36C25623R0089 502-21-105 BRAND NAME JA 05122023 Redacted.pdf

Attachment 7: Brand Name Justification >SAT

VHAPG Part 806.3 OFOC Page 1 of 3 Revision: 01 Effective Date: 04/01/23

DEPARTMENT OF VETERANS AFFAIRS

Brand Name Justification and Approval (J&A) For

Other Than Full and Open Competition (>SAT)

Acquisition Plan Action ID: 36C25623AP2738

1. Contracting Activity:

Department of Veterans Affairs, VISN 16, Network Contracting Office (NCO) 16, Alexandria VA Health Care System (AVAHCS). 2237: #502-23-4-5725-0209

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

This justification is to support the construction Project #502-21-105 Replace Roof of Building 2 for the purpose of replacing the clay roof and dormer tiles with Ludowici classic 14” interlocking tiles per the color scheme approved by State Historic Preservation Office (SHPO). These include M20/082-20M PF tiles, 082-20M tiles, and Summer Rose M20 tiles.

The use of this particular brand name is required due to the above listed location being deemed a historical landmark (see documents metagged as P11 for supporting documentation). SHPO will not approve the items listed above unless it matches exactly to what was recently approved for the Replace Roof & HVAC of Building 3 (unrelated construction project) for standardization of items throughout the facility.

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

This procurement is to replace the roofing tiles at Building 2. This will require brand name tiles prior approved by SHPO. These tiles are classic 14” interlocking tiles with the following salient characteristics:

Roof clay tiles:

Ludowici terra cotta tiles 9” x 14” x 7/8” 3:12 minimum slope M20/082-20M PF tiles, 082-20M tiles, and Summer Rose M20 tiles color blend

Dormer clay tiles:

Ludowici flat shingle tile 6” x 12” x 3/8” 5:12 minimum slope M20/082-20M PF tiles, 082-20M tiles, and Summer Rose M20 tiles color blend

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

VHAPG Part 806.3 OFOC Page 2 of 3 Revision: 01 Effective Date: 04/01/23

( ) (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 AVAHCS has existing clay tiles on all roofs on campus. The SOW calls to replace the tiles associated with the above listed requirement with the approved SHPO tiles. The color scheme was selected to match as close to existing tiles as possible. Thus, no other supplies will satisfy the need of compatibility and SHPO compliance.

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 components listed above are identified as brand name; however, the overall procurement will be competed as a Veteran-Owned Small-Business (VOSB) Set-Aside. This Justification for Other Than Full and Open Competition will be posted to Contract Opportunities (SAM.gov) with the solicitation.

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

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

The items for which brand name approval is being requested are subsequent components to the overall construction project. This procurement will be competed and based on competition; the Contracting Officer 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:

Market research was not conducted as a competitive procurement process will be used.

Competing firms will deliver fair market prices for the items listed above. The Contracting Officer and COR were in concurrence with information provided. Approval of items as a brand name only is critical for the overall efficiency of the completed project and the

AVAHCS.

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

Only SHPO approved tiles can be used. This particular brand of tile has been approved and installed at other buildings. This must now remain uniform throughout all roof replacement.

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

VHAPG Part 806.3 OFOC Page 3 of 3 Revision: 01 Effective Date: 04/01/23

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.

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.

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