36E77619R0042-012.pdf

DEPARTMENT OF VETERANS AFFAIRS

Justification and Approval

For Other Than Full and Open Competition

Acquisition Plan Action ID: 36E776-19-AP-0074__________________

1. Contracting Activity:

Veterans Health Administration (VHA), Program Contracting Activity Central (PCAC)

The proposed procurement, Request for Proposal (RFP) 36E77618R0092 is for the DESIGN-BUILD to Correct Sacramento Campus Water System at the Northern California Health Care System (NCHCS).

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

This justification is to support the DESIGN-BUILD of the Correct Sacramento Campus Water System at NCHCS, 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 Management System

i. Johnson Controls

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

This procurement is to construct the DESIGN-BUILD Correct Sacramento Campus Water System NCHCS. The scope includes everything necessary to construct a functional building that meets the requirements of the Department of Veterans Affairs. There are one (1) brand name items listed for which the VA is not able to accept equal or alternate items. The value of these items is listed below and the VAAR Construction magnitude for the entire project is greater than $10,000,000.

a. Building Management System

i. Johnson Controls Building Management System

ii. Value: $30,000

iii. Description: Johnson Controls will be supplying the building management system for the project. This installation will include: Items such as; flow transmitters, flow controllers, level transmitters and controllers, temperature transmitters, motor VFD’s and pumps, pressure transmitters, pressure controllers, signals to campus monitoring, etc.

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 NCHCS. 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 Management System

i. Johnson Controls

ii. Impact: Johnson Control systems are currently operational at the NCHCS which runs all management systems throughout the campus. No other supplier could manufacture and install a management system that would properly interface with the existing campus infrastructure. The maintenance staff are current and trained on Johnson Control systems. The VA maintains parts and manuals for Johnson Controls on station. Installation of a building management system other than Johnson Control will result in greater training requirements for engineering and maintenance staff as they will need to be familiar with two different systems. The facilities staff who service and maintain the system will need to be trained and current on two types of building management systems, and the parts department will have to maintain spare parts for two different systems.

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 (CO) that the Anticipated Cost to the Government will be Fair and Reasonable:

Government estimate was prepared and provided by the Contracting Officer’s Representative (COR). The anticipated price to the Government for the items requested to be brand name is approximately $30,000.00.

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 equipment was conducted and prepared by the COR and shared with the CO for further review. The CO was in concurrence with information provided in the estimate that supported the brand name items. Approval of the items as brand name only is critical for the overall efficiency of the completed project and the Sacramento NCHCS 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 at the NCHCS.

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.

Jon Bassignani

Date

Chief of Projects/ COR

NCHCS

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.

Andrea Fink Date Contracting Officer VHA Program Contracting Activity Central (PCAC)

Jonathan L.

Bassignani 326635

Digitally signed by Jonathan L. Bassignani 326635 Date: 2019.04.23 10:19:20 -07'00'

Andrea L.

Fink 198348

Digitally signed by Andrea L. Fink 198348 Date: 2019.04.23 14:03:01 -04'00'