Siemens Energy Management System Annual Maintenance

VHAPM Part 808.405-6 Limiting Sources

Attachment 2: Request for Limited Sources Justification Format >$150K



VHAPM Part 808.405-6 Limiting Sources

Original Date: 08/30/2017

Page 1 of 4





LIMITED SOURCES JUSTIFICATION



ORDER >$150,000 FAR PART 8.405-6

Acquisition Plan Action ID: VA250-17-AP-13072





Contracting Activity: Department of Veterans Affairs, VISN 10, Ann Arbor VA Medical Center, PR 2237# 506-18-1-525-0008



Description of Action: This acquisition is conducted under the authority of the Multiple- Award Schedule Program (41 U.S.C. 251 and 40 U.S.C. 501). The material or service listed in par. 3 below is sole source, therefore, consideration of the number of contractors required by FAR Subpart 8.4 Federal Supply Schedules, is precluded for the reasons indicated below.





Order against: FSS Contract Number: GS-07F-217CA



Name of Proposed Contractor:

Siemens Industry Inc.

Street Address:

1000 Deerfield PKWY

City, State, Zip:

Buffalo Grove, IL 60089

Phone:

800-866-7997



Description of Supplies or Services:

The estimated value of the proposed action is $230,000.00



Plant operations and maintenance at the VA Ann Arbor Healthcare System is responsible for over 1.5 Million Square Feet within the main hospital complex. The contractor will provide all materials, labor, supervision, test equipment, technical manuals and transportation necessary to perform preventative maintenance and unlimited emergency repairs on the Government owned Siemens Energy Management System located at the VA Medical Center, 2215 Fuller Road, Ann Arbor, MI 48105, for the period of November 1, 2017 through September 30, 2018 in strict compliance with all schedules, specifications, terms, conditions and provisions of the contract.



IDENTIFY THE AUTHORITY AND SUPPORTING RATIONALE (see 8.405-6(a)(1)(i)(A), (B), and (C) or 8.405-6(b)), AND IF APPLICABLE, A DEMONSTRATION OF THE PROPOSED CONTRACTOR S UNIQUE QUALIFICATIONS TO PROVIDE THE REQUIRED SUPPLY OR SERVICE.

An urgent and compelling need exists, and following the ordering procedures would result in unacceptable delays.







FAR 804-5-6(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. The existing building management system was installed by the OEM manufacturer, Siemens Industry, Inc. The software used is proprietary to Siemens and the installed controllers will not function with another vendors system. Only Siemens is able to provide the service and programs the controllers installed at the Ann Arbor VA Medical Center.



In the interest of economy and efficiency, the new work is a logical follow-on 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 order must not have been previously issued under sole source or limited source procedures.



Items peculiar to one manufacturer:



A patent, copyright or proprietary data limits competition. The proprietary data is: The software used is proprietary to Siemens and the installed controllers will not function with another vendors system. (If FAR 8.405-6(a)(2)iii before posting. Do not include specific proprietary data. Only mention the type of equipment, procedure, etc. to show that proprietary supplies or services are being procured.)



These are direct replacements parts/components for existing equipment.



The material/service must be compatible in all aspects (form, fit and function) with existing systems presently installed/performing. Describe the equipment/function you have now and how the new item/service must coordinate, connect, or interface with the existing system.



DESCRIBE WHY YOU BELIEVE THE ORDER REPRESENTS THE BEST VALUE CONSISTENT WITH FAR 8.404(d) TO AID THE CONTRACTING OFFICER IN MAKING THIS BEST VALUE DETERMINATION: This procurement represents the best value to the government because upgrading the system throughout the OEM vendor, given the proprietary nature, is cheaper than competing this procurement which might result in replacing all the controllers and all other Siemens equipment already installed at the Ann Arbor VA Medical Center. Only Siemens, the OEM vendor, is able to service and upgrade Siemens building monitoring equipment via an FSS contract.





DESCRIBE THE MARKET RESEARCH CONDUCTED AMONG SCHEDULE HOLDERS AND THE RESULTS OR A STATEMENT OF THE REASON MARKET RESEARCH WAS NOT CONDUCTED: Market research was not conducted because the contract is for a service contract on proprietary equipment. The current systems performance is satisfactorily. Only Siemens, the OEM vendor, is able to service and upgrade Siemens building monitoring equipment via an FSS contract.





ANY OTHER FACTS SUPPORTING THE JUSTIFICATION: None.



A STATEMENT OF THE ACTIONS, IF ANY, THE AGENCY MAY TAKE TO REMOVE OR OVERCOME ANY BARRIERS THAT LED TO THE RESTRICTED CONSIDERATION BEFORE ANY SUBSEQUENT ACQUISITION FOR THE SUPPLIES OR SERVICES IS MADE:

Should another requisition of this nature reoccur, we would undertake a new market survey.



JEFFERY B. FRANKLIN 476435

Digitally signed by JEFFERY B. FRANKLIN 476435 DN: dc=gov, dc=va, o=internal, ou=people,

0.9.2342.19200300.100.1.1=jeffery.franklin@va.gov, cn=JEFFERY B. FRANKLIN 476435

Date: 2017.10.06 15:11:50 -04'00'

REQUIREMENTS CERTIFICATION: I certify that the requirement outlined in this justification is a Bona Fide Need of the Department of Veterans Affairs and that the supporting data under my cognizance, which are included in the justification, are accurate and complete to the best of my knowledge. I understand that processing of this limited sources justification restricts consideration of Federal Supply Schedule contractors to fewer than the number required by FAR Subpart 8.4. (This signature is the requestor s supervisor, fund control point official, chief of service or someone with responsibility and accountability.)

SIGNATURE DATE

Jeffery B. Franklin Administrative Officer Facilities Management NAME TITLE SERVICE LINE/SECTION

Ann Arbor VA Medical Center (506) FACILITY





APPROVALS IN ACCORDANCE WITH THE VHAPM Part 806.3 OFOC SOP:



CONTRACTING OFFICER S CERTIFICATION (required): I certify that the foregoing justification is accurate and complete to the best of my knowledge and belief.



Christopher D. Gundy 251898



Digitally signed by Christopher D. Gundy 251898 DN: dc=gov, dc=va, o=internal, ou=people, 0.9.2342.19200300.100.1.1=christopher.gundy@va

.gov, cn=Christopher D. Gundy 251898 Date: 2017.10.11 08:27:48 -04'00'







CONTRACTING OFFICER/DESIGNEE S SIGNATURE DATE



Christopher Gundy, Contracting Officer NCO 10_Services Team #4 NAME AND TITLE FACILITY





One Level Above the Contracting Officer (Required over $150K but not exceeding $700K): I certify the justification meets requirements for other than full and open competition.







SIGNATURE DATE



Andrew J. Craig NAME

NCO 10/ Branch Chief, Services Team #4



HIGHER LEVEL APPROVAL (Required for orders over $700,000):



VHA SAO HCA REVIEW AND APPROVAL (over $700,000 to $68 million): I have reviewed the foregoing justification and find it to be complete and accurate to the best of my knowledge and belief and approve for restricting consideration of the Federal Supply Schedule contractors to fewer than the number required by FAR Subpart 8.4.







NAME DATE

VHA Head of Contracting Activity (HCA)





VHA Senior Procurement Executive Approval (over $68 million): I have reviewed the foregoing justification and find it to be complete and accurate to the best of my knowledge and belief and approve for other than full and open competition.







JAN R. FRYE DATE

Deputy Assistant Secretary

Office of Acquisition and Logistics Senior Procurement Executive (SPE)