S02 JA Utility Plant Boilers 650-19-100.pdf

DEPARTMENT OF VETERANS AFFAIRS

Brand Name Justification and Approval (J&A) For

Other Than Full and Open Competition

Acquisition Plan ID: 36C241‐22‐AP‐1250, Cleaver‐Brooks Fire Tube Boilers.

1. Contracting Activity: Department of Veterans Affairs Veterans Health Administration, Regional

Procurement Office East, Network Contracting Office 1 (New England).

2. Nature and/or Description of the Action Being Processed: Facilities Management Service (FMS), Providence, Rhode Island, 830 Chalkstone Ave. Providence, RI 02908, has a requirement to replace the existing medical center boiler system. Three (3) Cleaver‐Brook’s boilers and burners, Project Number 650‐19‐100, will be procured by the prime contractor as provided in the project Mechanical Schedule. The contract will be a Firm‐fixed price.

3. Description of Supplies/Services Required to Meet the Agency’s Needs: The prime contractor receiving the construction award the for the project 650‐19‐100, Replace Boilers in Building 10, is required to remove the current boiler system and replace the current system with three (3) new fuel efficient, dual fueled (fuel oil and natural gas), high pressure, firetube boilers that provide 118psi high quality steam services to the VAMC campus steam distribution system. The boilers for this project are customized equipment in accordance with Mechanical Schedules, Basis of Design, Drawing Number M‐701, 2/15/2022. The system is required to be configured for redundancy along with complete new state‐of‐the‐art boiler and burner controls and a Supervisory Control and Data Acquisition System. (SCADA). The boiler manufacturer is registered in SAM.gov as The Cleaver‐ Brooks Company, Inc., 221 Law Street, Thomasville, Georgia, 31792‐5962, UEI: DB57Y3KFWMM4.

Estimated Price $3,000,000.00 to $5,000,000.00

4. Statutory Authority Permitting Other than Full and Open Competition:

(X) (1) Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements per 41 USC §3304(a)(1) as implemented by FAR 6.302‐1;

( ) (2) Unusual and Compelling Urgency per 41 USC §3304(a)(2) as implemented by FAR 6.302‐2;

( ) (3) Industrial Mobilization, Engineering, Developmental or Research Capability or Expert Services per 41 USC §3304(a)(3) as implemented by FAR 6.302‐3;

( ) (4) International Agreement per 41 USC §3304(a)(4) as implemented by FAR 6.302‐4 ( ) (5) Authorized or Required by Statute per 41 USC §3304(a)(5) as implemented by FAR 6.302‐5;

( ) (6) National Security per 41 USC §3304(a)(6) as implemented by FAR 6.302‐6;

( ) (7) Public Interest per 41 USC §3304(a)(7) as implemented by FAR 6.302‐7;

5. Demonstration that the Contractor’s Unique Qualifications or Nature of the Acquisition Requires the Use of the Authority Cited Above (applicability of authority): The Cleaver‐Brooks boiler system including burners is an integrated shop‐assembled boiler system selected to operate with low blowdown, low furnace heat flux and low emissions which reduces operating costs, maintenance and repair cost, water consumption and chemical treatment. The boilers and burner system for this project require an integrated boiler room solution. This approach ensures the system is properly engineered to work seamlessly together and last for years to come. The Cleaver Brooks fire tube boiler system has the boilers, burners, controls, exhaust solutions, boiler room equipment and selective catalytic reduction features to be manufactured in one complete equipment system.

The single system acquisition saves cost, reduces risk and allows the equipment and designed components to be tested for reliability and successful performance upon installation. Utilizing a control system other than Cleaver‐Brooks in concert with Cleaver Brooks Boilers will require translators and gateways which increase project costs by adding customer programming requirements with no value added. With translators and gateways a software engineer would be required to sort through the component software to configure network system to force the system components to work together. In addition, compatibility of other control systems and boilers represent a high risk of system failure due to the system components not being 100% compatible.

Lack of compatibility results in the loss of features and efficiencies. The Cleaver‐Brooks boiler and control system offers the factory developed, pre‐programmed, thoroughly tested solution for a seamless operational system that meets the application requirements inclusive of the components necessary for the design. This acquisition strategy avoids a pieced together system that does not work and causes an elevated risk for failure. Efficiency and reaction time are critical in the healthcare industry. The system provides a complete, integrated boiler solutions that facilitates better patient care and optimizes hospital and health campus operations. Cleaver‐Brooks provides energy‐efficient products for integrated systems. The Cleaver Brooks brand has been the VA Fleet carrier of recent boiler replacements systems and has been the fleet carrier for over 30 to 40 years with original equipment installed still in operation at the Providence facility. Having the same manufacturer for the boiler/burner provides longevity of the equipment and less risk of failures during operation and deployment for an entire plant replacement project.

6. Description of Efforts Made to ensure that offers are solicited from as many potential sources as deemed practicable: Cleaver‐Brook’s offers a complete boiler system boiler/burner package to be manufactured and tested for compliance in accordance with the TIL Master Specification Section 23 52 39 using all the same components. Having every core component of a boiler/burner system designed and built by Cleaver Brooks to work simultaneously together results in a high efficiency, low emissions firetube system. If industry advances to provide all components for development that are compatible with the existing system, they will be allowed to be used on new construction projects. Based on the information above, it is determined that this written justification for a particular brand name is essential to the Government’s requirements. Market research indicates other companies’ similar products do not meet and cannot be modified to meet the agency’s particular need. The master project is Project Number 650‐19‐100, for the partial demolition and alteration of the existing boiler works building and the replacement of the current boiler system.

7. Determination by the CO that the Anticipated Cost to the Government will be Fair and

Reasonable: The Contracting Officer may require the submission of supporting information under FAR 15.403, including but not limited to, requiring data other than certified cost pricing data. (FAR 15.403‐3).

8. Description of the Market Research Conducted and the Results, or a Statement of the Reasons Market Research Was Not Conducted: With reference to Paragraphs #5 & #6, Cleaver Brooks technology for manufacturing the integrated boiler/burner system with all designed control system components for an efficient and low emissions firetube systems offers less risk than a boiler/burner system having different manufacturers. There is a higher level of success, reliability, and performance without serious failure for a boiler/burner system of this magnitude to provide low lifecycle costs. Since these boilers are custom made, Cleaver‐Brooks provided the name of their distributor, Frank I. Rounds, for the Northeast Region who was contacted for pricing information for boiler systems. However, estimated pricing was not available based on the equipment being customized. The intent for this project is to have the same manufacture make the boiler and burner, design components, and test each part for successful performance to include equipment and controls. Currently, the VA Boiler Plant operators are all familiar with the Cleaver Brooks boiler design and controls because the operators have participated in the control and operation of Cleaver Brooks boilers including routine maintenance and training since approximately 1977. Having this familiarity with Cleaver Brooks boiler system will reduce the amount of training required for the new equipment. As part of the market research this J&A will be posted to SAM.gov. For these reasons, market research is limited based on other constraints, such as performance parameters, industry manufacturing lead time and VA’s technical requirements which are consistent throughout the VA

TIL.

9. Any Other Facts Supporting the Use of Other than Full and Open Competition: The boilers and burners are not to be purchased as separate equipment items. Funding was approved for the construction; the project includes the Cleaver Brooks system identified in the A&E design package, Mechanical Schedule, Drawing Number M‐701, 2/15/2022.

10. Listing of Sources that Expressed, in Writing, an Interest in the Acquisition: The Boiler/Burner package is not being solicited separately from the master project which encompasses the partial demolition and alteration of the existing boiler works building as well as the procurement, installation and testing of the new boiler system.

11. A Statement of the Actions, if any, the Agency May Take to Remove or Overcome any Barriers to Competition before Making subsequent acquisitions for the supplies or services required: The VHA Healthcare Environment and Facilities Program (HEFP) and Facilities Management Service continue to monitor industry developments in boiler systems that are comparable integrated, scalable, energy‐efficient systems. This J&A will be posted to SAM.gov, the Government Point of Entry. The Contracting Officer will forward any information arising from this J&A regarding comparable systems and capabilities to HEFP and FMS.

12. 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 and belief.

Name: Michael LeBeau Date Title: Chief, Engineer Facility: Facilities Management Service

Approvals in accordance with the VHAPM Part 806.3 OFOC SOP:

a. Contracting Officer or Designee’s Certification (required): I certify that the foregoing justification is accurate and complete to the best of my knowledge and belief.

Name: David Gabrysiak Date Title: Contracting Officer

VHAPROLEBEAM

Typewritten Text

25 MAR 2022

b. One Level Above the Contracting Officer (Required over SAT but not exceeding $750K): I certify the justification meets requirements for other than full and open competition.

Name: William A. Nalls Date Title: Director of Contracting, NCO 1

c. VHA RPO HCA Review and Approval: I have reviewed the foregoing justification and find it to be complete and accurate to the best of my knowledge and belief and recommend approval (if over $75 million) or approve ($750K to $75 million) for other than full and open competition.

Name: Joseph P. Maletta Date Executive Director, RPO East