W15QKN21Q5142 LSJ DDC Controls Improvements.pdf

Control No:

Memorandum for Record – Limiting Competition at or below the Simplified

Acquisition Threshold

1. Contracting Activity: Army Contracting Command – McGuire-Dix-Lakehurst, New Jersey

2. Description of Action: Direct Digital Control (DDC), Controls Improvement, Building 3413, US Army Garrison, Devens Reserve Forces Training Area (RFTA); Project No.

PWF-11761-1P, 51 Lovell Street, Fort Devens, MA

Nature: X New Requirement Follow-on Requirement

Contract Vehicle: X Purchase Order/Contract

Blanket Purchase Agreement (BPA) Number _______________

Order/BPA# _______ against FSS Contract #_____ _________

Order #___________ against Multiple Award IDIQ Contract Name or #______________

Order #_______ against a single award IDC Contract

Modification # _______ to existing PO/TO/DO/Call Order

Pricing/Contract Type: X Fixed Price Time & Materials/Labor Hours

Cost Reimbursable Hybrid

Funds: X Operations & Maintenance, Army (OMA) Other Funds: ________ Fiscal Year 2021

Name of Proposed Contractor(s) and Address:

TC Controls and Services, Inc.

53 East Central Street, 2nd Floor Worcester, MA 01605-3036

Brand Name Buy: Yes X No

3. Description of Services or Supplies: The Contractor shall provide all engineering, plant, labor, tools, equipment, materials, supervision, and transportation necessary for DDC Controls Improvements, Building 3413, US Army Garrison, Fort Devens RFTA, Devens, MA. All work shall be performed in strict accordance with the Statement of Work (SOW), dated 25 June 2021.

Period of Performance: 120 Days after Notice to Proceed

Total Value: $ 44,868.00

4. Authority:

X FAR 13.106-1(b)(1): For purchases not exceeding the simplified acquisition threshold (SAT), only one source reasonably available, urgency, exclusive licensing agreements, brand name, or industrial mobilization.

Or

FAR 8.405-6(a)(1)(i)(B) and 8.405-6(b)(1)Brand Name

FAR 8.405-6(a)(1)(i)(A) Urgency

FAR 8.405-6(a)(1)(i)(B) Only One Source is Capable

FAR 8.405-6(a)(1)(i)(C) Logical Follow-on

Or

FAR 16.505(b)(2)(i)(B) Only One Awardee is Capable

FAR 16.505(a)(4) Brand Name

FAR 16.505(b)(2)(i)(A) Urgency

FAR 16.505(b)(2)(i)(C) Logical Follow-on

FAR 16.505(b)(2)(i)(D) Minimum Guarantee

5. Reasons for Authority Cited: TC Controls and Services, Inc., is the only contractor capable of providing and is immediately available to mobilize and continue all the required work to complete the mission essential requirement for DDC Controls improvements, Building 3413, Fort Devens MA. This requirement provides upgraded controls sequences necessary to provide more efficient HVAC operations in Building

3413, currently the highest single energy user on the USAG Fort Devens installation.

Building 3413’s air handling units, heating and boiler, hot water pump systems, and chilled water systems are operating inefficiently and consuming excessive energy due to poor sequence design and execution by design engineers and controls contractors back in 2014.

Background Information: TC Controls and Services Inc., is the DDC-subcontractor, for the United States Army Corp of Engineers (USACE)-managed controls and HVAC

Repair project which is currently in construction, and is due to be completed within the next 45 days. Both the Corps and the General Contractor on their project, TARA

Construction, did not want to extend their current project to add this scope of work. TARA’s project manager explicitly stated to the Government that the dollar amount they would need to charge to incorporate this scope of work would far exceed the work’s value. Tuned Climate (TC) Controls is a sub-contractor to TARA Construction on that project, which also included pipefitting and some limited new mechanical equipment.

The current USACE TARA project (HVAC Direct Digital Controls (DDC) repairs, project

# W912WJ18C0028, project value $1,233,802) is essentially restoring the building control system to the original 2014 specs; that rebuild is under warranty. The proposed new project provides performance improvements to the control system that were not part of the current project’s scope, and which will reduce the building’s energy consumption by at least 10%. These potential energy efficiency improvements were identified by Fort Devens’ current Resource Efficiency Manager, who began work at the

Installation after the USACE TARA project scope had already been set.

The US Army Garrison, Fort Devens, does not want a new contractor working on the performance enhancements while the current project is still under warranty. A logical analogy might be an automotive engine rebuild still under warranty– it would be strongly preferable to use the same mechanic to do any subsequence performance upgrades.

The scope of the proposed work is all within TC Controls and Services, Inc., capability to manage and complete. Given the Army’s mandates for annual energy reductions, deferring the additional work until after the warranty period expires is not considered an acceptable option.

To avoid critical mission interruptions/delays and warranty violations caused by performance on a HVAC DDC repairs/rebuild utilizing another contractor, it is in the best interest of the Government to issue this requirement to TC Controls and Services, Inc., the small business contractor, who has the knowledge and capability to complete this project without violating the warranty provided under the Corps of Engineer, TARA Construction project. The Government will receive a substantial cost savings by awarding this requirement to TC Controls and Services, Inc., who is providing excellent work and is readily available to continue on with the completion of this within scope change.

6. Publicizing Contract Actions: For FAR Part 13 actions, the public display and synopsis requirements of FAR 5.101 and FAR 5.203 X do not apply due to the $ threshold, apply and will be followed, or do not apply due to an exception at

5.202 ______________________.

Requirement to post justification in accordance with FAR 8.405-6(b)(3), FAR 13.105(c), or FAR 16.505(a)(4)(iii)(A)

Action is NOT a brand name restriction and is under $150K, no posting required

Action is a brand name restriction, under $25K, no posting required

Action is a brand name restriction, over $25K. It will be redacted and posted with the solicitation.

Action is a brand name restriction over $25K but will not be posted due to exception:

FAR 6.305(f)

FAR 8.405-6(b)(3)(iii)(A)

FAR 8.405-6(b)(3)(iii)(B)

FAR 8.405-6(b)(3)(iii)(C)

FAR 16.505(a)(4)(iii(C)

7. Market Research: The Government’s Contract Specialist conducted market research during the period of 15 July 2021 – 4 August 2021. Market research techniques used included:

a. Queried Government database Paperless Contract Files (PCF), for historical contract awards for this action, which did not provide any other requirements of this nature.

b. Used Internet tools and perform Web searches.

c. Completed a Dynamic Small Business Search (DSBS) in the Massachusetts area under NAIC Code 238220. Market results indicated there are Economic Groups that can provide this work under the indicated NAIC code 238220.

This action is considered a scope change which requires the contractor to work with the incumbent contractor, TARA Construction, who is trying to finalize/complete existing work under a Corp of Engineer contract due to be completed within 45 days.

The Government has determined it is in their best interest, to solicit this action to the DDC-subcontractor, TC Controls and Services, Inc. TC Controls and Services, Inc., is the only source capable and reasonably available to complete this project without delays and avoid warranty violations for the HVAC DCC repairs provided under the TARA Project.

TC Controls and Services Inc., has an active registration in SAM, as a Certified Small Disadvantage Business (SDB), until 25 November 2021.

8. Other Facts: New Requirement. No procurement history.

9. Technical/Requirements Certification: I certify 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.

Typed Name:

Title:

Signature:

10. Contracting Officer Certification/Approval: I hereby determine that the anticipated cost or price to the Government for this contract action will be fair and reasonable based upon FAR 13.106-3(a)(2)(vi) Comparison to an Independent

Government Estimate.

I certify that this justification is accurate and complete to the best of my knowledge and belief, and that completing this purchase as a sole source is in the best interest of the Government. Additionally, I approve this justification to limit competition subject to the availability of funds and provided that the services or supplies herein described have otherwise been authorized for acquisition.

JEFFREY L. ZEICHNER

CONTRACTING OFFIER