36E77620R0023-075.pdf

DEPARTMENT OF VETERANS AFFAIRS

Justification and Approval

For

Other Than Full and Open Competition

1. Contracting Activity:

The Department of Veterans Affairs (VA), Veterans Health Administration (VHA) Program Contracting Activity Central (PCAC) requires Design-Build services for the Repair Building 5 Deficiencies project at the Sioux Falls VAMC. This project has been determined to be a Bona Fide need by VISN 23, the VHA Office of Capital Asset Management Engineering and Support (OCAMES) and the Sioux Falls VAMC.

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

This justification is to support the Repair Building 5 Deficiencies Design-Build project at the Sioux Falls VA Medical Center (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 item listed below accommodates standardization of the item throughout the facility.

i. Roofing Materials with 50 - year warranty

i. EDCO Arrow Line Slate 1755-294 EDC892C Steel Shingle

ii. Firestone UNA-CLAD KYNAR 5000 Fluorocarbon steel flashing, gutters, Coping, and roof edge.

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

This procurement is to Repair Building 5 Deficiencies at the Sioux Falls VA Medical Center (VAMC).

The scope includes everything necessary to construct a functional building that meets the requirements of the Department of Veterans Affairs. There is 2 (two) brand name item listed for which the VA is not able to accept equal or alternate item. The value for this item is listed below and the VAAR Construction magnitude for the entire project is between $2,000,000 and $5,000,000.00.

ii. Roofing Materials with 50 -year warranty

i. EDCO Arrow Line Slate 1755-294 EDC892C Steel Shingles

ii. Value=

iii. Unique Qualifications: Appearance and warranty

iv. Firestone UNA-CLAD KYNAR 5000 Fluorocarbon steel flashing, gutters, Coping, and roof edge.

v. Value=-

vi. Unique Qualifications: Appearance and warranty

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)(l) () (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 Sioux Falls 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: The roof of building 5 will not have the same appearance as the roofing that that was replaced under the emergency contract it the brand names were not used. Also, there would be two warranties for each roofing section and no warranty where the two different materials meet if the brand name was used.

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 anticipated price to the Government for the brand name item is approximately

The item 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 equipment was conducted and prepared by the Contracting Officer's

Representative (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 item. Approval of this item as brand name only is critical for the overall efficiency of the completed project and the Sioux Falls

VAMC facility as a whole.

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

The new components must be able to tie into an existing and operational system. At this time, there are no competing vendors whose products are fully compatible with the existing systems being used at the Sioux Falls VAMC.

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 supplier of this 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.