Brand Name Justification- Tridium Niagara_Redacted.pdf

Project No. 548-22-700

EHRM Infrastructure Upgrades

VHAPG Part 806.3 OFOC Revision: 02 Effective Date: 11/15/23

DEPARTMENT OF VETERANS AFFAIRS

Justification and Approval (J&A) for Other Than Full and Open Competition

Acquisition Plan Action ID: 36C776-23-AP-1127 Contract Number: 36C77623C0149

1. Contracting Activity:

Veterans Health Administration (VHA), Program Contracting Activity Central (PCAC) The proposed procurement, is for the EHRM Infrastructure Upgrades Construction project at the West Palm Beach VA Medical Center (VAMC) in West Palm Beach, FL.

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

This justification is to support the EHRM Infrastructure Upgrades Construction project at the West Palm Beach VAMC, 36C77623C0149. This justification is for other than full and open competition for the procurement of certain construction materials. The use of a particular brand name for the items listed below accommodate standardization of these items throughout the facility.

a. Building Automation Systems: Tridium Niagara and Distech

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

This procurement is for the EHRM Infrastructure Upgrades Construction project at the West Palm Beach VAMC. The scope includes everything necessary to complete the EHRM Infrastructure Upgrades Construction project that meets the requirements of the Department of Veterans Affairs. There are one (1) brand name items listed for which the VA is not able to accept equal or alternate item.

a. Building Automation System: Tridium Niagara interface, Distech Controllers.

i. Tridium Niagara interface, Distech Controllers.

ii.

iii. Description: Complete installation including hardware and software, programming, and licensing of Heating, Ventilation, and Air-Conditioning (HVAC) and building automation system (BAS) capture and recording equipment matching existing to ensure and maintain proper operation of the interior climate system.

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

( ) 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;

( ) Unusual and Compelling Urgency per 41 USC §3304(a)(2) as implemented by FAR 6.302-2;

( ) Industrial Mobilization, Engineering, Developmental or Research Capability or Expert Services per 41 USC §3304(a)(3) as implemented by FAR 6.302-3;

( ) International Agreement per 41 USC §3304(a)(4) as implemented by FAR 6.302-4 (X ) Authorized or Required by Statute per 41 USC §3304(a)(5) as implemented by FAR

6.302-5;

( ) National Security per 41 USC §3304(a)(6) as implemented by FAR 6.302-6;

( ) Public Interest per 41 USC §3304(a)(7) as implemented by FAR 6.302-7;

VHAPG Part 806.3 OFOC

5. Demonstration that the Contractor’s Unique Qualifications or Nature of the

Acquisition Requires the Use of the Authority Cited Above (applicability of authority):

These items have been standardized throughout the West Palm Beach VAMC. Installing a different manufacturers’ systems will create significant duplication in costs for the facility, and in most cases the equipment will not function properly. The specific impact for not using the brand name item is listed below:

a. Building Automation Systems

i. Tridium Niagara interface, Distech Controllers.

ii. Impact: Using any other other devices like the Siemens DXR controllers while it is IE 802.3 ‘compatible’, it is not compliant. In specificity, if you have one controller to fail you’ll fail the rest of the controllers down and upstream.

It also is not Mission Critical rated and controllers must be robust in their hardware and software development. Other options such as adding switches adds more points of failure and/ or also doing a ring topology within ethernet networks.

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 Service-Disabled Veteran-Owned Small-Business (SDVOSB) set-aside. This Justification for Other Than Full and Open Competition will be posted to Contract Opportunities with the solicitation.

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

The Government estimate was prepared by the VA team and confirmed by the Contracting Officer’s Representative (COR).

The items for which brand name approval is being requested are essential components to HVAC controls in the overall construction project. This procurement will be competed and based on competition; the CO 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:

The market research for the required brand name items was conducted and prepared by the COR and A/E. This information was then shared with the CO for further review. The CO was in concurrence with information provided that supported these brand name items. Approval of the items as brand name only is critical for the overall efficiency of the completed project and the entire West Palm Beach VAMC.

The market research concerning the required brand name items was previously conducted when the procurement of these items were originally purchased. The manufacturers and products are exclusively acceptable for reasons outlined in this J&A.

An additional purpose of the market research was to ensure requirements of the Buy

American Act (BAA) has been met for each of the brand name items identified. The A/E

VHAPG Part 806.3 OFOC team reviewed each of the compliance standards for the BAA and compared it with the components in each of the brand name items. After their thorough review, they have concluded that each item is in compliance with the BAA. See an overview below for each item:

a. Building Automation Systems – Tridium Niagara interface, Distech Controllers.

i. Based on discussions with customer service and extensive research online, it has been confirmed that these items are Distech under Acuity are manufactured in Atlanta, Georgia and Tridium in Richmond, Virginia.

Therefore, there are no concerns regarding the “Buy American” compliance.

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

The new components (software and servers) must be able to tie into the existing and operational systems including the use of existing hardware. At this time, there are no competing vendors who have the programming rights to the systems, and products must be fully compatible with the existing systems being used at the West Palm Beach VAMC.

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

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 Certification (required): I certify that the foregoing justification is accurate and complete to the best of my knowledge and belief.