(Redacted) PM_Part808.405-6_Atch2_Limiting_Sources_Justification_OVER_SAT.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: __ 36C242-20-AP-3012__

(1) Contracting Activity: Department of Veterans Affairs, RPO East, NCO 2 Contracting Office, 76 Veteran’s Avenue, Bath, NY 14810

Services to be provided at Department of Veteran’s Affairs, VISN2, Buffalo VA Medical Center, 3495 Bailey Avenue, Buffalo, NY 14215

2237#: 528-21-1-4895-0011

(2) Description of Action: The Buffalo VA Medical Center is seeking a firm fixed-price procurement with the provision of four (4) option years for fire alarm system maintenance of SimplexGrinnell fire alarms.

Order against: FSS Contract Number: __GS-06F-0054N__

Name of Proposed Contractor: Johnson Controls Fire Protection, LP

Street Address: 6850 Main Street, STE 3

City, State, Zip: Williamsville, NY 14221

Phone: 716-650-6902

(3) Description of Supplies or Services:

The estimated value of the proposed action is $517,200.00 (Base plus four (4) option years)

This requirement is for a preventative maintenance service agreement on the SimplexGrinnell (now

Johnson Controls Fire Protection, LP) fire suppression system at the Buffalo VA Medical Center for a base year of 10/01/2020 to 09/30/2021 with the provision of four (4) option years.

(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:

VHABANNORTHN

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VHAPM Part 808.405-6 Limiting Sources Page 2 of 5 Original Date: 08/30/2017 Revision 02 Eff Date: 02/21/2020

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;

Due to the patents and copyrights of this procurement, only the Original Equipment Manufacturer (OEM) can fulfill this procurement. SimplexGrinnell, the OEM, has since become Johnson Controls Fire Protection, LP (a large business). Johnson Controls Fire Protection, LP provided a memorandum, uploaded to the ECMS briefcase, stating that they are the only vendor authorized to perform this required service in order to maintain full software functionality and warranty conditions. Johnson Controls Fire Protection, LP has a GSA contract with the necessary line items already in place (GS-06F-0054N) which was also sole-sourced as a task-order on the previous procurement with a period of performance of 10/01/2015 to 09/30/2020.

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 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:

This is a previous requirement (GS-06F-0054N/VA528-15-F-1328) in which the pricing was $446,748.00. The new quote for this requirement is $517,200.00, which is $70,452.00 (14 percent) higher. 147 devices have been added to the fire suppression system since the award of the currently ending service agreement. The cost of servicing each of these new units matches the line item pricing listed in the GSA contract therefore the $70,452.00 increase in price is deemed fair and reasonable to the Government.

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

VHABANNORTHN

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

A VIP search using NAICs code 561621 and the keyword “SimplexGrinnell” revealed one (1) SDVOSB vendor (HurtVet Subcontracting, LLC.) that could possibly meet this requirement;

however, they are not authorized by SimplexGrinnell/Johnson Controls Fire Protection, LP to provide the necessary software updates of this requirement.

A GSA eLibrary search using NAICs code 561621 identified one (1) FSS contract (GS-06F-0054N) by Johnson Controls Fire Protection, LP which is the only authorized service provider of SimplexGrinnell fire alarm system components.

A DSBS search using 561621 and keyword “SimplexGrinnell” identified one (1) 8(a) vendor (Imbutec) who could possibly meet this requirement; however, they are not authorized by SimplexGrinnell/Johnson Controls Fire Protection, LP to provide the necessary software updates of this requirement.

A Google search using key words “SimplexGrinnell Fire Alarm System Service Maintenance” identified one (1) vendor (Tyco) that could possibly meet this requirement, however they are not authorized by SimplexGrinnell/Johnson Controls Fire Protection, LP to provide the necessary software updates of this requirement.

An Intent to Sole Source was posted to Beta.SAM (36C24220Q1092) on 08/19/2020 and closed on 09/02/2020. This RFI received one (1) response from a small business vendor (Blue Ice Engineering, LLC.), however this vendor is not a qualified service provider by SimplexGrinnell/Johnson Controls Fire Protection, LP.

(7) Any Other Facts Supporting the Justification:

A memorandum from Johnson Controls Fire Protection, LP has been uploaded to the ECMS briefcase and details the software and warranty components that require this service to be performed by the Johnson Controls Fire Protection, LP.

(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: N/A

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(9) 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. I understand that processing of this limited sources justification restricts consideration of Federal Supply Schedule contractors to fewer than the number required by FAR Subpart 8.4. (This signature is the requestor’s supervisor, fund control point official, chief of service or someone with responsibility and accountability.)

SIGNATURE DATE

COR

NAME TITLE SERVICE LINE/SECTION

FACILITY

(10) Approvals in accordance with the VHAPM Part 806.3 OFOC SOP:

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

CONTRACTING OFFICER/DESIGNEE’S SIGNATURE DATE

Spivack, Michael, CO RPO East, NCO 2___________________

NAME AND TITLE FACILITY/NCO/PCO

b. One Level Above the Contracting Officer (Required over the SAT but not exceeding $700K):

I certify the justification meets requirements for other than full and open competition.

SIGNATURE DATE

Brimmer, Cheryl, CO NCO 2, Service Team One Branch Cheif

Michael Tallant

09/15/20

Buffalo VAMC https://vaww.pclo.infoshare.va.gov/PMWeb/VHAPM_Part_806.3.aspx https://vaww.pclo.infoshare.va.gov/PMWeb/VHAPM_Part_806.3.aspx

VHAPM Part 808.405-6 Limiting Sources Page 5 of 5 Original Date: 08/30/2017