36E77619R0038-012.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) 36E77619R0038 is for the Emergency NFS Refrigerator and Freezer Replacement Design-Build project at the Overton Brooks VA Medical Center (VAMC).

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

This justification is to support the Emergency NFS Refrigerator and Freezer Replacement Design- Build project at the Overton Brooks 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 accommodates standardization of these items throughout the facility.

a. Building Automation and HVAC Control System

i. Johnson Controls Metasys Building Automation and HVAC Control System.

b. Door Hardware

i. Best E-Keyway mortise lockset with 7-pin interchangeable cores.

ii. Stanley door hinges

iii. Norton door closers

iv. Von Duprin exit devices

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

This procurement is to construct Replace NFS Refrigerators, Freezers & Controls project at the Overton Brooks VAMC. The scope includes everything necessary to construct comparable refrigerators, freezers and controls that meets the requirements of the Department of Veterans Affairs. There are three (3) brand name systems listed for which the VA is not able to accept equal or alternate items.

a. Building Automation and HVAC Control System

i. Johnson Controls Metasys Building Automation and HVAC Control System

ii. Value:

iii. Unique Qualifications: This product, the Johnson Controls Metasys Building

Automation and HVAC Control System, is the only product that allows for a single HVAC control system for the Overton Brooks facility. Johnson Controls Metasys control system is the campus-wide building and HVAC control System.

b. Door Hardware

i. Best E keyway mortise lockset with 7-pin interchangeable cores

ii. Value:

iii. Unique Qualifications: The medical center requires all construction incorporate the

Best E keyway keying system, to maintain facility wide access control requirements.

The Overton Brooks facility uses Stanley door hinges, Norton door closers, and Von Duprin exit devices across the campus and will preferentially consider these manufacturers to maintain uniformity of products but will still consider approved equal items that meet project specifications.

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 items have been standardized throughout the Replace NFS Refrigerators, Freezers & Controls project at the Overton Brooks VAMC. 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 items is listed below:

a. Building Automation and HVAC Control System

i. Johnson Controls Metasys Building Automation and HVAC Control System

ii. Impact: An incompatible system may require installation of new “front-end” and remote workstations as well as new software and programming. Additionally, installation of components that match the existing building automation system minimizes maintenance costs and bench stock requirements. It is necessary to match the existing system to ensure there are no interface problems, impacts to patient safety and familiarity of the product to the staff and maintenance personnel.

This is the only way to ensure complete compatibility and that the campus will not have two HVAC control systems on the Overton Brooks campus.

b. Door Hardware

i. Best E keyway mortise lockset with 7-pin interchangeable cores

ii. Impact: The Best system is the current mechanical access control system and it is required to maintain a facility wide keying system per VA specification 08 71 00 1.3 E “The following items to be of the same manufacturer, if possible, except as otherwise specified:

1. Mortise locksets.

2. Hinges for hollow metal and wood doors.

3. Surface applied overhead door closers.

4. Exit devices.”

It is also important to note that maintaining bench stock for the parts and keying components of an entirely different locking system and hardware sets would be expensive and time-consuming. Use of another brand would require duplicating efforts in training and double the stock on hand for replacement parts. These items are competitively priced and are widely available.

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.

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

Overton Brooks VAMC Engineering provided a complete government estimate. 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 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:

Market research was not conducted as a competitive procurement process will be used. Competing firms will deliver fair market prices for systems and items listed as all systems are common and use standard off the shelf components. The Contracting Officer and COR were in concurrence with information provided. Approval of the items as brand name only is critical for the overall efficiency of the completed project and the OBVAMC 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 systems being used at Replace NFS Refrigerators, Freezers & Controls project at the Overton Brooks VAMC. Converting the entire facility to another manufacturer’s system to accommodate two floors of a single building would be extremely disruptive to medical center operations and prohibitively expensive.

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.

Stacy Walden Date Contracting Officer’s Representative Overton Brooks VA Medical Center

1. 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)