Justification and Approval - Programming_Redacted.pdf

Department of MEMORANDUM Veterans Affairs

Date: 11 May 2026

From: Contracting Officers Representative

Subj: Contract: 36C77623C0149 “EHRM Infrastructure Upgrades” - West Palm Beach VA Medical Center Justification and Approval – Out-of-Scope Modification – Other Than Full and Open Competition (FAR 6.302)

Thru: Contracting Officer

To: Contract File

1. Contracting Activity:

U.S. Department of Veterans Affairs, Veterans Health Administration (VHA), Program Contracting Activity Central (PCAC), 6100 Oak Tree Boulevard, Suite 490, Independence, OH 44131. 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:

The contracting activity plans to award a modification to existing firm-fixed price contract number 36C77623C0149. The original contract award was competed among VHA Program Contracting Activity Central (PCAC) SDVOSBs and awarded in the original amount of

This justification is for other than full and open competition for the procurement of certain programming services within the construction project. The use of a particular contractor for the items listed below to maintain standardization and responsibility of these items throughout the facility:

Building Automation Systems: All programming, integration, graphics, and service maintenance agreements shall be provided by Brooks Building Solutions.

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

The Department of Veterans Affairs requires programming, integration, graphics development, and service/maintenance support for the Tridium Niagara Building Automation System (BAS) installed at the West Palm Beach VA Medical Center (WPB VAMC). This effort is necessary to ensure full and seamless integration of new BAS components into the existing Niagara framework, which supports mission-critical operations across the WPB VAMC campus.

While BAS hardware may be procured from any qualified source that meets mission-critical design and performance requirements, all Niagara-based software programming, graphics, configuration, and system-level integration must be performed by Brooks Building Solutions.

Brooks is the existing integrator for the WPB VAMC and maintains the proprietary programming, graphics files, software configurations, and licensing currently deployed throughout the facility.

Their continued involvement is required to maintain compatibility with the established Niagara architecture and to ensure uninterrupted BAS functionality essential to the safe, reliable operation of the medical center.

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

USC §3304(a)(1) as implemented by RFO 6.103-1 provides the express authority to use other than competitive procedures for Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirement.

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

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

Brooks Building Solutions is uniquely qualified to perform the required Tridium Niagara programming and integration services at WPB VAMC because they serve as the current BAS integrator and hold existing service and maintenance agreements with the Department of Veterans Affairs. Brooks maintains proprietary programming, graphics libraries, configuration data, and licensing embedded within the BAS operating across this mission-critical medical campus.

Engaging any contractor other than Brooks to perform Niagara programming or integration could create significant operational, technical, risks. These include potential system instability, conflicting programming versions, mismatched graphics and naming conventions, loss or limitation of warranty or support, and compliance concerns.

Such risks would directly affect the performance of mission-critical systems at WPB VAMC, including infrastructure supporting the data center and other essential building functions.

Brooks is the only contractor with access to and knowledge of the proprietary elements required to maintain system integrity. Their continued involvement provides a single point of responsibility and avoids the duplication of effort, system disruption, increased cost, and potential operational failure that could occur if a new integrator were introduced.

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

The Government evaluated the feasibility of full and open competition; however, soliciting offers from additional sources for Tridium Niagara programming and integration services is not practicable at the WPB VAMC. The existing BAS depends on proprietary programming, graphics, and licensing developed and maintained by Brooks Building Solutions. Competing these integration services would require reverse-engineering or replacing these proprietary elements, resulting in duplication of cost and unnecessary technical and operational risk to the Government.

To the maximum extent practicable, competition remains available for BAS hardware components that meet the mission-critical requirements of WPB VAMC. However, due to the proprietary nature of the existing Niagara environment and the need to maintain uniformity, cybersecurity compliance, and system stability across the medical center’s mission-critical infrastructure, only Brooks Building Solutions can perform the required Niagara programming and integration tasks without additional risk to BAS operations.

Therefore, under the authority of USC §3304(a)(1) and FAR 6.302-1, the Government has determined that TPG must contract with Brooks Building Solutions to ensure continuous, reliable, and fully compatible BAS performance across the WPB VAMC campus.

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

The government will issue an RFP to the existing construction contractor for the change after developing the SOW and the IGE.

When received the proposal will be evaluated by the COR and the proposal and its data will be the subject of rigorous analysis. The government’s prenegotiation position will be based on current market pricing using RS Means Facilities Construction Cost Data (adjusted for inflation) and technical analysis of the proposal itself.

Also, in accordance with FAR 15.406, FAR 15.403-5, and FAR 52.243-1;(Alt III) a price reasonableness determination will be made before modification award based on cost and/or price analysis and negotiation.

8. Description of the Market Research Conducted and the Results, or a Statement of the Reasons Market Research Was Not Conducted:

Market research was conducted prior to award of the contract. The final market research documents were signed on 1 May 2023, indicating that an adequate number of SDVOSB concerns had been obtained to comply with the rule of two. Due to the emergent nature of the requirement and tight coordination to avoid major construction disruption which could cause significant delay for both the projects, additional market research at this time would not be beneficial.

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

It is likely that award to any other source would result in-

(A) Substantial duplication of cost to the Government that is not expected to be recovered through competition; or

(B) Unacceptable delays in fulfilling the agency’s requirements. (See 10 U.S.C. 3204(b)(B) or 41 U.S.C. 3304(b)(2).)

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

N/A

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:

This J&A represents an effort by the VA to mitigate project timing and coordination issues which had previously resulted in issuing a statement of work that, while actionable, resulted in greater costs and increased schedule risk to the government. The base award was competitively awarded to an SDVOSB.

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 FAR 6.304

a. Contracting Officer's or Designee’s Certification (required): I certify that the foregoing justification is accurate and complete to the best of my knowledge and belief.