Att 6 - Brand Name Justification - Bronx BP 8-4-25 Revised.pdf

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Attached to
526-22-900 Replace Boiler Plant Construction - Bronx VAMC Federal contract opportunity
Solicitation number
36C77625B0028
Issued by
Department of Veterans Affairs Technology Acquisition Center Austin

About this file

This document is a Justification and Approval (J&A) for Other Than Full and Open Competition for a boiler plant construction project at the Bronx VA Medical Center (VAMC). The procurement, valued between $20 million and $50 million, will be a Service-Disabled Veteran-Owned Small Business (SDVOSB) set-aside, with specific brand-name requirements for 14 critical system components including emergency generators, transformers, electrical panels, circuit breakers, fire alarm systems, and building automation systems.

The justification details why specific manufacturers like Caterpillar, Powersmiths, ASCO, Schneider Electric, Johnson Controls, and others are required, emphasizing system compatibility, standardization, and operational integrity. Each component's potential impact of using alternative manufacturers is extensively documented, highlighting risks to electrical systems, life safety, power infrastructure, and facility operations. The document includes Buy American Act compliance verification for each brand-name item and has received multiple levels of internal approval, with signatures from various VA contracting officials dated between June and July 2025.

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Other files for this federal contract opportunity

Other files attached to 526-22-900 Replace Boiler Plant Construction - Bronx VAMC, newest first.
File Type Posted
Amendment 5 - 36C77625B0028 0005 8-19-2025.pdf PDF
Online Bid Opening Meeting Information.docx DOCX document
Tech Questions Tracker - Bronx 8.14_Responses.docx DOCX document
36C77625B0028 Amendment 0004.docx DOCX document
Construction Wage Rates - Bronx - 8-8-25.pdf PDF
36C77625B0028 Amendment 0003.docx DOCX document
Bronx VAMC Boiler Plant RBM Survey Report - Final.pdf PDF
Tech Questions Tracker - Bronx 8.7_Responses.docx DOCX document
Solicitation section 2.3 and 2.8 revisions.docx DOCX document
36C77625B0028 Amendment 0002.docx DOCX document
Construction Wage Rates - Bronx - 7-25-25.pdf PDF
36C77625B0028 Amendment 0001.docx DOCX document
Sign in sheet - Repace Bronx Boiler Plant Construction.pdf PDF
Att 5 - Construction Wage Rates - Bronx - 7-4-25.pdf PDF
Att 6 - Brand Name Justification - Bronx BP 7-1-25.pdf PDF
Att 1 - Bronx 526-22-900 Replace Boilers Bid Design Review - Specifications - Volume III.pdf PDF
Att 1 - Bronx 526-22-900 Replace Boilers Bid Design Review - Specifications - Volume I.pdf PDF
Att 4 - VHA PCRA 2024 526-22-900 Replace Bronx Boiler Plant.pdf PDF
Att 7 - Limitations on Subcontracting - Construction.docx DOCX document
Att 9 - Bronx Boiler Replacement Investigation Report.pdf PDF
36C77625B0028.docx DOCX document
Att 1 - Bronx 526-22-900 Replace Boilers Bid Design Review - Specifications - Volume II.pdf PDF
Att 2 - Bronx 526-22-900 Replace Boilers Bid Design Review - Drawings.pdf PDF
Att 3 - SOW - Replace Bronx Boiler Plant R12 - 6-16-25.pdf PDF
Att 8 - Site Visit Instructions.pdf PDF
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Text version

Project No. 526-22-900 Project Title: Replace Boiler Plant Construction – Bronx VAMC

VHAPG Part 806.3 OFOC Page 3 of 12 Revision: 03 Effective Date: 04/15/24 Acquisition ID#: 36C776-25-AP-1450

iii. Description: Complete installation of electrical panelboards to matching existing to ensure and maintain proper power for the new boiler plant equipment.

g. Circuit Breakers

i. Schneider Electric USA/Square D ii.

iii. Description: Complete installation of new circuit breakers shall be installed

h. Receptacles

i. Leviton ii.

iii. Description: Complete installation of new receptacles to ensure and maintain proper operation of the existing powered equipment and to support boiler plant operations.

i. Disconnect Switches

i. Schneider Electric USA/Square D ii.

iii. Description: Complete installation of disconnect switches for all new installed equipment that require accessible, line-of-sight safety shut off in event of emergencies or regular maintenance.

j. Fire Alarm System

i. Johnson Controls (JCI) Simplex ii.

iii. 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.

k. Building Automation System (Tridium-based JCI FX system)

i. Independent Temperature Control Inc. (ITC) ii.

iii. Description: Complete installation and programming of an extension to the building automation system compatible with existing to ensure and maintain proper operation of the boiler plant and provide notifications and alerts.

l. Security Camera and Monitoring System

i. Motorola Avigilon ii.

iii. Description: Complete installation, programming, and licensing of digital video capture and recording equipment matching existing to ensure and maintain proper operation of the video surveillance system.

m. Fuel Tank Monitoring System

i. Veeder-Root ii.

iii. Description: Complete installation and programming of a new fuel oil maintenance system to filter and remove moisture from the stored fuel oil in the fuel oil tanks.

n. Mortar Flooring System

i. Stonhard ii.

iii. Description: Robust, impact resistant, and durable flooring for that can withstand heavy foot traffic, high heat, increased humidity and doesn’t chip easily.

VHAPG Part 806.3 OFOC Page 6 of 12 Revision: 03 Effective Date: 04/15/24 Acquisition ID#: 36C776-25-AP-1450 panel boards. The electrical system is critical for providing power for patient care, visitors, staff, and the facility. Modifications of the existing electrical system without the correct OEM components and service can compromise the integrity of our entire system. Standardization is crucial. Using non- Schneider Electric/Square D components or systems may result in delayed maintenance, operational failure or even incompatibility with the existing electrical infrastructure. The electrical system is vital for life safety, providing power and automatic system responses to protect patients, staff, and visitors.

Unauthorized modifications risk compromising the reliability and code compliance of the electrical system.

g. Circuit Breakers

i. Schneider Electric USA/Square D

ii. Impact: Any other devices and equipment not of the existing manufacturer may not provide correct interface and operability with our existing electrical system and maintenance operations. The existing electrical system utilizes mainly Square D circuit breakers. The electrical system is critical for providing power for patient care, visitors, staff, and the facility. Modifications of the existing electrical system without the correct OEM components can compromise the integrity of our entire system. Standardization is crucial.

Using non-Schneider Electric/Square D components or systems may result in delayed maintenance, operational failure or even incompatibility with the existing electrical infrastructure. The electrical system is vital for life safety, providing power and automatic system responses to protect patients, staff, and visitors. Unauthorized modifications risk compromising the reliability and code compliance of the electrical system.

h. Receptacles

i. Leviton

ii. Impact: Any other devices and equipment not of the existing manufacturer may not provide correct interface and operability with our existing electrical system and maintenance operations. The existing electrical system utilizes mainly Leviton receptacles. The electrical system is critical for providing power for patient care, visitors, staff, and the facility. Modifications of the existing electrical system without the correct OEM components can compromise the integrity of our entire system. Standardization is crucial.

Using non-Leviton components or systems may result in delayed maintenance, operational failure or even incompatibility with the existing electrical infrastructure. The electrical system is vital for life safety, providing power and automatic system responses to protect patients, staff, and visitors.

Unauthorized modifications risk compromising the reliability and code compliance of the electrical system.

i. Disconnect Switches

i. Schneider Electric USA/Square D

ii. Impact: Any other devices and equipment not of the existing manufacturer may not provide correct interface and operability with our existing electrical system and maintenance operations. The existing electrical system utilizes mainly Square D disconnect switches. The electrical system is critical for providing power for patient care, visitors, staff, and the facility. Modifications of the existing electrical system without the correct OEM components can compromise the integrity of our entire system. Standardization is crucial.

Using non-Schneider Electric/Square D components or systems may result in

VHAPG Part 806.3 OFOC Page 7 of 12 Revision: 03 Effective Date: 04/15/24 Acquisition ID#: 36C776-25-AP-1450 delayed maintenance, operational failure or even incompatibility with the existing electrical infrastructure. The electrical system is vital for life safety, providing power and automatic system responses to protect patients, staff, and visitors. Unauthorized modifications risk compromising the reliability and code compliance of the electrical system.

j. Fire alarm system

i. Johnson Controls (JCI) Simplex

ii. Impact: Any other devices and equipment not of the existing manufacturer may not provide correct interface and operability with the existing fire protection system. The fire protection system is critical for safeguarding patients, visitors, staff, and the facility. Modifications of the existing without the correct 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. Using non-Simplex components or systems may result in operational failure or incompatibility with the existing fire alarm infrastructure. The fire alarm system is vital for life safety, providing early warning and automatic system responses to protect patients, staff, and visitors. Unauthorized modifications risk compromising the reliability and code compliance of the fire protection system, including integration with elevator recall, HVAC shutdown, and emergency notification systems.

k. Building Automation System (Tridium-based JCI FX system)

i. Independent Temperature Control Inc. (ITC)

ii. Any other devices and equipment not of the existing manufacturer may not provide correct interface and operability with the existing building automation system (BAS). The BAS is a specialty system critical for providing a safe environment for patients, visitors, and staff. Modifications to the existing system without the correct OEM components and service can compromise the integrity of the entire system. Trained specialists and authorized service must be located and supported by OEM within a limited travel time to provide emergency service support. Using non-Tridium-based JCI components or systems may result in operational failure or incompatibility with the existing fire alarm infrastructure. The BAS is vital for patient and staff safety, providing early warning and automatic system responses to protect patients, staff, and visitors from unsafe cold environmental conditions. Unauthorized modifications risk compromising the reliability and code compliance of the HVAC system.

l. Security Camera and Monitoring System

i. Motorola Avigilon

ii. Impact: Installing video surveillance devices and equipment not manufactured by Motorola Avigilon may result in loss of interface compatibility with the existing monitoring, recording, and control infrastructure. Any other devices and equipment not of the existing manufacturer may not provide correct interface and operability with existing monitoring, recording, and control equipment. The video surveillance system is crucial for safeguarding patients, visitors, staff, and the facility against unlawful and unauthorized activities. 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

VHAPG Part 806.3 OFOC Page 8 of 12 Revision: 03 Effective Date: 04/15/24 Acquisition ID#: 36C776-25-AP-1450 and authorized service must be located and supported by OEM within a limited travel time to provide emergency service support.

m. Fuel Tank Monitoring System

i. Veeder-Root

ii. Impact: Using any other devices and equipment not of the existing manufacturer will require redesign by the architectural/engineering firm as the fuel tank monitoring system parameters are contingent on the system design.

The fuel tank monitoring system is critical for monitoring for any fuel leaks which are dependent on pressure, piping, and environmental conditions.

Modifications of the new fuel monitoring systems without A/E redesign could compromise the integrity of the existing fuel monitoring system.

n. Mortar Flooring System

i. Stonhard

ii. Impact: Using any other material not of the existing manufacturer will risk poor quality and more frequent maintenance than necessary and impacts operational effectiveness of the facility. The flooring provided by this manufacturer meets a specific need for the critical area that is the boiler plant. Due to the intense heat, high humidity and frequent traffic only a limited few can meet those conditions in terms of durability. It is imperative that as the flooring is laid down that it lasts as long as the newly installed boilers if not longer due to maintenance difficulties and operational impacts once the boiler plant job is completed. Changes to the flooring material and manufacturer could compromise the integrity of the existing flooring so an impact resistant long-lasting flooring material must be used.

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 .

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 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

VHAPG Part 806.3 OFOC Page 10 of 12 Revision: 03 Effective Date: 04/15/24 Acquisition ID#: 36C776-25-AP-1450

i. Schneider Electric USA/Square D

ii. Based on discussions with customer service and extensive research online, it has been confirmed that this product is manufactured in United States of America. Therefore, there are no concerns regarding the “Buy American” compliance.

g. Circuit Breakers

i. Schneider Electric USA/Square D

ii. Based on discussions with customer service and extensive research online, it has been confirmed that this product is manufactured in United States of America (USA). Therefore, there are no concerns regarding the “Buy American” compliance.

h. Receptacles

i. Leviton

ii. Based on discussions with customer service and extensive research online, it has been confirmed that this product is manufactured in United States of

i. Disconnect Switches

i. Schneider Electric USA/Square D

ii. Based on discussions with customer service and extensive research online, it has been confirmed that this product is manufactured in United States of

j. Mortar Flooring System

i. Stonhard

ii. Based on extensive research online, it has been confirmed that this item is manufactured in Maple Shade, New Jersey. 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 Bronx 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.

VHAPG Part 806.3 OFOC Page 11 of 12 Revision: 03 Effective Date: 04/15/24 Acquisition ID#: 36C776-25-AP-1450

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.

David Ng Date Supervisor General Engineer Bronx 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.

Joseph Rossano Date Contracting Officer 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.

Donald A. Marsh III Date

Supervisory Contracting Officer Program Contracting Activity Central

c. Director of Contracting (If HCA review/signature is required): I certify the justification meets requirements for other than full and open competition.

Richard C. Dahmen Date

Director of Contracting, PCAC

d. VHA RPO HCA Review and Approval: I have reviewed the foregoing justification and find it to be complete and accurate to the best of my knowledge and belief and

06/30/2025

DAVID NG

Digitally signed by DAVID

NG

Date: 2025.06.30 15:24:05 -04'00'

JOSEPH

ROSSANO

Digitally signed by JOSEPH

ROSSANO

Date: 2025.06.30 16:07:21 -04'00'

DONALD

MARSH

Digitally signed by

DONALD MARSH

Date: 2025.07.01 06:52:34 -04'00'

RICHARD DAHMEN Digitally signed by RICHARD DAHMEN Date: 2025.07.02 07:06:25 -04'00'

VHAPG Part 806.3 OFOC Page 12 of 12 Revision: 03 Effective Date: 04/15/24 Acquisition ID#: 36C776-25-AP-1450 recommend approval (if over $75 million) or approve ($750K to $75 million) for other than full and open competition.

Daryl A. Berg Date Executive Director, Regional Procurement Office Central Head of Contracting Activity

07/09/2025

DARYL BERG

Digitally signed by DARYL

BERG

Date: 2025.07.09 12:22:06 -05'00'

File details come from the government source that posted it. Updated .