Redacted. Justification for Other Than Full and Open Competition FAR 6.pdf

Justification for Other Than Full and Open Competition FAR 6.302

Date: 03/21/2024 Project: Building Automation Systems Blanket Purchase Agreement Region 6

6.303-2(b)(1) Identification of the agency and the contracting activity, and specific identification of the document as a "Justification for other than full and open competition."

General Services Administration Region 6 Public Buildings Service Acquisition Management Division Capital Construction and IDV Branch

6.303-2(b)(2) Nature and/or description of the action being approved.

The GSA proposes to issue a brand name firm fixed priced Blanket Purchase Agreement for Building Automation System requiring the open source software of the Niagara Building Automation Platform, the supporting vendor will also need to use equipment supported by the Niagara framework.

6.303-2(b)(3) A description of the supplies or services required to meet the agency’s needs (including the estimated value)

The Niagara platform allows for maximum flexibility in future servicing partners for all locations. The product itself is licensed by several manufacturers along with support from many third party vendors throughout the United States with no protected territories. Other platform solutions do not offer the same flexibility and are territory driven.

Region 6 has taken the position of moving towards Niagara when economically feasible, by the end of 2026.

Because of the open competition licensing, multiple partners have signed on and can provide equipment with the use of the Niagara Platform. This open competition is the driving force along with Niagara’s partnering with GSA to consistently provide secure updates to prompt regions to convert to the Niagara Platform. Partnering with servicing partners on Niagara’s manufacturing page is required.

A list of current servicing partners can be found by directly visiting the Niagara manufacturing page at https://www.tridium.com/us/en/purchase/buy-niagara

6.303-2(b)(4) An identification of the statutory authority permitting other than full and open competition.

Per FAR 6.302-1(c), the Government is able to specify a particular product when it’s essential to the Government’s requirements. For this acquisition, it is imperative that the Government utilize the Niagara Building Automation Platform.

6.303-2(b)(5) A demonstration that the proposed contractor’s unique qualifications or the nature of the acquisition requires use of the authority cited.

GSA Region 6 has moved away from the use of vendors with proprietary controls that can only be serviced by a single vendor in protected territories. Standardizing with a platform that can be serviced by multiple vendors, the Niagara platform is uniquely qualified as it allows for maximum flexibility in future servicing partners for all locations. The product itself is licensed by several manufacturers along with support from various third party vendors throughout the United States with no protected territories.

6.303-2(b)(6) A description of efforts made to ensure that offers are solicited from as many potential sources as is practicable, including whether a notice was or will be publicized as required by subpart 5.2 and, if not, which exception under

5.202 applies.

This procurement will be posted for 30 days on SAM.gov as a Total Small Business Set Aside. This justification shall be posted with the solicitation.

Market research found adequate competition among Small Businesses with the Niagara requirement.

A list of the Licensed Niagara Manufacturing Partners can be found:

https://www.tridium.com/us/en/purchase/buy-niagara. Each of the partners listed can license the Niagara software so no specific manufacturer is named. This includes third party servicing partners who are authorized resellers of the below mentioned licensed manufacturing partners.

6.303-2(b)(7) A determination by the contracting officer that the anticipated cost to the Government will be fair and reasonable.

The technical team estimated the cost of this portion of the contract to be no more than $XXXX.

Multiple Small Business contractors will be allowed to submit quotes ensuring the pricing is fair and reasonable. Prices will also be compared to the Independent Government Estimate.

6.303-2(b)(8) A description of the market research conducted (see part 10) and the results or a statement of the reason market research was not conducted.

A Sources Sought announcement was published to GSA MAS Schedule 561210SB on December 21, 2023, to the pool of 37 Small Business Vendors. Only 3 small businesses responded. Of those 3 small businesses, 0 provided appropriate information required to be considered capable of providing the required services.

A second Sources Sought announcement was posted to SAM.gov for small businesses under NAICS code 561210 on January 11, 2024. 10 vendors responded, more than 2 small business vendors submitted the appropriate information required and are considered capable of providing the required services.

6.303-2(b)(9) Any other facts supporting the use of

In addition to the market research provided, each of the eleven regions entered into a distributor level agreement for product purchases and licenses related to Niagara. While we use a Vykon service provider, the Region 6 distributor is supplying our licenses for Honeywell, Schneider, other than full and open competition and other Niagara based products we have throughout the region. This further enhances the position that Niagara software platform is compatible with other licenses manufactures of the Niagara based building automation platform.

6.303-2(b)(10) A listing of the sources, if any, that expressed, in writing, an interest in the acquisition.

Multi Air Services Engineers, Inspection Experts, Inc. (IEI), The Building People LLC, Four Seasons Environmental, iControls Inc, C&C Group, Chinook Systems, Inc, OPIX Systems, Vazquez, Spectrum Solutions Inc, Ecology Mir Group, and Red Laser.

6.303-2(b)(11) A statement of the actions, if any, the agency may take to remove or overcome any barriers to competition before any subsequent acquisition for the supplies or services required.

GSA Region 6 will utilize the government point of entry known as SAM.gov to post the solicitation in full, along with any amendments to the solicitation. This will promote uniformity and an equitable opportunity for all contractors.

Competition will be sustained throughout the course of this contract by the use of Contractor Performance Rating, which will take place on an interim basis and at the end of the project. This sustains the promotion of competition because it will push contractors to be mindful of their performance at the task order level.

6.303-2(b)(12) Contracting officer certification that the justification is accurate and complete to the best of the contracting officer’s knowledge and belief.

Based on the facts detailed in this documentation, the Contracting Officer certifies that to the best of her knowledge the justification is accurate and complete.

Approvals of the Justification FAR 6.304

For a proposed item not exceeding $750,000, the contracting officer’s certification required by 6.303-2(b)(12) will serve as approval unless a higher approving level is established in agency procedures.

Availability of the Justification FAR 6.305

Posting requirements applicability available at FAR 6.305.

In adherence with Subpart 6.302-1(c), 6.303, and 6.304, the Government approves the brand name descriptions under the requirements of this project.

Contracting Officer, AMD Date