Redacted J and A.pdf

U.S. General Services Administration

JUSTIFICATION AND APPROVAL (J&A) FOR OTHER THAN FULL AND OPEN

COMPETITION PER FAR 13.501(a)(iii)

FOR

LIGHTING SYSTEMS

SOFTWARE UPGRADE, SUPPORT AND MAINTENANCE

1. Agency & Contracting Activity: General Services Administration (GSA), Public Building Services (PBS) Region 9, Facilities Management Division (FMD), Engineering Services Branch (9PME), 50 United Nations Plaza, San Francisco, CA.

2. Nature and Description of Action: Approval is sought for a sole source award under FAR Part 13.501(a) to Westview Productions, LLC for the maintenance, support services, programming, and software upgrades to Lighting Systems ( LS) for the following federal buildings:

1. U.S Appraisers Building, San Francisco, CA

2. U.S. Customs House, San Francisco, CA

3. U.S.Geological Survey Building, Menlo Park, CA

4. John E. Moss Courthouse, Sacramento, CA

5. Robert E. Coyle Courthouse, Fresno, CA

6. 300 North Los Angeles Street Federal Building, Los Angeles, CA

7. Edward R. Roybal Federal Building, Los Angeles, CA

8. Glenn M. Anderson Federal Building, Long Beach, CA

9. Richard H. Chambers Courthouse, Pasadena, CA

10. U.S. Courthouse- Spring Street, Los Angeles, CA

11. Santa Ana Federal Building, Santa Ana, CA

12. Ronald Reagan Courthouse, Santa Ana, CA

13. Edward J. Schwartz Courthouse & Federal Building, San Diego, CA

14. Jacob Weinberger Bankruptcy Courthouse, San Diego, CA

15. Ronald V. Dellums FederalBuilding, Oakland, CA

Westview Productions, LLC., a small business, is an energy solutions and technology company that currently has software support agreements in place for the LS at the 300 North Los Angeles and Roybal Federal Buildings. These individual contracts are directly subcontracted to Westview Production, Inc. through each of the building’s Operations and Maintenance contractors. Westview Productions is currently the only certified programmer/installer on the west coast of the U.S. and the only vendor actively providing contracted 24/7 support to GSA for its LS. Based on its certification, location, hours of operation, HSPD-12 cleared staff, and ongoing experience supporting Region 9, Westview Productions is uniquely qualified to expand its support services to include all Region 9 sites. Westview Production, Inc. is the only capable source to provide the required 24/7 LS support services for Region 9’s.

3. Description of Services (including the estimated value): The Office of Facilities Management (OFM) in (PBS) Region 9 implemented branded lighting control systems across multiple facilities as part of Energy Conservation Measures (ECM) associated with Energy Savings Performance Contracts (ESPC) starting in 2015. Since the post installation of the ECMs, the manufacturer’s warranty ended and the need for continued maintenance and support still exists. Two of the fifteen R9 facilities have established short-term agreements through the on-site O&M contractor with Westview Production, Inc., but the remaining thirteen (13) facilities are without needed support agreements. Region 9 has determined that it would be most efficient and cost effective to award a single, region-wide support service contract for all installed lighting systems rather than issuing contracts for separate buildings.

The description of services is to obtain upgrades, maintenance services, and technical support for existing Lighting Systems ( LS) installed in various buildings throughout the R9 PBS portfolio. Light control is the ability to regulate the level and quality of light in a specific space for specific tasks or situations. Lighting control systems can help enhance occupant productivity, lower energy consumption, and reduce a building’s carbon footprint. The services being solicited include the following:

●�Upgrade�Services

●�Integration�of�Stand-Alone Sites

●�Maintenance�Services

●�Technical�Support�Service

●�Programming

Upgrade, Maintenance and Technical Support Services are specific to LS since this is currently a lighting control and energy management system installed at a number of locations in Region 9’s portfolio. As part of these services, the Contractor may recommend new equipment for replacement, retrofit, or upgrade projects. Equipment may include, but is not limited to, standalone solutions and sensors, dimming and switching controls, ballasts and drivers, shades, and fixtures. The acquisition of equipment, outside a service plan, is outside the scope of this work.

These services shall be provided by onsite, remote, and telephone support, or a combination thereof, using GSA approved protocols and methods of computer or network-based access. In some instances, after hours support shall be necessary. Other services provided shall include training and documentation.

The Contractor shall provide all personnel, tools, replacement parts, transportation, equipment, and supervision necessary to provide regular inspection and maintenance of the LS, as well as procurement of replacement parts and on-call support to perform repair of the LS for the Region’s facilities. GSA is in need of the above services for the upcoming years and is looking to put into place a firm-fixed price type contract for one base year with four one-year options to maintain the continuity of these specialized services.

Estimated Values are as follows:

Base Year SMA with Software Upgrades Estimated Price:

SMA Option Year One (1) Estimated Price:

SMA Option Year Two (2) Estimated Price:

SMA Option Year Three (3) Estimated Price:

SMA Option Year Four (4) Estimated Price:

Six Month Option Period in accordance with FAR 52.217-8 Total Estimated Price:

4. An Identification of the Statutory Authority Permitting Other Than Full and Open Competition: This acquisition will utilize FAR Part 13.501(a)(ii) in preparation of sole source justification using the format as prescribed by FAR 6.303-2 modified to reflect the procedures in FAR Part 13.5 in accordance with 41 U.S.C. §1901, Simplified Acquisition Procedures. FAR Part 13.501 procedures are exempt from FAR Part 6, however the format of FAR Subpart 6.303- 2 is used for this J&A.

5. A Demonstration that the Proposed Contractor’s Unique Qualifications or the Nature of the Acquisition Requires Use of the Authority Cited: The vendor selected for this support service contract must have the unique skills and knowledge of working with products. Only an certified programmer/installer possesses the specialized skill and knowledge to ensure the equipment is serviced appropriately; to ensure the equipment is properly maintained to perform at its top capacity and efficiency; is available to provide quick and reliable support; can provide ongoing feature training; has the unique knowledge of GSA’s IT security requirements; is able to provide confidence to the building and O&M staff regarding system performance and operation; and can minimize costly system downtime. Also, as an certified programmer/installer, Westview Productions is always current with the latest technology specific to and how it can best support Region 9’s requirements.

As of the date of this justification and authorization there is only one certified programmer/installer on the west coast that is exclusively endorsed by and that has the ability to provide the entire range of required services. That vendor is Westview Production

LLC.

During our market research, the manufacturer of products - - suggested R9 work with Westview Productions for support services based on their certification, established partnership with and west coast presence within close proximity to Region 9 facilities.

During the development of the J&A, it became necessary to clarify with the status of vendor certifications and whether was a certified installer of lighting.

confirmed that is a certified installer of their product; however, said that does not have the capability to program their systems and that effort would be performed through or would be outsourced to a 3rd party company like Westview Productions. GSA initiated a call with to confirm their capabilities to support Region 9’s requirements to provide 24/7 support services, to obtain upgrades, provide maintenance services and technical support for existing LS installed in various buildings throughout the R9 PBS portfolio. confirmed to GSA that they do not have the in-house capability to provide programming or respond to lighting service calls after hours and would refer GSA requests to various 3rd party subcontractors depending on the building’s location. These 3rd party vendors are typically small lighting vendors that do not have the ability to provide 24/7 support services or critical response. included the programming company on the conference call and confirmed that they are not currently staffed to provide 24/7 support and they do not anticipate being staffed for 24/7 support in the future. Though has expressed interest in establishing a service offering for lighting support and has developed working relationships with small lighting companies that program systems, they have not yet put in place a fully developed program that can meet Region 9’s lighting support requirements.

Moreover, has not certified any other lighting companies other than Westview Productions to perform programming on their systems.

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 FAR subpart 5.2 and, if not, which exception under 5.202 applies: None of the exceptions in FAR 5.202 apply. Westview Productions, LLC is the only west coast certified programmer/installer for proposes a challenge in finding other sources. This will remain a challenge until certifies other vendors to be programmers/installers.

7. A determination by the contracting officer that the anticipated cost to the Government will be fair and reasonable: Westview Productions clearly demonstrates their capabilities to meet all the needs for supporting the LS for all of the GSA buildings within Region 9. Upon receipt of the official quotation, a determination of fair and reasonable pricing will be based using pricing analysis techniques in accordance with FAR Part 15.404-1(b).

8. A description of the market research conducted and the results or a statement of the reason market research was not conducted: GSA R9 Engineering Services Branch completed market research on April 30, 2020, March 26, 2021, and updated it as recently as July 30, 2021. During our market research, it was verified that only works with one partner on the west coast who is certified for programming, maintenance, and to provide support services for brand products, and that firm is Westview Production, Inc. No other firms, other than Westview Productions, LLC are recommended by to provide support for their products. confirmed that they do not have an organization in place to provide system support services for LS, nor do they have the ability to provide in-house programming support for software. Those services would be out-sourced to a third party.

Included as part of R9’s market research, R9 considered contracting directly with the original equipment manufacturer of LS. However, it is not an economical and effective approach when it comes to supporting Region 9's LS installations. did previously support warranty maintenance agreements through the ESPC contracts for the lighting systems; but is not willing to provide an agreement that allows GSA to support all sites with support hours during standard Pacific Coast times of operations, or on weekends, and is unwilling to provide routine site visits for tuning and performance monitoring.

indicated that if contracted, would sub-contract to Westview Productions to provide that support.

Market research also revealed Westview Productions was subcontracted by the Energy Service Companies (ESCOs) in which they performed the major site programming in Southern California through the National Deep Energy Retrofit 2 (NDER2) ESPCs. Given their role as a programmer and installer for GSA R9 ESPC sites, they have capabilities of being a one-stop shop for installation, commissioning, and 24/7 on-going support.

They also have implemented the upgraded version of software at approximately a dozen customer sites. This contract includes a requirement to upgrade all R9 sites to the product. Westview Productions, LLC solely holds the qualifications and certifications to meet all the needs to support all of Region 9’s requirements without having to subcontract any of the tasks.

As demonstrated by the above market research Westview Productions, LLC is identified as having the specialized technical capability to meet Region 9's support requirements. In addition, Westview Productions, LLC is a small business concern based in Denver, CO and can help Region 9 meet their regional small business goals.

9. Any other facts supporting the use of other than full and open competition: None.

10. A listing of the sources, if any, that expressed, in writing, an interest in the acquisition:

1-

● Does not have a fully developed lighting systems support organization, therefore not capable of performing Region 9’s requirements without outsourcing the programming and commissioning.

● unwilling to provide technical support during Pacific Coast Time and/or after hours, they would outsource that work to Westview Productions.

3-Westview Production, Inc. – Small Business (NAICS 541513/$30M)

● Westview Productions is the only vendor, at this time, who retains the certification from to perform support services and has the in-house resources to accommodate R9’s required 24/7 support as outlined in the market research.

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: During the course of Region 9’s Energy Savings Performance Contracts (ESPC), multiple buildings were upgraded with the installation of the proprietary lighting system named The manufacturer of this system is and they suggested R9 hire an certified programmer/installer to perform work on their systems.

After awarding this sole source procurement, this Justification and Approval (J&A) will be posted on the global website for 14 days.

12. The contracting officer’s certification that the justification is accurate and complete to the best of the contracting officer’s knowledge and belief: I, Carol Dones, justify 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.

13. Technical/Requirement Certification. I, justify 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.

CERTIFICATION

I certify that statements and information provided above are complete and correct to the best of my knowledge. In accordance with FAR Part 13.501, the facts of this acquisition preclude the use of full and open competition.

Date

Contracting Officer’s Representative

GSA PBS Facilities Management Division

Carol A. Dones Date

Contracting Officer

Section Chief for the Energy & Non-Recurring Service Contracts

Branch Chief

GSA PBS Acquisition Management Division

R9 Competition Advocate/Policy & Oversight Branch Chief

GSA PBS Acquisition Management Division

Director

R9 GSA PBS Acquisition Management Division

Assistant Regional Counsel

LD9, Regional Counsel