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Ductless mini split HVAC unit

Waiver type - Procurement: Nonavailability

Agency: PUBLIC BUILDINGS SERVICE (4740) • Product Service Code (PSC) : Z2AA | Last Modified: 07/22/2024

Procurement Summary

The construction requirement initially was for renovation of a server room, to include replacing doors, painting, and relocation of an existing ductless mini split AC unit between locations within the same building. After performance on the project began, it was discovered the existing AC unit was not functional. A modification to this task order would install a new mini split AC unit in the new server room location and dispose of the old AC unit.

Waiver Rationale Summary

Purchase Request (PR) No. EQ9PFJ-23-0084, Phillip Burton Federal Building and U.S. Courthouse, Probation 17th Floor Renovation, San Francisco was submitted on September 27, 2023. The project was competed amongst the Zone 2 contractors on the Region 9 Construction IDIQ. The task order was issued on December 8, 2023. The construction requirement initially was for the relocation of an existing mini split AC unit between locations within the same building, along with replacement of doors and painting. After performance on the project began, it was discovered the existing AC unit was not functional. A modification to this task order would install a new mini split AC unit in the new server room location and dispose of the old AC unit. Determination of the inapplicability of the Buy American Statute for the stand-alone mini split HVAC unit to be provided as construction materials for the following construction project: Phillip Burton Federal Building and U.S. Courthouse, Probation 17th Floor Renovation, San Francisco. This determination is made on the finding that the one to two ton mini split HVAC unit is not mined, produced, or manufactured in the United States in sufficient and reasonably available commercial quantities of a satisfactory quality, i.e. nonavailability. This determination is for this project only. Since no viable domestic source could be found, the final consideration is whether an HVAC split system that requires a foreign system is necessary or if there is an alternative to the HVAC split system that could meet the Government’s needs for this project. HVAC split systems are heating and cooling systems that allow the user to control the temperatures in individual rooms or spaces. The split system unit is a stand-alone system, separate from the building HVAC system, which generally provides supplemental cooling for rooms with high heat loads such as entry lobbies and IT rooms. HVAC split systems consist of two components: the indoor section (fan coil unit) and matching outdoor section (compressor unit) - (hence the name “split"). The fan coil unit can be mounted directly in the space with a variety of configurations in the ceiling, walls or hidden above the ceiling or other locations. The compressor unit is typically located on the roof but may be mounted indoors above the ceiling, in the plenum space, at a location that does not add heat into the room being cooled. In the case for this project, an HVAC mini split system is required to provide cooling for a server room after regular business hours. The mini split a/c system provides direct and immediate cooling just for the server room. In contrast, if the existing building system were used, a larger space that included the server room would have to be cooled, which would result in increased cost to the Government and unnecessary energy use. The server room would have to be left open to the surrounding office area. Therefore, the specific mini split a/c system is considered necessary since the alternative is not in the best interest of the Government.

Did / Will the solicitation include one of the standard BAA provisions announcing the agency’s intention to provide a price preference for domestic end products and construction material?

Yes

Was a sources sought or Request for Information issued?

No

OMB Determination

Consistent with Policy

Product

REPAIR OR ALTERATION OF OFFICE BUILDINGS

NAICS

236220 - Commercial and Institutional Building Construction

Date Submitted

07/16/2024

Procurement Instrument Identifier (PIID)

47PK0524F0029

Solicitation ID

EQ9PFJ-23-0084

Procurement Stage

Post-solicitation

Expected Maximum Duration of the Proposed Waiver

Instant Delivery Only

Waiver Coverage

Individual Waiver

Funding Agency

ADMINISTRATIVE OFFICE OF THE US COURTS