REQUIREMENTS-23-0794 SSJ FE Redacted.pdf

REQUIREMENTS-23-0794

5. Demonstration that the proposed contractor’s unique qualifications or the nature of the acquisition requires use of the authority cited. The contracting officer has determined the following circumstances justify the use of a sole source as supported below:

Only one source – 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. Given the nature of the requirement, there is a repetition of services that are required that is only available through Siemens Industry, Inc. due to its proprietary system. There are no authorized service providers or subcontractors by Siemens at time of solicitation. The knowledge and consistency from Siemens will benefit the Santa Cruz facility.

As the services required under the contract are of such a specialized nature and require consistency in interfacing with the existing BAS, it is unrealistic to expect that there would be likelihood that the Government would be able to maintain competition among the awardees throughout the contracts’ period of performance. Additionally, competition relies on Siemens’ approval of authorized vendors and personnel who can work on the proprietary BAS system. There are no alternative systems that meet the needs of the Santa Cruz facility

6. Description of efforts made to ensure that offers are solicited from as many potential sources as practicable, including whether a notice was or will be publicized as required by FAR Subpart 5.2 and, if not, which exception under FAR 5.202 applies.

A notice of intent to negotiate a sole source contract will be posted at least fifteen days before issuing a solicitation, as required by FAR 5.202. Any responses from interested vendors will be reviewed and considered before issuing a sole source award. Because of the proprietary nature of the building automation system and the fact that Siemens is the only vendor with the ability to service the Apogee BAS and the program office’s in-depth knowledge of the market, the Contracting Officer determined that a sources sought notice was not necessary.

7. Determination by the contracting officer that the anticipated cost to the Government will be fair and reasonable.

The contracting officer determines that the anticipated price(s) will be fair and reasonable based on historical prices paid for similar services in past NOAA Fisheries programs, in addition to comparison to published GSA Price Lists. A price analysis will be conducted in accordance with FAR 13.106-3(a)(2).

8. Description of the market research conducted (see Part 10) and the results or a statement of the reason market research was not conducted.

Market research was conducted and have found no other authorized contractors can provide the Siemens proprietary services. Only one (1) contractor is capable of providing performance at the level of quality required by the Santa Cruz facility because of the highly specialized nature of this requirement. Siemens Industry, Inc. Building Technologies Division is the sole authorized manufacturer, dealer, and service provider of the Siemens BAS installed at the Santa Cruz facility.

A letter from Siemens confirmed that they are the sole authorized manufacturer/dealer/service provider for the current BAS system installed at the Santa Cruz facility, dated March 31, 2023. All maintenance and repairs must be conducted in a consistent manner and not invalidate any existing warranty agreement. Any