36C24419B0012-006.pdf

DEPARTMENT OF VETERANS AFFAIRS

Justification and Approval (J&A) For

Other Than Full and Open Competition (>SAT)

1. Contracting Activity: Department of Veterans Affairs, VISN 04, Erie VA Medical Center

2. Nature and/or Description of the Action Being Processed: Acquisition of proprietary Johnsons

Controls Metasys System for use in the Erie VA Medical Center Expand Emergency Power Generation – Phase IIa, Project 562-17-314

3. Description of Supplies/Services Required to Meet the Agency’s Needs: The Erie VAMC currently utilizes the Johnson Controls Inc, Metasys Building Automation and Control System (Metasys System) as the overall control for all Heating and Ventilation and Air Conditioning (HVAC) systems in the main hospital building (Building 01) and all surrounding buildings. The Metasys System shall be utilized as the main control system for the new IT UPS to be installed in WB-39 in Building 01 at the Erie VAMC. The Metasys System allows for 24 hour/7 day/week continuous monitoring of all HVAC equipment and added control points installed on the Erie VAMC campus. These control systems are required for a 100% fully compatible HVAC Control System to be utilized at the above mentioned site. This item is being sole sourced under a larger construction project that will be a competed as a 100% Service Disabled Veteran Owned Small Business (SDVOSB) set aside. Estimated Cost - $5,000

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;

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 acquisition is authorized pursuant to 10 U.S.C. 2304(c)(1), and is implemented by FAR 6.302-1(c), Only one responsible source and no other supplies or services will satisfy agency requirements.

6. Description of Efforts Made to ensure that offers are solicited from as many potential sources as deemed practicable: Any action to increase competition for the supplier of HVAC Control Systems would cause an undue hardship on the Erie VA Medical Center, who has been making a conscious effort to standardize their HVAC Control Systems in the past in an effort to increase the control of all critical aspects of the HVAC systems. The installation of a system which is not compatible to the present Metasys System would cause increased maintenance problems through false alarms, incorrect temperature control, and equipment monitoring of critical HVAC and related systems utilized in a surgical environment. There would be an increase in acquisition cost by having to purchase the front-end hardware/software and would still involved disjointed systems without integrity and an unmanageable HVAC Control System.

7. Determination by the CO that the Anticipated Cost to the Government will be Fair and Reasonable: This items is being sole sourced under a larger construction project that will be competed as a 100% Service Disabled Veteran Owned Small Business (SDVOSB) set aside.

Therefore, competition will be provided on the base contract which will lead to a fair and reasonable price.

8. Description of the Market Research Conducted and the Results, or a Statement of the Reasons

Market Research Was Not Conducted: Further market research was not conducted based on the same content provided in paragraph 6 above.

9. Any Other Facts Supporting the Use of Other than Full and Open Competition: N/A

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

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: N/A

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: Mark Poweski Date Title: Assistant Chief Engineer Facility: Erie VA Medical Center

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.

Name: Paul Bosak Date Title: Contracting Officer Facility: Network Contracting Office 4

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

Name: Michelle Y Lappen Date Title: Supervisor, Construction Team West

Facility: Network Contracting Office 4

c. VHA SAO 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 $68 million) or approve ($700K to $68 million) for other than full and open competition.

Name Date VHA Head of Contracting Activity (HCA)

d. 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 for Acquisition and Logistics Senior Procurement Executive (SPE) Department of Veterans Affairs