515-20-101 Justification for Brand Name Only Component - KABA Cores.pdf

ATTACHMENT 3

Justification and Approval (J&A)

For Other Than Full and Open Competition

Brand Name Only Justification

This form must be provided for each brand name only item required by the construction specifications. If the project has multiple brand name only items a separate form is required for each one.

Acquisition Plan Action ID: 36C250-21-AP0018 2237: 515-21-1-155-0003

1. Contracting Activity: Department of Veterans Affairs, VISN 10, Battle Creek Medical Center

2. Nature and/or Description of the Action Being Processed: Description of the project, project no., etc.

Project#: 515-20-101; Project Title: Renovate Common Areas, Various buildings; Statement of Work:

The Contractor shall furnish all labor, material, equipment, supervision, As-Built Documentation, and all other related information for Project 515-20-101, Renovate Common Areas, at the VA Medical Center in Battle Creek, Michigan in accordance with the specifications and drawings. The project will renovate common areas of various building with new finishes to include flooring, base, interior wood doors and hardware, built-in cabinetry, countertops, ceiling tile and grid, and lighting.

3. Description of Supplies/Services Required to Meet the Agency’s Needs: Specifically describe the component, material, system, etc. to be acquired via the construction specification including the estimated value and quantity of the item that is restricted to a single brand, make, and/or model.

KABA cores with keyway cut specificaly for the Battle Creek VAMC by IDN Industries; estiamted value is $120,000 Identify the specification section(s) were the brand name only item is listed: 08 71 00

4. Statutory Authority Permitting Other than Full and Open Competition: 41 USC §3304(a)(1), as implemented by FAR 6.302-1. The specific paragraph must be cited. Most likely, only the (1) or (2) authorities will be cited. Please be aware that failure to adequately plan for future requirements does not constitute appropriate use of the unusual and compelling urgency statutory authority.

(X) (1) Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements per 41 USC §3304(a)(1) as implemented by FAR 6.302-1;

( ) (2) Unusual and Compelling Urgency per 41 USC §3304(a)(2) as implemented by FAR 6.302-2;

( ) (3) Industrial Mobilization, Engineering, Developmental or Research Capability or Expert Services per 41 USC §3304(a)(3) as implemented by FAR 6.302-3;

( ) (4) International Agreement per 41 USC §3304(a)(4) as implemented by FAR 6.302-4 ( ) (5) Authorized or Required by Statute per 41 USC §3304(a)(5) as implemented by FAR 6.302-5;

( ) (6) National Security per 41 USC §3304(a)(6) as implemented by FAR 6.302-6;

( ) (7) Public Interest per 41 USC §3304(a)(7) as implemented by FAR 6.302-7;

https://www.acquisition.gov/content/part-6-competition-requirements

5. Demonstration that the Contractor’s Unique Qualifications or Nature of the Acquisition Requires the Use of the Authority Cited Above (applicability of authority): Provide, in narrative form, a detailed explanation supporting and clearly relating to the conditions described by the FAR for using the particular authority cited. This section is normally the most detailed part of the justification as the essence of the justification is presented here. Keep in mind that this document is publicly posted and that your judgment may be formally questioned and protested if your justification is insufficient or not valid.

We are attempting to exactly match the station standard. In doing so, we are attempting to best serve the health system by limiting the number of unique materials and parts they required to stock, store and service their campus. Sole sourcing this product is fiscally responsible. We have made every effort to provide drawings and specifications that are open to all potential suppliers.

However, we feel this sole source is necessary to completely conform to MCM No. 138-1005 Space Lock and Key Control

Contracting without providing for full and open competition shall not be justified on the basis of lack of advance planning by the requiring activity or concerns related to the amount of funds available (e.g., funds will expire)(See FAR 6.301(c)). To assist you, the following information is provided:

a. Only One Responsible Source (FAR 6.302-1) – Note: Discuss the use of restrictive brand name descriptions in requirements documentation here under Part 5. An acquisition that uses a brand name description or other purchase description to specify a particular brand name, product, or feature of a product, peculiar to one manufacturer does not provide for full and open competition regardless of the number of sources solicited. If there is going to be a brand name used, you will need to justify it and clearly explain why a specific brand produced by a single company is required as opposed to allowing free and open competition. The justification should indicate that the use of such descriptions in the acquisition is essential to the Government’s requirements, thereby precluding consideration of a product manufactured by another company.

(Brand-name or equal descriptions and other purchase descriptions that permit prospective contractors to offer products other than those specifically referenced by brand name, provide for full and open competition and do not require justifications and approvals to support their use.)

The VA is mandated by Federal Policy to have a unique keying system to control physical access.

This was accomplished by contracting IDN Industries to provide a keyway uniquely keyed to a system only used by the Battle Creek VAMC. The Battle Creek VA Medical Center is requesting a sole source for KABA Cores through IDN Industries. This sole source is necessary to conform to the station wide mandate to standardize a unique keying system. IDN Industries is the sole source manufacture of the keyway used at the Battle Creek VAMC.

6. 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.

(This signature is the requestor’s supervisor, chief of service, someone with responsibility and accountability)

Name Date Title Facility

CONTRACTING ONLY BELOW

7. Approvals in accordance with the VHAPM Part 806.3 OFOC SOP: This part if filled out by Contracting Staff as part of the Justification

a. Contracting Officer or Designee’s Certification (required): I certify that the foregoing justification is accurate and complete to the best of my knowledge and belief.

Name Date Title Facility http://vaww.pclo.infoshare.va.gov/PMWeb/VHAPM_Part_806.3.aspx VHABACBrennS Typewritten Text Jun 08, 2021

VHABACBrennS Typewritten Text Scott D. Brennan Contracting Officer Network 10 Contracting Office