36E77619R0031-008.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) 36E77619R0031 is for the “Construct Warehouse” Project at the in Des Moines Iowa.

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

This justification is to support the Construct Warehouse project at the Des Moines 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 one item listed below which accommodates standardization of these fire alarms throughout the facility.

a. Simplex Fire Alarms

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

This procurement is to construct the “Construct Warehouse” project at the Des Moines VAMC at 3600 30th St, Des Moines, IA 50310. The scope includes everything necessary to construct a functional building that meets the requirements of the Department of Veterans Affairs. There is one brand name fire alarm listed for which the VA is not able to accept equal or alternate items. The value of fire alarms are listed below and the VAAR Construction magnitude for the entire project is between $2,000,000 and $5,000,000.

a. Simplex Fire Alarms

i. MANUFACTURER : Simplex-Grinnell

ii. Value: $ 4,650

iii. Unique Qualifications: Simplex-Grinnell uses proprietary programming language in their fire alarm and detection devices. Devices from other manufacturers would not be able to be integrated into the existing Simplex fire detection and alarm system.

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):

These fire alarms have been standardized throughout the Des Moines VAMC at 3600 30th St, Des Moines, IA 50310. Installing a different manufacturers’ 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 fire alarms is listed below:

a. Simplex Fire Alarms

i. MANUFACTURER: Johnson Controls

ii. Impact: Using products from another manufacturer would result in much higher costs due to the need for integration hardware or an entirely separate fire alarm system for the new warehouse building.

1. Integrator products would introduce numerous additional points of failure into a system that is critical for life safety protection.

2. A new, separate fire alarm system would more than double the cost of this system. This new system would also require additional service and monitoring contracts, increasing the workload of maintenance and contracting staff for the entire lifespan of the new system.

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 Federal Business Opportunities with the solicitation.

Multiple vendors are licensed to sell and install Simplex devices. This limitation only applies to the device manufacturer.

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

The design was completed by Bancroft Architects. Bancroft Architects provided a complete government estimate. The anticipated price to the Government for the fire alarms requested to be brand name is approximately $4,650

The fire alarms 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 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 Bancroft Architects to secure prices for the government estimate, and was shared with the Contracting Officer and Contracting Officer’s Representative (COR) for further review. The Contracting Officer and COR were in concurrence with information provided in the estimate that supported the brand name fire alarms.

These sources have been identified by Bancroft Architects as a result of their contract to design this project. Approval of the fire alarms 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:

New components must be able to tie into an existing and operational system including the use of software. At this time, there are no competing vendors whose products are fully compatible with the existing system being used in Des Moines IA.

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 fire alarms 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 fire alarms 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.

Steven A Long Date

General Engineer Des Moines 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.

Megan Dohm Date Contracting Officer VHA Program Contracting Activity Central (PCAC)