Restricting Competition_Redacted.pdf

Effective Date: 12/30/2025 Page 1 of 3 Revision: 02 Acquisition ID No. 36C250-27-AP-0946

Department of Veterans Affairs Justification and Approval for Restricting Competition IAW FAR 12.102(b) For

Commercial Acquisitions Valued over the Simplified Acquisition Threshold (SAT), but less than $9 Million

Acquisition Plan Action ID: 36C250-27-AP-0946

1. Contracting Activity:

Network Contracting Office (NCO) 10 3140 Governor’s Place Blvd, Suite 210 Kettering, OH 45409

Richard L. Roudebush VA Medical Center 1481 W. 10th Street Indianapolis, IN 46202-2803

2. Nature and/or Description of the Action Being Processed:

This procurement is for a new firm fixed price contract to Conserv, Inc., for an integrated Building Automation System (BAS) modernization project. This request covers one contract, with no options, separate from the existing maintenance contract.

3. Description of Supplies/Services Required to Meet the Agency’s Needs:

Replace 39 identified supervisory controllers with Johnson Controls Facility Explorer FX90 controllers, including required expansion modules, licenses, programming, testing and one year of JACE software maintenance. Proposed device licensing comprises 33 controllers at 100 devices, four at 110 and two at 200, with sufficient point capacity to retain existing functions.

The estimate for this procurement is

4. Statutory Authority Permitting Restricting Competition:

FAR 12 provides policies and procedures to streamline the acquisition of commercial products, including commercially available off-the-shelf (COTS) items (a subset of commercial products), and commercial services in accordance with 41 U.S.C. 1906, 1907, and 3307 and 10 U.S.C. 3451-3453. It also implements the simplified procedures authorized by 41 U.S.C. 1901-1903, 1905, and 3305. The authority to restrict competition for acquisitions valued over the SAT, under FAR 12.102(b), is located at 41 U.S.C. §1901.

Competition is restricted on this procurement for the reason below:

(x) Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements

( ) Unusual and Compelling Urgency ( ) Industrial Mobilization, Engineering, Developmental or Research Capability or

Expert Services ( ) International Agreement ( ) Authorized or Required by Statute ( ) National Security ( ) Public Interest

5. Demonstration that the Contractor’s Unique Qualifications or Nature of the

Acquisition Requires the Use of the Authority Cited Above (applicability of authority):

Effective Date: 12/30/2025 Page 2 of 3 Revision: 02 Acquisition ID No. 36C250-27-AP-0946

The BAS is an operating, interconnected controls system supporting hospital HVAC functions. This project must preserve site-specific sequences, graphics, alarms, histories, schedules and communications while replacing supervisory controllers and consolidating servers in phases. The work requires knowledge of the installed Facility Explorer/Niagara configuration, equipment dependencies and facility outage constraints.

Conserv is the current BAS maintenance contractor and has performed related controller, server and monitoring integration work. Their ongoing role provides familiarity with the system being modified and continuity between migration, troubleshooting and maintenance.

Accordingly, Conserv is the only firm capable of providing the services described above without the medical center experiencing substantial duplication of costs that could not be expected to be recovered through competition and unacceptable delays in fulfilling its requirements.

6. Description of Efforts Made to ensure that offers are solicited from as many potential sources as deemed practicable:

This is being sole sourced for system functionality and communication purposes for existing systems within the medical center.

7. Determination by the CO that the Anticipated Cost to the Government will be Fair and Reasonable:

The Contracting Officer will ensure through the use of price analysis techniques, such as comparison against the independent government estimate and other price analysis techniques identified in FAR 15.404-1(b), that the price will be fair and reasonable.

8. Description of the Market Research Conducted and the Results, or a Statement of the Reasons Market Research Was Not Conducted:

The SBS was searched for NAICS 334513, resulting in 219 SD/VOSB firms available.

Conserv Inc is the current BAS maintenance contract holder, and their devices and proprietary software is already in use at the Medical Center. It is necessary for the site to source the same devices and software for system consistency and functionality.

9. Any Other Facts Supporting the Use of Other than Full and Open Competition:

Retaining the existing platform and newer server avoids a complete BAS conversion. The PWS requires phased outages, backups, rollback procedures and functional testing to protect facility operations. A one-year performance period allows planned cutovers; this request is not based on urgent delivery or expiring funds.

Engineering confirms that FX-28 was previously replaced with an FX80. This project replaces that installed FX80 with an FX90 to support the facility’s future Niagara 5 migration plans; the controller remains included in the total of 39. The current server work completes consolidation onto the existing newer server, upgrades its software and provides a five-year server SMA. Required entitlement and coverage start/end dates will be documented at turnover.

10. Listing of Sources that Expressed, in Writing, an Interest in the Acquisition: