DEPARTMENT OF VETERANS AFFAIRS

Justification and Approval Other Than Full and Open Competition

Marley Cooling Towers

1. Contracting Activity: Department of Veterans Affairs, NCO 9, Nashville Campus, Tennessee Valley Healthcare System.

2. Nature and/or Description of the Action Being Processed: Solicitation 36C24926R0054, Brand Name Justification for Marley Cooling Towers for construction project 626-24-203 – AE Upgrade Cooling Tower and Chiller. The general scope of this project is to replace the existing cooling tower system to accommodate the new N+1 three chiller system. This will be a firm fixed price contract and will be awarded as a new contract.

3. Description of Supplies/Services Required to Meet the Agency’s Needs: This justification corresponds to the addition/expansion of two new Cooling Towers to supply cooling for condenser water supplied to three water cooled chillers. The primary objective of the underlying construction project is to provide N+1 redundancy with respect to Cooling Towers for the facility. The facility currently has two primary cooling towers at different elevations serving three water cooled chillers

(ie. there is chiller redundancy but not cooling tower redundancy).

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 below narrative indicates logical reasoning and justification for specification of same as existing [Brand Name Marley] cooling tower in this construction project:

a. There is available (though limited) roof space on the 2nd story roof adjacent to the existing Marley Cooling Tower.

b. Limited unobstructed roof space requires at least some new tower cells to be located adjacent (ie. conjoined with) the existing Cooling tower. The new towers will need to easily interface with this existing Marley Cooling Tower.

c. The existing Marley Cooling Tower is in good operating condition.

d. N+1 redundancy is a primary goal of this project with respect to Cooling Towers and would require fully interchangeable functionality between chillers and cooling towers (ie. any cooling tower should work with any chiller in case any-one chiller is inoperable).

e. Proper functionality and interchangeability require cooling tower basins at the same elevation. This avoids improper drain/low water level in one tower and high level/overflow in another.

f. Achieving cooling towers at the same elevation when matching to an existing installation is likely most easily accomplished by using the same model, thereby avoiding significant modification to cooling tower and support structure.

g. Maintenance, service, and spare parts inventory is significantly more cost effective with same model towers.

h. In order to finalize the details of the design, given the very large size and weight of the units and limited roof space, a specific choice of tower is advisable to ensure compatibility. Due to the above reasons, the design was logically predicated on selection of the Marley Cooling Tower.

i. As such, the design includes specific components including but not necessarily limited to:

i. Piping layouts

ii. Structural design including complex cantilever design over a building expansion joint

iii. Details of conjoining the existing tower with new cells

j. So, in addition to the reasons above, a selection other than Marley at this time would result in substantial redesigning to ensure compatibility with existing systems including structural and space limitations.

6. Description of Efforts Made to ensure that offers are solicited from as many potential sources as deemed practicable: This project will be competitively bid.

7. Determination by the Contracting Officer that the Anticipated Cost to the Government will be Fair and Reasonable: It is in the best interest of the government to use this product. The pricing is in line with pricing provided to the vendor’s other commercial customers and is considered to be fair and reasonable.

8. Description of the Market Research Conducted and the Results, or a Statement of the Reasons Market Research Was Not Conducted: One Marley Cooling Tower is already installed and remains functional.

9. Any Other Facts Supporting the Use of Other than Full and Open Competition: Marley and another manufacturer both (separately) recommended not manifolding a different manufacturer’s cooling tower with the existing Marley cooling tower.

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: No action can be taken in the circumstance due to the equipment being in service and the need to maintain interfacing.

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.

___08/18/26___ Date

ANDREW MURPHY

Assistant Chief, Facility Management TVHS Nashville VA Medical Center (626)

13. Approvals in accordance with FAR 6.304

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

Date

Supervisory Contracting Officer

NCO 9