Brand Name JOFOC VAV Box Replacement Project execute_Redacted.pdf

OFOC SOP Revision 11 Page 1 of 4 Original Date: 03/22/11 Revision 11 Date: 02/11/2021

DEPARTMENT OF VETERANS AFFAIRS

Justification and Approval (J&A) For

Other Than Full and Open Competition

Acquisition Plan Action ID: 36C248-22-AP-0067

1. Contracting Activity: Department of Veterans Affairs, VISN 08, West Palm Beach VA Medical Center

2237: 548-22-1-5989-0001

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

This justification in support proposed procurement, RFP 36C24822R0002, is for Bid Build Variable Air Volume Assembly (Air Terminal Units) Replacement project at the West Palm Beach VA Medical Center. This justification is for other than full and open competition for the procurement of certain construction services and materials. The use of a particular brand name for the items listed below accommodates the standardization of these items within the facility.

a. HVAC Controls Integration

i. Siemens

b. HVAC Networking Components and Licensing

3. Description of Supplies/Services Required to Meet the Agency’s Needs:

This procurement is for is for Bid Build Variable Air Volume Assembly (Air Terminal Units) Replacement project at the West Palm Beach VA Medical Center. The scope includes everything necessary to replace 1,303 Variable Air Volume Boxes. The brand name items listed below for which the VA is not able to accept equal or alternate item. The value of these items are provided below and the VAAR Construction magnitude for the entire project is between $10,000,000 and $20,000,000.

a. HVAC Control Integration Programming

ii. Value:

iii. Description: HVAC controls integrated and programmed to the new Siemens Desigo Building Automation System (BAS) and front- end equipment.

b. HVAC Network Components and Licensing

i. Siemens

ii. Value:

iii. Description: Siemens CAT 6 Ethernet Contollers and licensure to provide integration with new Siemens Desigo Building Automation Software servers.

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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 items below have been standardized throughout the West Palm Beach VAMC. Installing a different manufacturers’ system programming will create significant duplication in cost for the facility, and in most cases the equipment will not function properly. The specific impact for not using the brand name items is listed below:

a. HVAC Controls Integration

ii. Impact: West Palm Beach VAMC has an existing campus wide BAS that was recently installed by Siemens and is currently under a maintenance contract.

The back-up server supporting the BAS is under warranty with Siemens. The integration of the new software must be completed by Siemens.

b. HVAC Network Components

i. Siemens

ii. Impact: West Palm Beach VAMC has an existing campus wide Siemens BMS system that was recently installed by Siemens and is currently under a maintenance contract with Siemens. The network components require licensing from Siemens to be integrated with the existing BAS system.

6. Description of Efforts Made to ensure that offers are solicited from as many potential sources as deemed practicable:

In accordance with the Competition in Contracting Act (CICA), the specification identified above is identified as brand name; however, the overall procurement will be competed as a Service-Disabled Veteran-Owned Small-Business (SDVOSB) Set-Aside. This Justification for Other Than Full and Open Competition will be posted to Federal Business Opportunities with the solicitation.

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

Reasonable:

Government estimate was prepared and provided by the Contracting Officer’s Representative (COR).

The anticipated price to the Government for the items requested to be brand name is approximately

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The items for which brand name approval is being requested are related to the programming of the overall construction project. This procurement will be competed and based on competition; the CO will make a determination of fair and reasonable pricing prior to award.

8. Description of the Market Research Conducted and the Results, or a Statement of the Reasons Market Research Was Not Conducted:

The market research for the equipment was conducted and prepared by the COR and shared with the CO for further review. The CO was in concurrence with information provided in the estimate that supported the brand name items. Approval of the items as brand name only is critical for the overall efficiency of the completion of the project at the West Palm Beach VAMC.

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

The government is seeking to maximize utilization of existing government-licensed Siemens software to configure and program the controllers. Other contractors do not offer programmable controllers that can be configured/programmed with the Siemens software. Although the BACnet open protocol is the required communications protocol for all manufacturers' controllers, it only allows for different manufacturers' equipment to share basic point data. It does not allow for configuration and programming functions to take place between different manufacturers' controllers. For example, manufacturer A's software cannot be used to program manufacturer B's controller. Each manufacturer's proprietary software tools must be used to configure or change the program within a controller.

Maintain installation networked facilities control and monitoring system so that all controllers can be programmed from a single central station versus a hybrid system composed of many different controllers and associated configuration/programming software, this will further operational efficiency and decrease installation, maintenance, repair, and energy costs. Utilizing hardware products from the same vendor that produced the configuration/programming software eliminates multi-vendor disputes regarding conflicts, standards, protocols, or performance characteristics should the controller not function as required.

The Government would like to avoid significant operational burden and cost of having maintenance and engineering staff become proficient with the configuration, programming, commissioning, operation, and maintenance of controllers from different manufacturers. Standardization reduces personnel training costs and decreases procurement costs related to additional equipment, maintenance, and support contracts for another manufacturer's hardware and software, as well as the maintenance of an additional parts inventory. Maintaining multiple solutions is inefficient and creates unnecessary work and overhead that increases the total costs of ownership and manpower costs.

A reader should also be aware of the significant cyber security risks, operational challenges, added costs (including the costs to re-procure the Installation's existing inventory), and other disadvantages arising from the use of different brands of ethernet controllers are not expected to be recovered through competition.

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

Not applicable. It is the responsibility of the offerors and the general contractor awarded the project to locate suppliers and obtain pricing for all materials and components, including the items listed in this justification.

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:

There will be competition for the overall procurement. It will be the responsibility of the offerors to obtain pricing from the suppliers of the items and to submit a competitive proposal for the project.

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.

Brian Taylor Date COR/Engineer West Palm Beach 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.

Matthew M Lucas Date Contracting Officer Construction Team 2 – NCO 8

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.

Montez Simmons Date Branch Chief Construction Team 2 – NCO 8