SSJ_Redacted.pdf

JUSTIFICATION FOR SOLE SOURCE PROCUREMENT (OPEN MARKET OR GSA)

UNDER $150,000

Sole source acquisitions may be used on a limited basis and only when the Contracting Officer’s Representative (COR)/Program Official has provided sufficient justification and the Contracting Officer has determined that the circumstances warrant such action. The content for a justification must contain detailed facts and rationale to justify the sole source acquisition. Soliciting from a single source must be done in accordance with FAR 13.106-1(b) or 8.405-6. At a minimum, the following information must be included:

Identification of Program Office, Contracting Activity, Identification of Proposed Requirement, justification and Program Office Certification:

A. Program Office:

OSSAM/AMSO/EMOSO

Roybal Campus, Building 20 Centers for Disease Control and Prevention 1600 Clifton Road MS-F04 Atlanta, GA 30333

B. Contracting Activity:

Centers for Disease Control and Prevention Procurement and Grants Office Acquisition Branch II 2920 Brandywine Road, Mail Stop K-69 Atlanta, GA 30341

C. Identification of Requirement:

1. Nature of Action to be Approved by Contracting Officer:

a. Sole source acquisition of:

Software subscriptions for Johnson Controls Inc. Metasys ADX Server Software

b. PR Number (if available):

2. Proposed Vendor and Estimated Procurement Amount (if available):

a. Proposed Vendor:

Johnson Controls, Inc.

1350 Northmeadow Parkway, Suite 100 Roswell, Ga 30076

b. Estimated Procurement Amount:

3. Is the requirement on GSA Schedule? Yes No

If yes, provide schedule number

D. Justification:

1. The justification for this non-competitive action is (choose only one)::

In accordance with FAR 13.106-1(b)(1), “only one source [is] reasonably available” which states that, “For purchases not exceeding the simplified acquisition threshold. (i) Contracting officers may solicit from one source if the contracting officer determines that the circumstances of the contract action deem only one source reasonably available (e.g., urgency, exclusive licensing agreements, brand-name or industrial mobilization). (ii) Where a single source is identified to provide a portion of a purchase because that portion of the purchase specifies a particular brand-name item, the documentation in paragraph (b)(1)(i) of this section only applies to the portion of the purchase requiring brand-name item. The documentation should state it is covering only the portion of the acquisition which is brand-name.”

Urgency Exclusive licensing agreements/Proprietary data Brand name required Industrial mobilization Other (compatibility, space issues, continuity, compatibility, etc.)

In accordance with FAR 8.405-6 “Limiting Sources” which states that, “the only circumstances that may justify the action are – (A) An urgent and compelling need exists, and following the procedures would result in unacceptable delays; (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; or (C) In the interest of economy and efficiency, the new work is a logical follow-up 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 BPA must not have been previously issued under sole-source or limited-sources procedures.”

Urgency Only One Source Logical Follow Up

2. Other facts supporting sole source procurement:

a. What can this product/service do that other products/services cannot do?

The CDC has an enterprise size installation of JCI’s BAS control system. This system has been classified as a High Value Asset as part of the Security Assessment and Authorization process. The CDC requires timely responses to security inquiries as critical system flaws are discovered that may impact the BAS. Further, the CDC’s BAS Electronics Technicians need access to the direct support to resolve facility issues as quickly as possible to minimize service disruption to CDC programs. This contract provides manufacturer-direct home-office technical support access to 10 CDC BAS Electronics Technicians (ETs) by email, phone, or support portal as needed to support the CDC’s existing installation for 1 year.

b. What other products/services were considered and why did they not meet the need??

Only JCI, as the manufacturer of the control system, can provide the level of technical support required. Only the manufacturer can provide the proper guidance on their planned response to critical security flaws discovered by security researchers that may impact the BAS (Such as SPECTRE and Meltdown). No other source has access to JCI’s source code and product engineering.

3. Program Office efforts to seek potential offerors:

Do to the inherent incompatibility of other building automation system server software with JCI’s platform, allowing competition from other sources would result in substantial duplication of cost to the government, which is not expected to be recovered through competition.

Further, no other manufacturer can provide complete documentation of another manufacturer’s response to a critical software security flaw.

E. Program Office Certification: I have reviewed this sole source justification and certify the justification is true and accurate to the best of my knowledge and adequate to support other than full and open competition.

Center/Institute/Office COR/Program Official Name/Title: Daniel Corbett – BAS Supervisor

Center/Institute/Office COR/Program Official Signature:

X

Certification Date: 11/19/2020

F. Contracting Office Certification:

I have fully relied on the information provided herein and hereby certify that this justification is accurate and complete to the best of my knowledge and belief:

Contracting Officer Name:

Contracting Officer Signature:

Certification Date:

Daniel E.

Corbett -S

Digitally signed by

Daniel E. Corbett -S

Date: 2020.11.19

16:29:43 -05'00'

01/27/2021