36E77619R0071-009.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) 36E77619R0071 is for the Repair Station Control Air System and Install VFD’s D-B 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 Repair Station Control Air System and Install VFD’s D-B 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 a certain construction material. The use of a particular brand name for the item listed below accommodates standardization throughout the facility.

a. Building Automation, HVAC Control System, and equipment

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

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

This procurement is to design and build for the Repair Station Control Air System and Install VFD’s project at the Overton Brooks VAMC. The scope includes everything necessary to construct comparable VFD’s and controls that meets the requirements of the Department of Veterans Affairs.

There is one (1) brand name system 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, HVAC Control System, and equipment.

ii. Unique Qualifications: This product, the Johnson Controls Metasys Building Automation, HVAC Control System, and equipment 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.

iii. Price:

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 system and equipment been standardized throughout the Repair Station Control Air System and Install VFD’s 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 item is listed below:

a. Building Automation, HVAC Control System and equipment

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.

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:

Overton Brooks VAMC Engineering 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:

Market research was not conducted as a competitive procurement process will be used. Competing firms will deliver fair market prices for the system and item listed as it is common and uses standard off the shelf components. The Contracting Officer and COR were in concurrence with information provided. Approval of the item 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:

The new component 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 Repair Station Control Air System and Install VFD’s 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 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 item 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)