36C25019R0057-017.pdf

DEPARTMENT OF VETERANS AFFAIRS

Justification and Approval

For

Other Than Full and Open Competition

Denlar Kitchen Range

1. Contracting Activity: Department of Veterans Affairs, Network Contracting Office (NCO)

10, 3140 Governor’s Place Blvd, Suite 210, Kettering, OH 45409.

The Requesting Agency is VISN 10, VAMC Medical Center, Engineering Service (138), 3200 Vine Street, Cincinnati, OH 45220.

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

Engineering Service is requesting approval to use other than full and open competition to solicit on a Brand Name Only for the residential range hood fire suppression system manufactured by Denlar Fire Protection for use on residential type kitchen range for use on Project No. 539-326, Relocate Community Living Center, Phase 4. This project will be awarded as a new Firm-Fixed Price contract. This Justification and Approval (J&A) is submitted pursuant to the authority of 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.”

Federal Acquisition Regulation (FAR) Part 6.302-1(c) “Only one responsible source and no other supplies or services will satisfy agency requirements.”

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

The subject project involves the construction of a new Community Living Center with 16 new patient rooms. This includes a kitchen with a residential range hood with integral fire suppression system equal to D1030-FE by the above named manufacturer. The Estimated Value of the Denlar Equipment is $3,000. The Estimated Value of the Relocate Community Living Center, Phase 4 Project is $6,157,436.

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):

Denlar is the only known manufacturer of this product.

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

This solicitation will be publicized via FedBizOpps.

7. Determination by the Contracting Officer that the Anticipated Cost to the Government will be Fair and Reasonable:

Determination of fair and reasonableness of cost will be based upon a complete price analysis and Independent Government Cost Estimate. The anticipated cost will be considered fair and reasonable. This project will be issued as an Request for Proposal (RFP).

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

Reasons Market Research Was Not Conducted:

Market research was not conducted. The cost for services will be compared with commercially published price lists and catalogs for similar products.

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

This is the only known manufacturer of this product.

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

See Section 6 above.

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:

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 this is the only known manufacturer of this product.

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.

_____________________________ 08/05/2018 Jeb Bower Date Project Engineer, Engineering Service VAMC – Cincinnati, OH

13. Approvals in accordance with FAR 6.304

Contracting Officer's Certification: I certify that the foregoing justification is accurate and complete to the best of my knowledge and belief. I certify the justification meets requirements for other than full and open competition.

Julie Stout Date Contracting Officer Network Contracting Office (NCO) 10

VHAINDStoutJ Typewritten Text 9/6/2018