0009 - 630A4-22-700 Brand Name Justification.pdf

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Y1BG--Brooklyn EHRM Infrastructure Upgrades Construction VA Medical Center Brooklyn, NY 630A4-22-700
Solicitation number
36C77626B0002
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About this file

This is a Justification and Approval (J&A) for Other Than Full and Open Competition issued by the Department of Veterans Affairs for a construction project procurement.

The document justifies the use of a single-source, non-competitive procurement exception for the Continental Physical Security Access Control System as part of the EHRM Infrastructure Upgrades construction project at the VA New York Harbor Healthcare System's Brooklyn VA Medical Center. The overall construction project has a value between $20,000,000 and $50,000,000 and will be awarded as a firm-fixed-price contract. The brand-name restriction applies only to the Continental access control system component, which requires complete installation and programming of control panels and software to maintain compatibility with the facility's existing physical access control system (PACS). The statutory authority cited is 41 USC §3304(a)(1)—only one responsible source and no other supplies or services will satisfy agency requirements. The J&A emphasizes that using alternative manufacturers' components would create compatibility issues, duplicate costs, compromise system integrity, and create patient safety risks since the PACS is vital for authorized personnel access to key patient care areas. Although this specific component is brand-name restricted, the overall procurement will be competed as a Service-Disabled Veteran-Owned Small Business (SDVOSB) set-aside. Market research confirmed that Continental Access (a division of Napco, US-based in Amityville, New York) is GSA-certified, FIPS-201 compliant, and meets Buy American Act requirements. The J&A was certified by General Engineer John Situ and approved by Contracting Officer Richelle N. Gray of VHA PCAC with an effective date of December 15, 2025.

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Project No. 630A4-22-700 EHRM Infrastructure Upgrades – Brooklyn

VHAPG Part 806.3 OFOC Page 1 of 4 Revision: 04 Effective Date: 12/15/25 Acquisition ID#: 36C776-26-AP-0184

DEPARTMENT OF VETERANS AFFAIRS

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

Acquisition Plan Action ID: 36C776-26-AP-0184

1. Contracting Activity:

Veterans Health Administration (VHA), Program Contracting Activity Central (PCAC) The proposed procurement, Invitation for Bids (IFB) 36C77626B0002, is for the EHRM Infrastructure Upgrades construction project at the VA New York Harbor Healthcare System (VANYHHS), Brooklyn VA Medical Center (VAMC) in Brooklyn, NY.

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

This justification is to support the EHRM Infrastructure Upgrades construction project at the VANYHHS, Brooklyn 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 item listed below accommodates standardization of this system throughout the facility.

a. Physical Security Access Control System

i. Continental

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

This procurement is for the EHRM Infrastructure Upgrades construction project at the VANYHHS, Brooklyn 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 is one brand name item listed for which the VA is not able to accept equal or alternate items. The value of the item is listed below. The VAAR construction magnitude for the entire project is between $20,000,000 and $50,000,000.

ii. Value: $

iii. Description: Complete installation and programming of control panels and software matching existing to ensure and maintain proper operation of the existing physical access control system (PACS), safeguarding access to all areas of the medical center to authorized personnel only.

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 41 USC §3304(a)(1) as implemented by RFO 6.103-1;

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

RFO 6.103-2;

( ) (3) Industrial Mobilization, Engineering, Developmental or Research Capability or Expert Services per 41 USC §3304(a)(3) as implemented by RFO 6.103-3;

VHAPG Part 806.3 OFOC Page 2 of 4 Revision: 04 Effective Date: 12/15/25 Acquisition ID#: 36C776-26-AP-0184

( ) (4) International Agreement per 41 USC §3304(a)(4) as implemented by RFO 6.103-4;

( ) (5) Authorized or Required by Statute per 41 USC §3304(a)(5) as implemented by

RFO 6.103-5;

( ) (6) National Security per 41 USC §3304(a)(6) as implemented by RFO 6.103-6;

( ) (7) Public Interest per 41 USC §3304(a)(7) as implemented by RFO 6.103-7

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 VANYHHS, Brooklyn VAMC.

Installing different manufacturers’ systems will create significant duplication in costs for the facility, and in most cases the equipment will not function properly, which creates a direct life and patient safety issue. The specific impacts for not using the brand name items are listed below:

ii. Impact: Any other system components not of the existing manufacturer may not provide correct interface and operability with existing PACS. The PACS is vital for authorized personnel to access key areas to provide direct patient care and safeguard critical operations of the facility.

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.

6. Description of efforts made to ensure that offers are solicited from as many potential sources as possible (including whether a notice was or will be publicized as required by RFO part 5 and, if not, which exception under RFO part 5 applies):

In accordance with the Competition in Contracting Act (CICA), the component listed above is 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 item requested to be brand name is approximately $ .

The item for which brand name approval is being requested is a subsequent component 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.

VHAPG Part 806.3 OFOC Page 3 of 4 Revision: 04 Effective Date: 12/15/25 Acquisition ID#: 36C776-26-AP-0184

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 item 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 this brand name item.

Approval of the item as brand name only is critical for the overall efficiency of the completed project and the entire VANYHHS, Brooklyn VAMC.

The market research concerning the required brand name item was previously conducted when the procurement of this item was originally considered. The manufacturer and products are exclusively acceptable for the reasons outlined in this J&A.

The market research also ensured requirements of the Buy American Act (BAA) have been met for the brand name item identified. The A/E team reviewed each of the compliance standards for the BAA and compared them with the components in the brand name item. After their thorough review, they have concluded that the item is in compliance with the BAA. See an overview below:

a. Physical Security Access Control System - Continental

i. Based on extensive online research, it has been confirmed that Continental Access is a division of Napco, a US-based manufacturer headquartered in Amityville, NY. Continental Access is also GSA certified and FIPS-201 compliant. Therefore, there are no concerns regarding compliance with the Buy American Act.

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

The new components (control panels and software) must be able to tie into the existing operational system including the use of existing hardware. At this time, there are no competing vendors who have the programming rights to the system, and products must be fully compatible with the existing system being used at the VANYHHS, Brooklyn

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 item 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 supplier of the item and to submit a competitive offer for the project.

VHAPG Part 806.3 OFOC Page 4 of 4 Revision: 04 Effective Date: 12/15/25 Acquisition ID#: 36C776-26-AP-0184

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.

John Situ Date General Engineer VANYHHS, Brooklyn VAMC

13. Approvals in accordance with the VHAPM Part 806.3 OFOC SOP:

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

Richelle N. Gray Date Contracting Officer

VHA PCAC

RICHELLE GRAY

Digitally signed by RICHELLE

GRAY

Date: 2026.04.02 13:52:32 -04'00'

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