0004 - Brand Name Justification.pdf

DEPARTMENT OF VETERANS AFFAIRS

Justification and Approval for

Other Than Full and Open Competition

1. Contracting Activity:

Veterans Health Administration (VHA), Program Contracting Activity Central (PCAC) is soliciting the Construct Primary Care/Mental Health Building Minor construction project at the Boise VA Medical Center (BVAMC) under Request for Proposal (RFP) 36C77624R0096. This project will be awarded as a firm fixed price contract.

2. Nature and/or description of the action being processed:

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 accommodates standardization of these items throughout the facility.

a. Security Access Control System

i. Lenel Access Control System

b. Building Automation System – HVAC

i. Automated Logic Building Automation System

3. Description of supplies/services required to meet the agency’s needs:

The scope includes everything necessary for this project as described in the construction documents (SOW, specifications, and drawings) to provide a 100% functional and certified product upon completion. There are two brand name items listed for which the VA is not able to accept equal or alternate items. The value of these items is listed below. The VAAR construction magnitude for the entire project is between $20,000,000 and $50,000,000.

a. Security Access Control System

i. Lenel Access Control System

ii. Value: $

iii. Description: physical security control of building access to designated areas, monitoring and all components required for this project to be installed and connect to the access control system.

b. Building Automation System – HVAC

i. Automated Logic Building Automation System

ii. Value: $

iii. Description: automation system for controlling and monitoring building’s HVAC systems including but not limited to temperature, humidity, and pressurization.

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

FAR 6.302-1; 41 U.S.C. § 3304(a)(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.

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 BVAMC. Installing a different manufacturer’s system will create significant duplication in cost for the facility, and in most cases the equipment will not function properly. The specific impacts for not using the brand name items are listed below:

a. Security Access Control System

i. Lenel Access Control System

ii. Impact: this access control system is currently in use campus wide at the Boise VAMC, all access control components shall be compatible with this system. The use of another system would not be cost effective and would cause compatibility issues.

b. Building Automation System

i. Automated Logic Building Automation Systems

ii. Impact: this building automation system is currently in use campus wide at the Boise VAMC;

use of another system would not be cost effective and would cause compatibility issues.

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 Contracting Officer that the anticipated cost to the Government will be fair and reasonable:

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

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 peripheral components to the overall construction project. This procurement will be competed and based on competition. The Contracting Officer (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 equipment was conducted and prepared by the COR and shared with the CO for further review. The CO is in concurrence with information provided to support the brand name items.

Approval of the items as brand name only is critical for the overall efficiency of the completed project and the entire BVAMC.

9. Any other facts supporting the use of other than full and open competition:

New components must be able to tie into the existing and operational systems, including the use of software. At this time, there are no competing vendors whose products are fully compatible with the existing systems being used at the BVAMC.

10. Listing of sources that expressed, in writing, an interest in the acquisition:

Not applicable. It is the responsibility of the offerors 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.