Y1NB--537-24-500 Upgrade Chiller Plant

Special Notice

Special Notice

Page 3 of 5

Special Notice

*= Required Field

Special Notice

Page 1 of 5

This is a notice of intent to award a sole source contract and is not a request for proposals.

The Department of Veterans Affairs on behalf of the Jesse Brown VA Medical Center (JBVAMC) intend to award a Firm Fixed Price (FFP), sole source action to:

Name of Contractor:

Energy Systems Group (ESG)

Street Address:

9877 Eastgate Court

City, State, Zip:

Newburgh, IN 47630

The objective of this action is to enter into a construction contract agreement with ESG to construct a new Chiller Plant. The JBVAMC draws its utilities from the Chicago Westside Energy Center (CWEC) located at 2079 W. Ogden Ave. Chicago, IL 60612. On October 1, 2002, the VA and ESG executed an Energy Services Agreement (ESA). The execution of this document effectively turned over management of the CWEC from the VA to ESG. In becoming the manager of the CWEC, ESG became the sole utility provider to the JBVAMC. The EUL agreement treats as self-evident that ESG operates as a utility provider to the JBVAMC. FAR 41 defines utility service as a service such as furnishing electricity, natural or manufactured gas, water, sewerage, thermal energy, chilled water, steam, hot water or high temperature hot water. The VHA Procurement Guide defines a Utility Company as an Organization that supplies essential commodities (e.g. electricity and natural gas) and maintains the infrastructure within its district to transport the commodity to its customers. IAW the FAR and contracting policy writ large, ESG is performing as a utility provider to the JBVAMC under the auspices of the EUL.

Competition for this action is being restricted due to the fact that ESG is the legal utility provider to the JBVAMC. This notice of intent to sole source with justification for brand name only satisfies the public posting requirements of FAR. Market research was conducted in accordance with FAR part 10. The EUL effectively mandates that ESG provide all utilities to the JBVAMC and is therefore the one and only source that can satisfy the agency s requirements.

This notice is not a request for proposals; however, all responsible sources may submit a capability statement which shall be considered by the Government. All capability statements must be received by no later than 5:00 PM Central Standard Time on June 5, 2024. Responses to be submitted to Ryan McMillin, Contracting Officer at Ryan.McMillin@va.govv. A determination by the Government not to compete this proposed contract based on responses to this notice is solely within the discretion of the Government. The actual justification will be posted with the award notice when completed.