ATTACHMENT 4- MP03 Justification and Approval MCT - Copy_Redacted.pdf

AMENDMENT 0004 TO

36C26221B0006

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DEPARTMENT OF VETERANS AFFAIRS

Justification and Approval (J&A) For

Other Than Full and Open Competition

1. Contracting Activity: U.S. Department of Veterans Affairs, VHA Regional Procurement Office ‐ West, Network Contracting Office (NCO) 22, Long Beach, CA.

2. Nature and/or Description of the Action Being Processed: This requirement for Project 691GE‐20‐ 202 will be awarded as a new, competitively awarded, firm‐fixed price contract with a period of performance of 450 days. The VA Greater Los Angeles Healthcare System (VAGLAHS), VA Los Angeles Ambulatory Care Center (LAACC), requires site preparation for Project 691GE‐20‐202 Electronic Health Records Modernization (EHRM) implementation. Site preparation requires a construction contractor to furnish all labor and materials for demolition, removal of structures and upgrades of existing infrastructure in accordance with drawings and specifications for Project 691GE‐20‐202 EHRM Infrastructure Upgrades. Infrastructure upgrades include the renovation of five (5) floors which contained telecommunications rooms and distribution of all fiber from the first floor, Room A114 Main Computer Room (MCR) of LAACC and will require a near‐complete re‐ cabling to CAT6A cabling.

3. Description of Supplies/Services Required to Meet the Agency’s Needs: Project 691GE‐20‐202 EHRM infrastructure Upgrades requires an Uninterruptable Power Supply (UPS) manufactured by CyberPower, Model Number OL3000RTXL2UHVN, rack/tower UPS. (See Attachment A ‐ CyberPower UPS Specifications Sheet). UPS will be placed in all Telecommunication Rooms (TR) that will provide backup power for the VA network at West Los Angeles, Sepulveda and LAACC. Additionally, the CyberPower Environmental Sensor must be also provided with no substitutes allowed. The Environmental Sensor is manufactured by CyberPower, Model Number ENVIROSENSOR, provides complete UPS monitoring and management with real‐time temperature and humidity readings.

(See Attachment B ‐ CyberPower Envirosensor Specification Sheet).

4. Statutory Authority Permitting Other than Full and Open Competition: 41 USC §3304(a)(1), as implemented by FAR 6.302‐1.

(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 ( ) (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):

41 USC §3304(a)(1), as implemented by FAR 6.302‐1(c) Application of Brand Name Descriptions, authorizes a brand‐name designation when only one responsible source and no other supplies or

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service will satisfy Agency Requirements. In this instance, the Government requires that particular brand name equipment must be provided as part of the requirement, and no substitutes will be allowed. The Brand Name Equipment that must be provided for Project 691GE‐20‐202 is an Uninterruptable Power Supply (UPS) manufactured by CyberPower, Model Number OL3000RTXL2UHVN, rack/tower UPS. UPS will be placed in all Telecommunication Rooms (TR) that will provide backup power for the VA network at West Los Angeles, Sepulveda and LAACC.

Additionally, the Cyber Power Environmental Sensor must be also provided with no substitutes allowed. The Environmental Sensor is manufactured by CyberPower, Model Number ENVIROSENSOR, provides complete UPS monitoring and management with real‐time temperature and humidity readings. This requirement for a brand‐name designation is for these identified components only and this J&A applies only to these components. These components make up a very small percentage of the total value of the procurement.

These brand‐name designations are required for Project 691GE‐20‐202 to ensure VAGLAHS patient safety by providing compatibility and interoperability with currently installed IT infrastructure equipment distributed across eleven different locations within the VAGLAHS. The brand‐name designations are also necessary to ensure efficient maintenance and support of installed IT infrastructure equipment for VAGLAHS. VAGLAHS previously purchased CyberPower UPS equipment for the following locations: West Los Angeles, VA Sepulveda, LA Ambulatory Care Clinic, and all eight CBOC’s responsible to VA West Los Angeles. The Government has already invested approximately in the CyberPower UPS equipment that is currently in use at VAGLAHS medical facilities. The brand‐name designation for the identified components for this procurement is necessary because VAGLAHS Office of Information and Technology (OIT) does not have a monitoring system that can monitor UPS equipment in a distributed IT environment that contains multiple brands of UPS equipment. UPS equipment is critical to the VA IT network during a power loss or disruption to a medical facility where inability to access the IT network could result in injury or loss of life to VA patients. Having the ability to real‐time monitor and take appropriate action when there are problems with installed UPS equipment is a critical component of ensuring VAGLAHS’s IT network remains available for patient care when there is unforeseen power loss or disruption. Requiring offerors to provide the designated brand‐name equipment for this procurement will ensure a uniform virtual system of UPS equipment that can be monitored and maintained using currently installed CyberPower software that has been approved through OIT for use. Presently at WLA, Sepulveda, LAACC and eight CBOC’s, VAGLAHS has an installed network of CyberPower UPS equipment that can be monitored for power loss, maintenance, as well as rack temperatures and humidity using CyberPower monitoring software. The designated brand‐name equipment for this procurement will plug‐and‐play with VAGLAHS’s currently installed network of CyberPower UPS equipment allowing for a single unified approach to UPS equipment monitoring and maintenance at VAGLAHS medical facilities. No other UPS manufacturer equipment can be utilized with the currently installed CyberPower UPS equipment monitoring software. If a different manufacturer’s UPS equipment is attempted to be used with existing CyberPower UPS equipment, the different UPS equipment will not interoperate with the monitoring component of the network of CyberPower UPS equipment, significantly raising the risk of UPS malfunctions during power loss or disruption, and thereby significantly increasing the risk of patient injury or loss of life. VAGLAHS cannot accept this increased risk of injury or death to VAGLAHS patients.

The Cyber Power UPS equipment and Cyber Power Envirosensors are essential to the Government’s requirements, thereby precluding consideration of a substitute product manufactured by another company. VAGLAHS has previously spent approximately in funds to create a managed UPS equipment network comprised of CyberPower UPS equipment. The Government would suffer financial harm if a different manufacturer’s UPS equipment were installed for this procurement, as

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the new manufacturer equipment would not interoperate with the installed CyberPower UPS equipment. To obtain the UPS equipment network management capability VAGLAHS requires to ensure patient safety, VAGLAHS would need to replace all of its installed UPS equipment and monitoring system to match whatever alternative equipment might be offered for this procurement.

This would result in unnecessary expenditure of Government funds on a new manufacturer’s UPS equipment and monitoring system in an amount the Government estimates would be approximately double the expected value of the designated brand‐name equipment for this procurement. The CyberPower UPS equipment designated as brand‐name for this procurement is essential to the Government’s requirements to maintain compatibility and interoperability within the existing UPS equipment network at VAGLAHS. Additionally, the Government has purchased extended battery warranties for the previously purchased CyberPower UPS Equipment. If a new manufacturer’s equipment were accepted as a substitute to replace the CyberPower equipment, the Government would suffer harm due to forfeiting the existing five‐year warranty period remaining warranty time for the batteries when they were replaced with a different manufacturer’s product.

The Government would suffer harm from the wasteful expenditure of duplicate costs for replacement of existing UPS Equipment, replacement temperature sensors, and new battery warranties.

This justification and approval for a brand name description only applies to the portion of this acquisition for the brand name CyberPower UPS equipment and Cyber Power Envirosensors. This portion of this acquisition is essential to the Government’s requirements and no other manufacturer equipment or products are allowable as substitutes. Thus, the approval level requirements for this justification are based off of only the value of the CyberPower UPS equipment and CyberPower Envirosensors. The Cyber Power UPS and Envirosensor required for this procurement have a combined estimated value of This procurement is estimated to have a total value of between $2,000,000 and $5,000,000. The portion of the procurement that is affected by this brand‐ name designation is very small. This justification will be posted to Beta.Sam as an Amendment of Solicitation 36C26221B0006.

6. Description of Efforts Made to ensure that offers are solicited from as many potential sources as deemed practicable: A total of 1,771 SDVOSB concerns were located through a search of NAICS Code 236220 Commercial and Institutional Building Construction. An email campaign was conducted for interest in this procurement among SDVOSB concerns under NAICS code 236220.

SDVOSB concerns expressed interest in this procurement. These SDVOSB concerns have been determined to be capable of performing the required services for this procurement.

This requirement for a brand‐name designation is for the identified components only. These components make up a very small percentage of the total value of the procurement. The procurement itself will be competitively awarded to a construction contractor. Offerors will be free to source the brand‐name components competitively from authorized distributors of these products. These brand‐name products are readily available in the commercial marketplace, including at www.amazon.com. The Government does not anticipate that designation of these brand‐name components of this procurement will negatively affect competition or otherwise prejudice an offeror’s ability to submit a competitive proposal for this procurement.

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

Reasonable: The anticipated cost of the CyberPower UPS and the Cyber Power Envirosensor designated as brand‐name for this procurement is expected to be Fair and Reasonable. These brand‐name products are readily available in the commercial marketplace, including at

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www.amazon.com. The project cost estimate calculated UPS units at a material cost per unit of The total estimated material cost for the UPS units is . The project cost estimate calculated UPS temperature and humidity sensor units at a material cost per unit of . The total estimated material cost for the humidity sensor is . The combined estimated cost for the UPS units and Environmental sensor units is . A search of GSA Advantage resulted in a total of five vendors who could provide the CyberPower OL3000RTXL2UHVN UPS unit at a cost per unit low cost low of to a high cost of . Furthermore, a search of the commercial marketplace through cybersystems.com for the CyberPower OL3000RTXL2UHVN resulted in five retailers with a lowest cost per unit of and a highest cost of . A search of GSA Advantage resulted in a total of eight vendors who could provide the CyberPower Envirosensor unit at a cost per unit as low of to a high cost of .

Furthermore, a price search of the commercial marketplace through cyberpowersystems.com resulted in five retailers with a lowest cost per unit of to a highest cost per unit of .

The anticipated cost to the Government of the CyberPower OL3000RTXL2UHVN UPS units will be fair and reasonable based upon current price lists compared to the cost estimate for the project.

The CyperPower OL3000RTXL2UHVN UPS units have a cost per unit of as calculated by the Government cost estimate. By comparison, the CyberPower OL3000RTXL2UHVN UPS units have a lowest cost per unit through GSA Advantage of and a lowest cost per unit in the commercial marketplace of . Both of these price list amounts when compared to the Government cost estimate show that the anticipated cost to the Government will be fair and reasonable.

The anticipated cost to the Government of the CyberPower Envirosensor units will be fair and reasonable based upon current price lists compared to the cost estimate for the project. The CyperPower Envirosensor units have a cost per unit of as calculated by the Government cost estimate. By comparison, the CyberPower Envirosensor units have a lowest cost per unit through GSA Advantage of and a lowest cost per unit in the commercial marketplace of . Both of these price list amounts when compared to the Government cost estimate show that the anticipated cost to the Government will 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: See paragraphs 6 and 7 for a description of the market research performed to support the determination that a brand‐name designation for the designated components is appropriate.

9. Any Other Facts Supporting the Use of Other than Full and Open Competition: There are no other facts supporting use of other than full and open competition. 41 USC §3304(a)(1), as implemented by FAR 6.302‐1(c), provides the authority and application of Brand Name Descriptions.

10. Listing of Sources that Expressed, in Writing, an Interest in the Acquisition: The following list of sources expressed, in writing, an interest in the acquisition:

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

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are no barriers to competition that need to be overcome for subsequent acquisitions. This acquisition is a stand‐alone procurement and there is no need for services in the future.

12. Approvals:

a. Contracting Officer: I certify that the foregoing justification is accurate and complete to the best of my knowledge and belief.

Maria Cruz‐Thompson Contracting Officer, NCO 22