36C26120B0013-011.pdf

VHAPM Part 806.3 Other Than Full and Open Competition (OFOC) SOP Attachment 2: Request for Sole Source Justification Format >SAT

OFOC SOP Revision 08 Page 1 of 5 Original Date: 03/22/11 Revision 08 Date: 04/18/2018

DEPARTMENT OF VETERANS AFFAIRS

Justification and Approval (J&A) For

Other Than Full and Open Competition (>SAT)

Acquisition Plan Action ID: 36C261-20-AP-0764

1. Contracting Activity: Department of Veterans Affairs, VISN 21, Palo Alto Medical Center - 640-20-1-

5281-0016

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

This procurement is for a new firm-fixed-price construction contract originally submitted to contracting as a sole-source procurement to a large business, Siemens Industry, Inc. (Siemens), now set aside as 100% SDVOSB with this name brand justification to be published with the solicitation.

See Section 5 below for more details.

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

The objective of this construction project is to correct the building temperature control issues in the Mountain View HR Building and replace the existing standalone building controls with new HVAC controls integrated with the remote Menlo Park building management system operated by Siemens.

Period of Performance: 180 CALENDAR DAYS AFTER NTP

4. Statutory Authority Permitting Other than Full and Open Competition:

41 USC §3304(a)(1), as implemented by FAR 6.302-1(c) - Application for brand-name descriptions.

(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;

FAR13.5 Simplified Procedures for Certain Commercial Items: The authority for applying the Simplified Procedures for Commercial Items of FAR 13.5 is 41 U.S.C. 1901 and is implemented by FAR 13.106-1(b)(2) (referencing 13.501(a)(2)(i)).

OFOC SOP Revision 08 Page 2 of 5

Revision 08 Date: 04/18/2018

Posting requirements are located at 5.102(a)(6) – “When an acquisition contains brand name specifications, the contracting officer shall include with the solicitation the justification or documentation required by 6.302-1(c), 13.106-1(b), or 13.501, redacted as necessary (see 6.305).”

5. Demonstration that the Contractor’s Unique Qualifications or Nature of the Acquisition Requires the Use of the Authority Cited Above (applicability of authority):

Only One Responsible Source (FAR 6.302-1(c) - Application for brand-name descriptions) –

This procurement was originally submitted to contracting as a sole-source request to a large business, Siemens Industry, Inc. (Siemens), because Siemens is the manufacturer and original installer of the VA Palo Alto Hospital Energy Management and Building Control System. Siemens is also the proprietary provider of the service to the Energy Management and Building Control System.

Siemens is a required component of this procurement because, as the proprietary provider of the service to the Energy Management and Building, Siemens is the only company in the position to provide integration with Siemens’ proprietary monitoring systems. Without Siemens, there would be no way to integrate this procurement with the remote monitoring system, which would nullify the desired outcomes of this procurement.

Accordingly, Siemens Industry, Inc. is the only firm capable of providing the supplies and services described in Section 3 above without the Veteran’s Health Administration experiencing substantial duplication of cost that could not be expected to be recovered through competition and unacceptable delays in fulfilling its requirements.

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

Sources Sought Synopsis:

Date synopsis issued: 02/10/2020 Synopsis number: 36C26120R0012 Number of responses received: five (5)

Initially, this procurement was submitted to contracting as a sole-source procurement to a large business, Siemens Industry, Inc. (Siemens). As part of initial market research, contracting published a sources-sought notice under NAICS 238220 238220 (Plumbing, Heating, and Air-Conditioning Contractors - $15MM), published a draft Statement of Work for this procurement, and asked industry to review the sources sought information and indicate if SDVOSBs are capable of performing the work. Further, the sources sought requested that potential offerors answer six questions:

1. Business Size (Large/Small)

2. Business Socio-Economic Status (SDVOSB, WOSB, 8(a), HUBZone, etc.)

3. DUNS number

4. Anticipated Teaming Arrangements (if any)

5. What percentage of work you anticipate to accomplish in-house and/or to subcontract to similarly situated entities.

OFOC SOP Revision 08 Page 4 of 5

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

Per FAR 6.3032(b)(9)(i), technical data packages, specifications, engineering descriptions, statements of work, and purchase descriptions suitable for full and open competition have been developed. This is a name brand justification within a 100% SDVOSB set-aside.

As noted in Section 6 above, contracting requested that potential offerors provide an estimate of in-house work each contractor expected to perform. SDVOSB responses stated that in-house work would range from 20-65% (average 39%).

In addition, responses indicated that should VA sole-source to Siemens, Siemens would normally turn-around and sub-contract the installation work to companies similarly situated to SDVOSBs.

Thus, instead of awarding this procurement as a sole-source to a large business like Siemens, VA supports Veterans First Act goals by setting this project as 100% SDVOSB and requiring the Siemens name brand as a part of the procurement (to be used as needed and at the discretion of the prime contractor). Because this is a set-aside with a name brand requirement, this justification is required under FAR 13.501(a)(2)(i).

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

1. Sentinel Builders, LLC

2. Hawk Contracting Group, LLC

3. Talion Construction, LLC

4. JohnsonDanforth & Associates

5. Patriot Construction, Inc.

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 future actions are planned to overcome or remove barriers to competition as this procurement will be published to the GPE as 100% SDVOSB set-aside with full and open competition after exclusion of sources with this name brand justification attached.

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.

Name Date Title Facility

CRAIG P

ROBBINS

340619

Digitally signed by CRAIG

P ROBBINS 340619

Date: 2020.04.21 06:50:12 -07'00'

OFOC SOP Revision 08 Page 5 of 5

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.

Angela Oppenheimer Date Contracting Officer NCO 21 – Construction Branch 1

b. One Level Above the Contracting Officer (Required over SAT but not exceeding $700K): I certify the justification meets requirements for other than full and open competition.

Dennis Becker Date Branch Chief NCO 21 – Construction Branch 1

ANGELA M.

OPPENHEIMER 464035

Digitally signed by ANGELA M.

OPPENHEIMER 464035

Date: 2020.04.10 09:26:23 -07'00'

Dennis Becker 548566

Digitally signed by Dennis Becker 548566 Date: 2020.04.22 11:13:08 -07'00'