JA_SNE_Direct_Digital_Controls_Repair_ACA_HVAC_Redacted.pdf

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

Repair ACA HVAC

Project Number: AXQD 182746

1. PROCUREMENT OFFICE: 104the Fighter Wing, 175 Falcon Dr, Westfield, MA, 01085-1482

2. NATURE AND DESCRIPTION OF THE ACTION BEING APPROVED

The 104th Fighter Wing Contracting Office intends to award a firm-fixed price contract on or about 30 September 2018. Under this contract, the Government is requires a sole-source to SNE Building Systems, Inc. (aka SNE), for the primary direct digital controls (DDC) to the renovation of the HVAC System in the Network Control Center, Building

29. This portion of the construction effort will incorporate SNE DCC components that are compatible with the main DDC control system already in place at Barnes Air National Guard Base.

3. DESCRIPTION OF THE SUPPLIES OR SERVICES REQUIRED TO MEET THE AGENCY’S NEEDS

This project involves installation of HVAC controls and regulators with centralized reporting for energy usage. This includes installing interior controls to the facility, all corrective and associated electrical wiring and piping as necessary, hard wired communications to a designated central point, computer hardware, computer software, necessary to provide complete and accurate data, graphs and presentations for energy usage on an hourly basis, peak demand, daily, monthly and yearly summaries, trends, average daily/ monthly usage, mean daily/ monthly usage, quarterly and annually average, mean and totals. Contractor shall verify compatibility and system completeness to ensure a complete system meeting the owner’s needs as described in the Statement of Work.

4. ESTIMATED DOLLAR VALUE:

The estimate for the current requirement is approximately $10,000.00.

5. IDENTIFICATION OF THE STATUTORY AUTHORITY PERMITTING OTHER THAN FULL AND OPEN

COMPETITION.

10 U.S.C. 2304(c)(1) - Only one responsible source and no other supplies or services will satisfy agency requirements;

as implemented by Federal Acquisition Regulation 6.302-1. The award will be made for an item peculiar to one manufacturer and is essential to the Government’s requirements, and market research indicates other companies’ similar products, or products lacking the particular feature, do not meet, or cannot be modified to meet, the agency’s needs.

6. DEMONSTRATION THAT THE PROPOSED CONTRACTOR’S UNIQUE QUALIFICATIONS OR THE NATURE

OF THE ACQUISITION REQUIRES USE OF THE AUTHORITY CITED.

FAR 6.302-1(c) provides the use of brand name descriptions when the requirement can only be met by one brand name product. SNE is the local dealer of the company that has provided the existing control systems and the installation of existing systems. Another manufacturers system would not compatible with the current control system.

7. DESCRIPTION OF EFFORT MADE TO ENSURE OFFERS ARE SOLICITED FROM AS MANY POTENTIAL

SOURCES AS IS PRACTICAL.

Solicitation from SNE is the only practical method due to the proprietary nature of the system.

8. DETERMINATION BY THE CONTRACTING OFFICER THAT THE ANTICIPATED COST TO THE

GOVERNMENT WILL BE FAIR AND REASONABLE.

System upgrades at Barnes ANGB as well as refurbishment of building and new construction that included SNE systems were reviewed. In addition to the actions at Barnes ANGB, several awards from other agencies were reviewed for the determination of fair and reasonable pricing for this action.

Pricing provided is commensurate with similar, recent services that have been performed at Barnes ANGB. Additional information is available in a determination of fair and reasonable pricing and is found in the contract file.

9. DESCRIPTION OF THE MARKET RESEARCH CONDUCTED.

As indicated in section eight, Market Research was the primary basis for the determination of price reasonableness.

This Market Research consisted of the interrogation of previous delivery orders for contract pricing. Previous awards from Barnes ANGB were also reviewed.

Additional market research was conducted by reviewing the Federal Supply Schedules. Market research indicates that the product and services provided by SNE are unique and other systems and components are not compatible.

10. ANY OTHER FACTS SUPPORTING THE USE OF OTHER THAN FULL AND OPEN COMPETITION.

Market research was not conducted because of the following: Over the past 15 years, Barnes ANG base has invested around a million dollars in the old DOS-based SNE Network 8000 ASD system and Windows 98 based Signal graphical system. While there are multiple distribution channels of the Tridium Ax system (front end graphics), the only channel that has access to the drivers which communicate with the older proprietary ASD technology is made by SNE, now owned by Schneider Electric (S.E.). S.E. goes to market with this product only through exclusive territory independent representatives. The representative handling the Westfield, Mass area is SNE Building Systems. There is no other company that has the legal right to distribute and sell this product in this territory. The only other option is a base-wide bid to replace the whole system, but this will be much more costly and pursuing a system upgrade will maintain most of the past investment and be a much cheaper option than a basewide replacement of the DDC system.

The proprietary nature of this system (software/equipment) limits any other contractor from upgrading this system.

11. A LISTING OF SOURCES, IF ANY, THAT EXPRESSED, IN WRITING, AN INTEREST IN THE ACQUISITION.

SNE is the only known source for additional system integration and upgrade to the system that is presently in operation at Barnes ANGB. SNE, now owned by Schneider Electric (S.E.). S.E. goes to market with this product only through exclusive territory independent representatives. The representative handling the Westfield, Mass area is SNE Building Systems.

12. A STATEMENT OF THE ACTIONS, IF ANY, THE AGENCY MAY TAKE TO REMOVE OR OVERCOME ANY BARRIERS TO COMPETITION BEFORE ANY SUBSEQUENT ACQUISITION FOR THE SUPPLIES OR SERVICES

REQUIRED.

At this time, the 104th FW can take no action to overcome competition barriers due to the nature of the system (software/equipment) to be installed and the requirement that the warranty remain valid.

For the reasons set forth in this document, there are no plans at this time to compete future contracts for the services covered by this document. If other potential source emerges, assessments will be researched to determine whether competition for future requirements is feasible.

It is the policy of this office to solicit for full and open competition to the fullest extent possible on all procurements.

The specific requirements for this acquisition can only be met by using other than full and open competition procedures.

Justification Approvals (FAR 8.405-6(h)(1))

TECHNICAL CERTIFICATION

I certify that the above information is accurate and truthful to the best of my knowledge.

Base Civil Engineer

CONTRACTING OFFICER CERTIFICATION

I certify that this justification is accurate and complete to the best of my knowledge.

KYLE D. KIEPKE, SMSgt, MA ANG Contracting Officer

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KIEPKE.KYLE.D

.1147351158

Digitally signed by

KIEPKE.KYLE.D.1147351158

Date: 2018.09.18 08:04:27 -04'00'