ATTACHMENT_10_-_J_A_BRAND_NAME_ITEM.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).

The proposed procurement, Request For Proposal (RFP) 36E77619R0005 for the Clinical Expansion for Mental Health and Sleep Lab Minor Construction project at the San Francisco VA Medical Center

(VAMC).

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

This justification is to support the Clinical Expansion for Mental Health and Sleep Lab Minor Construction project at the San Francisco VA Medical Center, 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 item throughout the facility.

a. Building Fire Alarm System

i. Johnson Controls

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

This procurement is to provide Clinical Expansion for Mental Health and Sleep Lab Minor Construction project at the San Francisco VA Medical Center. The scope includes everything necessary to construct a functional building that meets the requirements of the Department of Veterans Affairs. There is one (one) brand name item listed for which the VA is not able to accept equal or alternate items. The value of this item is listed below and the VAAR Construction magnitude for the entire project is between $5,000,000.00 and $10,000,000.00.

a. Building Fire Alarm System

i. Johnson Controls

ii. Value:

iii. Description: This item includes all fire alarm devices, and all required programming and system updates.

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 USC §253(c)(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):

This item has been standardized throughout the San Francisco VA Medical Center. 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 impact for not using the brand name item is listed below:

a. Building Fire Alarm System

i. Johnson Controls

ii. Impact: The additional fire alarm devices must communicate in a high degree of detail and function with the existing system to provide full protection and improve response time in case of a fire within the facility. The smoke detectors must communicate with the system to activate other devices within the system. The smoke/fire door closures must activate upon a signal from another device within the system. Refer to MFPA 72. This project is a minor extension of the existing system and would be cost prohibitive to change.

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 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 Federal Business Opportunities with the solicitation.

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

The design was completed by Advance Design Consultants, Inc. (ADC). ADC provided a complete government estimate. 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 Contracting Officer 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 design and equipment was conducted by ADC to secure prices for the government estimate, and was shared with the Contracting Officer and Contracting Officer’s Representative for further review. The Contracting Officer and Contracting Officer’s Representative were in concurrence with information provided in the estimate that supported the brand name item. This source has been identified by ADC as a result of their contract to design this project.

Approval of the item as brand name only is critical for the overall efficiency of the completed project and the facility as a whole.

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

All the specifications and drawings associated with this project have been developed identifying the brand name item as a requirement for the project. Standardization of most facility systems according to the preponderance of long term industry data results in substantially reduced costs for parts as well as maintenance and repair labor that far outweigh the potential savings to be had by full and open competition.

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 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.

Christopher Brazell Date Chief of Projects Section San Francisco VAMC

13. Approvals in accordance with FAR 6.304

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

Donald A. Marsh III Date Contracting Officer VHA Program Contracting Activity Central (PCAC)

Christopher M. Brazell 906492

2018.10.29 13:16:39 -07'00'

Donald A. Marsh 1489406 Digitally signed by Donald A. Marsh 1489406 Date: 2018.10.30 07:06:28 -04'00'