36C24419B0046-006.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 (VA), VISN 04, Erie VA Medical Center (VAMC)

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

Fuel Generator for use in the Erie VA Medical Center EMPI Funded-Emergency Generator (IIb) Project 562-17-309. As part of this construction project, there is the need to provide and install a General Dual Fuel Generator. This Sole Source Product is for Generac Dual Fuel Emergency Generator to be used in this project.

3. Description of Supplies/Services Required to Meet the Agency’s Needs: The Erie VAMC currently utilizes a Generac Dual Fuel Emergency Generator as an emergency 480V standby emergency generator that serves Building 01 and all surrounding buildings. The Erie VAMC intends to purchase and install multiple Generac Dual Fuel Emergency Generators to be able to provide enough emergency 480V to support the Erie VAMC campus. The Generac generator is to be installed next to the existing Generac Generator outside Building 11 at the Erie VAMC. 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.

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. The Generac Dual Fuel Emergency Generator is the only bifuel generator that can utilize natural gas as one of the fuel streams. Also, the Erie VAMC currently has one Generac Dual Fuel Emergency Generator with control software and optimizer that allows multiple Generac Generators to intelligently communicate with one another to meet demand. If another generator from a different manufacturer was purchased, it would not be able to communicate with the Generac Generators and could not be used dynamically with the Generac Generators to meet demand. Also, other bifuel generators are not capable of using natural gas as one of the fuel streams so the Erie VAMC would need to store a different fuel for that emergency generator. This incompatibility would detract from the smart capability of the existing Generac Generator to meet demand dynamically and would increase wear and tear and use of the emergency generators needlessly, thereby increasing maintenance costs and activities needed.

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 Generac Dual Fuel Generator would cause an undue hardship on the Erie VA Medical Center, who has been making a conscious effort to standardize and optimize their emergency 480V generation in the past in an effort to increase the control of all critical aspects of the emergency power systems. The installation of a system which is not compatible to the present Generac Dual Fuel Generator would cause increased maintenance problems through the need to store a different fuel besides natural gas, incompatibility with dynamic ramping and loading in conjunction with the Generac Generators and increased maintenance and cost due to increased usage due to the lack of smart controls. There would be an increase in acquisition cost by having to purchase additional fuel and maintenance parts and would still involve two disjointed systems without integrity and an unmanageable emergency 480V generation system. A Notice of Intent to Sole Source the Generac Dual Fuel Emergency Generator will be posted on FedBizOpps with the solicitation. Offerors will be able to obtain the Generac Dual Fuel Emergency Generator from the manufacturer or other distributors and sources available in the open market.

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

Mark Poweski Date Assistant Chief Engineer 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.

http://vaww.pclo.infoshare.va.gov/PMWeb/VHAPM_Part_806.3.aspx

Don Kalivoda Date Contracting Officer, Construction-West Network Contracting Office 4

14. One Level Above the Contracting Officer (required over SAT but not exceeding $700k): I certify the justification meets requiremetns for other than full and open competition.

Michelle Y Lappen Date Branch Chief, Construction-West

Network Contracting Office 4