statute per 41 USC §3304(a)(5) as implemented by FAR 6.302 5;

( ) (6) National Security per 41 USC §3304(a)(6) as implemented by FAR 6.302 6;

( ) (7) Public Interest per 41 USC §3304(a)(7) as implemented by FAR 6.302 7;

5. Demonstration that the Contractor’s Unique Qualifications or Nature of the Acquisition Requires the Use of the Authority Cited Above (applicability of authority): Johnson Controls, Inc. is the only source for the needed upgrades to the Metasys® system. Johnson Controls Inc. has provided a sole source (proprietary) letter and is included in the procurement package. Johnson Controls Metasys® N2 System serving the VA Medical Center is a complex, proprietary networked system requiring a high level of specialized knowledge of the Metasys product and networking system. Johnson Controls Inc. does not authorize third party vendors.

6. Description of Efforts Made to ensure that offers are solicited from as many potential sources as deemed practicable: This procurement action includes a notice of intent to sole source 36C24922Q0379, this notice was posted on Contract Opportunities 5/23/2022 6/20/2022 to inform the public of the Department of Veterans Affairs procurement intent. There were no responses to that posting.

Rev: 13 Effective Date: 02/01/22 Page 2 of 3

7. Determination by the CO that the Anticipated Cost to the Government will be Fair and Reasonable: The Contracting Officer compared quoted pricing to historical documents, the IGCE and will negotiate with the contractor to obtain fair and reasonable pricing.

8. Description of the Market Research Conducted and the Results, or a Statement of the Reasons Market Research Was Not Conducted: Market research was conducted searching Contract Opportunities for other procurements of Johnson Controls Metasys® upgrade. A search was conducted on the Veterans Information Pages (VetBiz) and against NAICS 238220 . However, no results were returned. Through market research, it has been determined that the requested commercial services Johnson Controls Metasys® upgrade services are only available from only one source. An Intent to sole source notice 36C24922Q0379 was posted to Contracting Opportunities with no replies. A letter was received from Johnson Controls Inc. stating they are the sole source provider of this services requirement and no third party vendors are authorized to perform this service.

9. Any Other Facts Supporting the Use of Other than Full and Open Competition: This procurement for Johnson Controls Metasys® N2 upgrades and services provided only by Johnson Controls Inc.

that will adhere to the mandated systems standards.

10. Listing of Sources that Expressed, in Writing, an Interest in the Acquisition: Johnson Controls, Inc.

(Other than Small Business).

11. A Statement of the Actions, if any, the Agency May Take to Remove or Overcome any Barriers to Competition before Making subsequent acquisitions for the supplies or services required: There is currently only one source for the required preventative maintenance and repair services. The Contracting Officer will continue to conduct market research and synopsize future requirements for these same services to see if any additional vendors can provide these services to the Government.

12. Requirements Certification: I certify that the requirement outlined in this justification is a Bona Fide Need of the Department of Veterans Affairs and 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.

Steven “Andy” Wesolowski Date Engineering, M&O General Foreman VAMC Lexington, Bowling Campus

13. Approvals in accordance with the VHAPM Part 806.3 OFOC SOP:

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

Steven A Wesolowski 160008

Digitally signed by Steven A Wesolowski 160008 Date: 2022.06.24 08:59:41 -04'00' 6/24/22

Rev: 13 Effective Date: 02/01/22 Page 3 of 3

Diane Ziegler Contracting Officer NCO 9 Contracting Office

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

Robert L. Pitre Date Services West Branch Chief NCO 9 Contracting Office

DIANE E.

ZIEGLER 297772

Digitally signed by DIANE

E. ZIEGLER 297772

Date: 2022.06.24 08:25:28 -05'00'

6/24/2022______________________________ Date

6/27/2022