JA - E Shark 200 Meters - Bartlett Hall 4th Fl_mj Legal_Concur.pdf

Control No. TBD

JUSTIFICATION REVIEW DOCUMENT FOR OTHER THAN FULL AND OPEN COMPETITION

CONTROL NO.

PROJECT/EQUIPMENT: Bartlett Hall 4th Floor Conversion, Courtyard Wall & Roof Repair, USMA, West Point, NY / E Shark 200 Meters AUTHORITY: 10 U.S.C. § 3204(a)(1) AMOUNT: $3,500.00

Prepared By:

NAME/TITLE: Margaret Jedros, Technical Manager

TELEPHONE: 917- 790-8295

DATE:

Contracting Officer

NAME/TITLE: Nicholas Emanuel, Contracting Officer

TELEPHONE: 917-790-8069

Requirements

NAME/TITLE: Michael Ruppert, Project Manager

TELEPHONE: 845-322-0240

SIGNATURES ARE REQUIRED BELOW

I have reviewed this J&A and find the justification adequate to support other than full and open competition.

District Small Business Specialist

NAME: Zachery Bernard

TELEPHONE: 917-533-4785

SIGNATURE

Project Manager

NAME: Michael Ruppert, Project Manager

TELEPHONE: 845-322-240

Office of Counsel

NAME: Barbara Hebel

TELEPHONE: 347-843-2058

DCC/CCC Contracting Chief

NAME: Francis Cashman

TELEPHONE: 917-790-8173

Control No. TBD

JUSTIFICATION AND APPROVAL

FOR OTHER THAN FULL AND OPEN COMPETITION

FOR:

E Shark 200 Meters Bartlett Hall 4th Floor Conversion, Courtyard Wall & Roof Repair, USMA, West Point, NY

Solicitation No. W912DS25RA0007

16 May 2025

JUSTIFICATION AND APPROVAL

FOR OTHER THAN FULL AND OPEN COMPETITION

1. CONTRACTING ACTIVITY:

The U.S. Army Corps of Engineers (USACE), New York District (NAN), Contracting (CT), 26 Federal Plaza, New York, NY 10278.

2. DESCRIPTION OF ACTION:

This Justification and Approval (J&A) supports the use of brand name components in an upcoming construction project. The government will not purchase the components directly, but rather will require that offerors include the E Shark 200 Meters as part of proposals submitted in response to a design-bid-build solicitation that will lead to the award of a new firm-fixed-price (FFP) construction contract. USACE is responsible for the acquisition and administration of a construction contract for Bartlett Hall 4th floor Conversion, Courtyard Wall & Roof Repair, Solicitation No. W912DS25RA0007. Funding for this acquisition will be FY25 Facilities Operations and Maintenance (OMA) appropriations. The FFP construction will be solicited and awarded as a best value trade-off (BVTO) procurement in accordance with FAR Part 15.

3. DESCRIPTION OF SUPPLIES/SERVICES:

The requirement is to provide E Shark 200 Meters in Bartlett Hall. This meter will be connected to the campus wide Building Management System (BMS). The Subject Item is a computer-based control system that will monitor and control the building's mechanical and electrical systems, process systems, and security systems. The Building Management System (BMS) provides the operator with a singular, integrated interface for the various control systems in the building. The interface provides plant visualization, system control, alarm notification, and data collection.

The estimated total cost for the construction portion of this project is $15,037,468 base and $1,207,440 in options for a total of $16,244,908. The estimated cost of the requested brand-name requirement for the E Shark 200 Meters for the Bartlett Hall 4th Floor Conversion, Courtyard Wall & Roof Repair project is estimated at $3,500. The period of performance of the entire project is 600 calendar days.

4. AUTHORITY CITED:

10 U.S.C. § 3204(a)(1), Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements, as implemented by FAR 6.302-1(c), Application for Brand Name Descriptions. In accordance with FAR 6.302-1(c), the Contracting Officer will specify that all offerors be required to procure an item particular to one supplier (brand-name item).

5. REASON FOR AUTHORITY CITED:

A. Background:

Due to post wide compatibility issues and based on the capabilities described below all new construction and renovation projects at the United States Military Academy (USMA), West Point are now featuring the latest version of the E Shark 200 Meters. All incoming electrical services shall be metered at the main distribution switchboard, on the line side of the service disconnect switch. Meters shall be revenue grade with advanced input/output (I/O) and power quality.

Meters shall be sole sourced to E Shark 200 as manufactured by Electro Industries/GaugeTech.

No substitutions will be permitted, as it’s an approved meter that can be connected to the existing accredited metering network. Any other meter cannot be connected to the West Point’s Metering Network. E Shark 200 Meters shall be equipped with V2 or higher V-Switch technology. Meters shall be provided with INP100S and PO1S I/O boards for communication.

For utility meters installed by other trades (water, gas, steam, etc.), run the MODBUS or Pulse output cable (output cable) from each utility meters to the Shark meter in a 3/4" conduit and terminate it into the PO1S I/O board (min of 4 connections required). Run a Cat6E cable (Standard networking cable for telecommunications) from the Shark 200 meter's INP100S input/output (I/O) board (main computing board on the Shark 200 Meter) to the Network Enterprise Center (NEC) IT room to connect meter into West Point's Metering Network.

B. Justification:

The West Point's advanced metering system was developed based on the Army Directive 2014-

10. The metering system consists of E Shark 200 advanced meter to monitor electric utility. The existing system has gone through the cybersecurity and risk management framework to obtain an approved Authority to Operate (ATO). Any other meter beside E Shark 200 will invalidate the ATO and will not comply with the Army Directive 2014-10. Additionally, this system has already been implemented and integrated into West Point’s advanced metering network (i.e.: water use treatment plant, USMA Academic building, etc.).

C. Alternatives:

There are no viable alternatives that meet both the cybersecurity requirements and are compatible with the base-wide advanced metering network.

D. Impact:

If the J&A is not approved and a different item is provided, rather than the Subject Item, this would fail to meet governmental standards and provide additional cost to the government to implement a new system and support infrastructure.

6. EFFORTS TO OBTAIN COMPETITION:

The brand name product has been published as required by FAR 5.201, a Notice of Intent (NOI) to determine sources for this system was synopsized on 25 February 2025. No responses were received for the Notice of Intent. The brand name justification and approval will be posted with the solicitation. As stated in paragraph 5 above, the E Shark 200 Meters is the only brand available to ensure compatibility and interoperability with the existing infrastructure. Subject Item is available on the open market for purchase and installation by all offerors.

7. ACTIONS TO INCREASE COMPETITION:

This J&A supports a discrete requirement that will end when the project is complete. Therefore, there are no planned actions to increase competition for the requirement covered by this J&A.

8. MARKET RESEARCH:

A Notice of Intent (NOI) to determine sources for this system was synopsized on 25 February 2025. The NOI was published for the required 15 days in SAM.gov.

9. INTERESTED SOURCES:

There were no responses to the NOI posting. The solicitation will be synopsized in accordance with FAR 5.201 and responses will be evaluated per FAR Part 15.

10. OTHER FACTS:

All pertinent facts are included above.

11. TECHNICAL CERTIFICATION:

“I certify that the supporting data under my cognizance which are included in the justification and approval are accurate and complete to the best of my knowledge.”

Name: Margaret Jedros Date:

Title: Technical Manager

12. REQUIREMENTS CERTIFICATION:

“I certify that the supporting data under my cognizance which are included in the justification and approval are accurate and complete to the best of my knowledge.”

Name: Michael Ruppert Date:

Title: Project Manager

13. FAIR AND REASONABLE COST DETERMINATION:

“I hereby determine that the anticipated cost or price to the Government for this contract action will be fair and reasonable. This determination is based on the Independent Government Cost Estimate, the items being procured, and historical data.”

Name: Nicholas Emanuel Date:

Title: Contracting Officer

14. CONTRACTING OFFICER CERTIFICATION:

“I certify that this J&A is accurate and complete to the best of my knowledge and belief.”

Name: Nicholas Emanuel Date:

Title: Contracting Officer

APPROVAL

Based on the foregoing justification, I hereby approve the brand name requirement for E Shark 200 Meters, estimated at $3,500.00 in support of the Bartlett Hall 4th Floor Conversion, Courtyard Wall and Roof Repair project at West Point, NY as authorized by 10 U.S.C. § 3204(a)(1), Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements, and as implemented by FAR 6.302-1(c), Application for Brand Name Descriptions, subject to availability of funds and provided that the product herein described has otherwise been authorized for this acquisition.

Date: Signature:

Nicholas Emanuel

Contracting Officer