36C24218B0121-00002001.pdf

OFOC SOP Revision 06 Page 1 of 3 Original Date: 03/22/11 Revision 06 Date: 08/30/2017

DEPARTMENT OF VETERANS AFFAIRS

Justification and Approval (J&A) For

Other Than Full and Open Competition (<$150K)

Acquisition Plan Action ID: VA242-18-AP-1612

1. Contracting Activity: Department of Veterans Affairs, Veterans Health Administration (VHA), Service Area Office (SAO) East, VISN 2, Western New York Healthcare System, Buffalo, NY.

2. Nature and/or Description of the Action Being Processed: This brand name procurement is part of a larger construction project for Replacement of AHU 10 and AHU 12 in the Laboratory/Pathology that will be awarded as a firm-fixed price contract. The brand name specification is for controls and programming to work in conjunction with the Medical Center’s existing Siemens server and Siemens terminal units that are already installed.

The VA has determined that the following equipment, devices and related components must be the following brand name:

Siemens Desigo brand controls

3. Description of Supplies/Services Required to Meet the Agency’s Needs: Siemens Desigo brand controls components required for this procurement are for the two air handling units that solely serve the Laboratory/Pathology department. The Laboratory/Pathology department is currently in construction and Siemens Desigo controls will be used for operating the terminal units. The ability to control the air handling units for maximum efficiency and for optimum space temperature and humidity requires direct communication between the existing space terminal units and the new air handling units. The use of different control systems will increase the complexity and will not allow for the precise control of the space at maximum efficiency. For maximum efficiency and simpler operation the control system for the air handling units need to be the same as the control system for the space terminal units. The total estimated project cost is between 500,000 and $1,000,000 with this piece of equipment being estimated no more than $50,000.

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 FAR 6.302-1;

( ) (2) Unusual and Compelling Urgency per FAR 6.302-2;

( ) (3) Industrial Mobilization, Engineering, Developmental or Research Capability or Expert Services per FAR 6.302-3;

( ) (4) International Agreement per FAR 6.302-4 ( ) (5) Authorized or Required by Statute FAR 6.302-5;

( ) (6) National Security per FAR 6.302-6;

( ) (7) Public Interest per FAR 6.302-7;

OFOC SOP Revision 06 Page 2 of 3

5. Demonstration that the Contractor’s Unique Qualifications or Nature of the Acquisition

Requires the Use of the Authority Cited Above (applicability of authority):

Under FAR 6.302-1(b)(1), “when there is a reasonable basis to conclude that the agency’s minimum needs can only be satisfied by-(i) Unique supplies or services available from only one source or on only one supplier with unique capabilities,” then the government can procure that specific, unique item or its equal.

In this case, the systems are an addition to a much larger major system already in use throughout the facility. Using any other brand would result in a substantial duplication of cost and/or increased energy consumption that the Government that could not be expected to be recovered through competition. This duplication would include training, maintenance, equipment costs. These systems utilize proprietary software that is not maintainable by anyone other than the manufacturer due to patent protections.

Non-brand name items from other manufacturers would require the addition of gateways and additional layers of programming in order to function with the systems currently in place. The alternate non-brand name products would not work seamlessly with the systems and would require additional cost in order to make them work. These products would affect the warranties due to the proprietary nature of the systems in place, and also affect maintenance agreements currently in place. Interruptions could occur that significantly affect the operability of the systems. This is essential to the Government’s requirements.

6. Description of Efforts Made to ensure that offers are solicited from as many potential sources as deemed practicable: The cost of the brand name items will be fair and reasonable to the government. The equipment needed is part of a larger procurement that was competed amongst all SDVOSB concerns under NAICS code 236220.

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

The final cost will be compared to the professionally developed IGE to ensure price reasonableness which will have the brand name items included.

8. Description of the Market Research Conducted and the Results, or a Statement of the Reasons Market Research Was Not Conducted: As described in Section 6 above, market research, in accordance with FAR Part 10, was conducted by synopsis of the proposed acquisition, advising industry of the pending acquisition and soliciting inquiries from interested parties.

9. Any Other Facts Supporting the Use of Other than Full and Open Competition: It is a common practice throughout NCO 2 to use brand name products for building systems that utilize proprietary technology where the brand name products are an expansion of a pre-existing building system, to ensure system integrity and minimize life-cycle costs. The site’s maintenance agreements for the existing systems were sole sourced to the manufacturer of their respective system, citing the proprietary nature of their software updates. Use of non-name brand parts would create a need for second maintenance agreements for the expanded portions of these systems.

10. Listing of Sources that Expressed, in Writing, an Interest in the Acquisition:

N/A

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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:

Currently, no actions are planned to remove the barrier to competition in restricting the Medical Center’s systems to the above named equipment. If an alternative becomes available that meets compatibility with the systems installed in this Medical Center, this barrier to competition will be removed

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.

Michael Arnold 25 Jan 18 Energy Manager Syracuse VAMC

13. 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.

Sandra L Fisher 25 Jan 18 Contracting Oficer Syracuse VAMC http://vaww.pclo.infoshare.va.gov/PMWeb/VHAPM_Part_806.3.aspx