A.03.12_EFO_BRAND_NAME_06July2017_REDACTED_APPLIED_Redacted.pdf

EXCEPTION TO FAIR OPPORTUNITY

Replace Roof-Top Cooling Tower at Building 4600

Aberdeen Proving Grounds, MD

1. CONTRACTING AGENCY: United States Army Corps of Engineers, Huntsville Engineering and Support Center (CEHNC) located at 4280 University Square, Huntsville, AL 35816-1822. This Justification for an Exception to Fair Opportunity (EFO) is authorized under FAR 16.505(a)(4) “Items peculiar to one manufacturer”.

2. DESCRIPTION OF ACTION: This EFO is for the Brand Name Equipment “METASYS control system” to be installed and integrated with two (2) new cooling towers in building 4600 as stated in the PWS Rev3, 10 May 2017.

3. DESCRIPTION OF SUPPLIES: Letter Request for Proposal (PANHES-17-P-009238) was solicited on 06 April 2017 to the UMCS IV Restricted Pool for fair opportunity. The scope of work for this acquisition is to have the contractor provide plant, labor, materials and equipment to perform all work necessary to replace roof-top cooling towers at building 4600. The Contractor shall provide a fully functional and complete working system in compliance with activity specific requirements identified in the PWS. Within this PWS, the Government stated the need to have Metasys Controls procured and installed in Building 4600 at APG, Maryland. The Government’s estimated value for this procurement of this Brand Name equipment is $100,000.00

4. IDENTIFICATION OF THE EXCEPTION TO FAIR OPPORTUNITY: Federal Acquisition Regulation (FAR) 16.505(a)(4) “Items peculiar to one manufacturer”. Johnson Controls, Inc. (JCI) has installed a proprietary Metasys front-end hardware and software at Aberdeen Proving Grounds. The work under the new task order must be installed and integrated with JCI’s Direct Digital Control (DDC) Metasys Server. Aberdeen Proving Grounds Information Management utilizes previously installed JCI proprietary systems at the Building Operations Command Center (BOCC) to remotely monitor and control buildings via the proprietary network protocols. Therefore JCI is the only vendor capable of providing the equipment and servers required. All new DDC equipment will have a common protocol and be compatible with the existing Metasys system server.

Aberdeen Proving Grounds Information Management determined to standardize on JCI as a single vendor solution for all DDC Systems, with seamless integration of the existing JCI NAE’s with the already installed Metasys system server. This allows operators and technicians to service and maintain the system based on single vendor hardware and software, and develop skills with the software and hardware from the vendor training.

The existing JCI equipment located at Aberdeen Proving Grounds is a proprietary system and no other vendor has the intellectual property rights or access to the coding and therefore cannot seamlessly integrate to the existing systems. In order to maintain code compliance, warranty, and reliability of the systems, it is in the Government’s best interest to use the same installation equipment and services of the contractor that knows the operational features, communication, software, and specifics of the existing systems.