IFB Attachment 13 - Brand Name Justification.pdf

Project No. 537-327

Women’s Health Bldg 30 2nd Floor – Jesse Brown VAMC

VHAPG Part 806.3 OFOC Page 1 of 6 Revision: 02 Effective Date: 11/15/23 Acquisition ID#: 36C776-24-AP-0335

DEPARTMENT OF VETERANS AFFAIRS

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

Acquisition Plan Action ID: 36C252-25-AP-2485

1. Contracting Activity:

Veterans Health Administration (VHA), Program Contracting Activity Central (PCAC) The proposed procurement, Invitation for Bid (IFB) 36C77625B0012 is for the Women’s Health Building 30 2nd Floor Minor Construction project at the Jesse Brown VA Medical Center (VAMC) located in Chicago, IL.

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

This justification is to support the Women’s Health Building 30 2nd Floor Minor Construction project at the Jesse Brown VAMC, that will be awarded as a firm-fixed price contract. 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. Fire Alarm System

i. All fire alarm devices (strobes, speakers, detectors, pull stations, etc.) must integrate with:

i. Manufacturer: Siemens

ii. Product Line: FireFinder XLS/XLSV

b. Nurse Call System

i. Product: JERON PROVIDER 790

ii. Manufacturer: JERON Electronic Systems, Inc.

c. Security System

i. Video security and card access readers must integrate with: Avigilon Unity

Security

i. Manufacturer: Avigilon (MOTOROLA SOLUTIONS)

ii. Reference: https://www.avigilon.com/integrations

d. HVAC Controls Building Automatic System (BAS)

i. AC controllers must utilize BACnet communication protocol and integrate with

Tridium Niagara front-end system.

ii. Examples of product lines that meet above requirements:

i. Facility Explorer FX by Johnson Controls

ii. Alerton controllers by Honeywell

iii. JACE controllers by Tridium

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

This procurement is for the Women’s Health Building 30 2nd Floor Minor Construction project at the Jesse Brown VAMC. The scope includes everything necessary to complete the Women’s Health Building 30 2nd Floor Minor Construction project that meets the requirements of the Department of Veterans Affairs. There are four (4) brand name items listed for which the VA is not able to accept equal or alternate items. The value of the items are listed below. The VAAR Construction magnitude for the entire project is between $10,000,000 and $20,000,000.

a. Fire Alarm https://www.avigilon.com/integrations

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i. Manufacturer: Siemens

ii. Product Line: FireFinder XLS/XLSV

iii. Value: $113,000

iv. Description: Complete installation and programming of fire alarm initiating and notification appliances matching existing to ensure and maintain proper operation of the existing fire alarm system.

b. Nurse Call System

i. Manufacturer: Jeron Electronic Systems Inc.

ii. Product line: Jeron Provider 790

iii. Value: $143,000

iv. Description: Complete installation, programming, and licensing of nurse call devices to matching existing, to ensure and maintain proper operation.

c. Security System

i. Manufacturer: Avigilon (by Motorola Solutions)

i. Other manufacturers acceptable provided they integrate with existing

Avigilon Unity Security system.

ii. Value: $110,000

iii. Description: Complete installation, programming, and necessary software licenses for new security cameras, card access readers, and communication components to integrate with existing system providing visibility on the VA PD’s network and ensure proper operation of the existing physical security systems (video surveillance and card access).

d. HVAC Controls Building Automatic System (BAS)

i. Manufacturer: Tridium

i. Other manufacturers are acceptable, provided they integrate with existing Tridium Niagara front-end system.

ii. Value: $285,000

iii. Description: Complete installation and programming of HVAC Controls integrating electronic devices to regulate heating, ventilation, and air conditioning, using sensors, controllers, and actuators.

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

(X) 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

( ) 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;

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 Jesse Brown 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 items is listed below:

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a. Fire Alarm System

i. Manufacturer / Product: Siemens – FireFinder XLS Products

ii. Impact: All of the existing fire alarm devices and controls panels in the facility are Siemens products. The fire alarm devices are all UL-rated life safety devices, which must communicate with the master fire alarm control panels (FACPs). Using a non-Siemens devices for this project would require a new fire alarm control panel which adds cost to the system. Moreover, the new devices would require a service contract with another vendor; currently Jesse Brown VAMC has an agreement with Siemens and a second service contract with another fire alarm vendor would create additional administrative burden and confusion. Moreover, building code requires the FACPs to be located in specific areas on the 1st floor for easy access by the fire department. Space for the control panels is limited and already occupied by Siemens master panels. Adding new master control panels maybe confusing to first responders who will need to switch between 2 different systems in the event of an emergency.

b. Nurse Call System

i. Manufacturer / Product: Jeron Provider 790

ii. Impact: VA currently uses Jeron Provider 790. Devices and/or equipment other than the existing manufacturer may not provide correct interface and operability with existing monitoring, recording, and control equipment. The patient call system is crucial patient care and quick response to life threatening emergencies. Modifications of the existing system without the correct original equipment manufacturer (OEM) components and service can compromise the integrity of the entire system. Factory trained and authorized service must be located and supported by OEM within a limited travel time to provide emergency service support. Moreover, clinical staff has been trained and is accustomed to the existing system. A new nurse call system would require costly staff retraining which cost time and money. New devices would create confusion, especially if clinical nursing staff rotate to the new Women’s Health clinic to/from another area, which can negatively impact patient care.

c. Security System

i. Avigilon – [Other manufacturers acceptable provided they integrate with existing Avigilon Unity Security system.]

ii. Impact: VA currently uses Avigilon by Motorola Security System. All card access and video security devices must integrate with Avigilon (Reference:

https://www.avigilon.com/integrations) or they will not function. Using non-compatible devices would require a redundant second front-end system to be built including new network switches, workstations, software, etc. a substantial cost to the government. Modifications of the existing system without the correct components and service can compromise the integrity of the entire system, presenting a physical security risk to staff and patients.

Additionally, VA Police are trained on current Avigilon Security System. Using Avigilon compatible devices will avoid staff retraining resulting savings of time and money.

d. HVAC Controls Building Automatic System (BAS)

i. Manufacturer: Tridium - [other manufacturers are acceptable, provided they integrate with existing Tridium Niagara front-end system.]

ii. Impact: Currently the HVAC Controls installed at VA is by the Tridium

Niagara FX. Tridium Niagara FX system is adaptable by BACnet. The Niagara Framework, on which Niagara FX is based, is known for its ability to communicate with multiple protocols. New AC controllers must integrate with https://www.avigilon.com/integrations

VHAPG Part 806.3 OFOC Page 4 of 6 Revision: 02 Effective Date: 11/15/23 Acquisition ID#: 36C776-24-AP-0335 the existing Tridium system, or they will not be visible on the facility’s building automation system (BAS). Not being on the BAS greatly restricts JBVA’s maintenance and operation (M&O) staff ability to troubleshoot and correct issues with the AC system. This would negatively impact system reliability and lead to delays in critical repairs (because issues are less evident without the BAS), and fluctuations in system parameters (temperature, humidity, pressurization, etc.) outside of VHA required limits. AC parameters such as temperature and humidity, effect not only staff/veteran comfort but also present clear health and infection prevention risks. Clinical areas cannot operate without proper HVAC as humidity, pressurization, and air exchanges

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 anticipated price to the Government for the items requested to be brand name is approximately $651,000.

The items for which brand name approval is being requested are subsequent components to 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 equipment was conducted and prepared by the COR and shared with the CO for further review. The CO was in concurrence with information provided in the estimate that supported 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 Jesse Brown

VAMC.

Market research was conducted to ensure requirements of the Buy American Act were met for each of the brand name items that were included for the Jesse Brown VAMC. The research involved reviewing the item information that was available through the company websites including product certifications and technical documentation. *Supporting documentation will be housed as separate attachment files.

• Avigilon by Motorola Security System: Research was conducted on the company website, product brochures, and reaching out to the contact on the contact page. There is no information that indicates these products are not made in America. There is no conflict with the Buy American Act.

• Tridium Niagara FX system: Research was conducted on the company website, product brochures, and reaching out to the contact on the contact page. There is no information that indicates these products are not made in America. There is no conflict with the Buy American Act.

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• Jeron Provider 790: Research was conducted on the company website, product brochures, and reaching out to the contact on the contact page. There is no information that indicates these products are not made in America. There is no conflict with the Buy American Act.

• Siemens – FireFinder XLS Products: Research was conducted on the company website, product brochures, and reaching out to the contact on the contact page. There is no information that indicates these products are not made in America. There is no conflict with the Buy American Act.

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 Jesse Brown 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.

Jay Thakkar Date Contracting Officer’s Representative (COR) Jesse Brown VAMC

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.

Jennifer Braaten Date Contracting Officer https://dvagov.sharepoint.com/sites/VHAProcurement/VHAPM/VHAPM_Part_806.3.aspx

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Program Contracting Activity Central

b. One Level Above the Contracting Officer (Required over SAT but not exceeding $750K): I certify the justification meets requirements for other than full and open competition.

Megan Dohm Date

Supervisory Contracting Officer Program Contracting Activity Central