36C25018B0222-00005005.pdf

JUSTIFICATION AND APPROVAL

FOR

OTHER THAN FULL AND OPEN COMPETITION

1. Requesting Agency: Department of Veterans Affairs

Engineering (138) 4100 West Third Street Dayton, Ohio 45428

Contracting Activity: Department of Veterans Affairs

VISN 10 Network Contracting Activity 3140 Governor’s Place Blvd Kettering, OH 45409

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

Request approval to use other than full and open competition to solicit on a Brand Name Only to use “CHICAGO” faucet system referenced Plumbing Fixture Schedule on Bulletin 1 revised drawing 350P601.

PROJECT #552-161 - Construct CLC Single Story Unit

3. A description of the supplies or services required to meet the agency's needs:

As part of a project to construct the new CLC Single Story Unit at the Dayton VAMC, the building will be receiving new infrastructure. This will require providing a plumbing system compatible with the campus existing systems. The “Chicago Faucets”, Electronic -AC Faucet, with internal temperature control mixer is required to reduce water consumption, as well as the potential for transmission of bacteria, viruses, and other microbes by minimizing contact with the faucet. Therefore, the system, when properly integrated, can significantly reduce or eliminate the potential for bacteria growth.

4. An identification of the statutory authority permitting other than full and open competition.

This request is submitted pursuant to the authority of Title 10 U.S.C. 2304(c) (1) or 41 U.S.C. 253(c) (1), which provides that full and open competition need not be obtained where there is “only one responsible source and no other supplies or services will satisfy agency requirements”. FAR Part 6.302-1(c) “Only one responsible source and no other supplies or services will satisfy agency requirements.”

5. A demonstration that the proposed contractor's unique qualifications or the nature of the acquisition requires use of the authority cited.

The medical center needs to have an effective way of limiting the potential for bacteria growth inside their plumbing fixtures. This product provides the solution of a thermal disinfection, at the dispenser which is currently not available from other manufacturers.

6. A description of efforts made to ensure that offers are solicited from as many potential sources as is practicable, including whether a notice was or will be publicized.

This procurement will be competed/synopsized on www.fbo.gov and will indicate the requirement for brand name specification regarding the Automated Water Dispensers. Since the construction contract is being awarded as a firm fixed price contract through competitive sealed bidding, the bidders are incentivized to locate the supplier that will provide the item at the most economical price.

Other faucet manufacturers do not provide the availability and compatibility needed at the Dayton VAMC, full integration and compatibility cannot be achieved through other available manufacturers.

7. A determination by the contracting officer that the anticipated cost to the

Government will be fair and reasonable.

The best interests of the government are served through the use of this product.

The pricing will be provided as part of equipment available in the commercial marketplace. The price will be determined to be fair and reasonable to the government based on competition.

8. A description of the market research conducted and the results or a statement of the reason market research was not conducted.

The Chicago faucet system has been established and maintained here at Dayton VAMC. This facility has multiple devices and each one must be standardized in order to function properly for patient safety. A system of this size would be unmanageable without standardization.

9. Any other facts supporting the use of other than full and open competition, such as:

This manufacturer is the only one that will provide: 1) integration to the existing faucet and water distribution system; and 2) reasonable delivery time at/to the Dayton VAMC.

10. A listing of the sources interested in the acquisition:

BBN Sales, Inc.

Eagle Mechanical, Inc. – SDVOSB & SBA Certified

11. A statement of the actions, if any, the agency may take to remove or overcome any barriers to competition before any subsequent acquisition for the supplies or services required.

Solicitations for future requirements will utilize “brand name or equal” language, if it is in the Government’s best interest to do so. The current requirement must be solicited using a brand name description because the Government needs to create an exact copy of a system/item that is currently in use.

12. Certification requirement:

I certify the supporting data, including the statement of the Government’s minimum needs and other rationale for other than full and open competition is complete and accurate to the best of my knowledge. (FAR Subpart 6.303-1(b)).

The assertions and recommendations in support of the justification have been prepared by:

James Singleton Phone: (937) 268-6511 Ext. 2305 Project Engineer/COR

Contracting Officers Certification

The Contracting Officer has determined that the justification is accurate and complete to the best of the Contracting Officer's knowledge and belief.

Bob Ivey (Date) Contracting Officer (V1009L2-0500)

James R.

Singleton 1471877

Digitally signed by James R. Singleton 1471877 Date: 2018.04.19 14:41:01 -04'00'

ROBERT H.

IVEY 225363

Digitally signed by ROBERT

H. IVEY 225363

Date: 2018.04.23 06:29:56 -04'00'

04/20/2018