515-20-102 J-A Attachment - PACS.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-AP-3487 2237: 515-21-3-155-0086

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#: 515-20-102; Project Title: Renovate Building 39-2 West for Patient Privacy;

Statement of Work: The Contractor shall furnish all labor, material, equipment, supervision, As-Built Documentation, and all other related information for Project 515-20-102, Renovate B 39-2 West for Patient Privacy, at the VA Medical Center in Battle Creek, Michigan. The project will renovate the second floor of building 39 expansion to allow for private and semi-private rooms for Veterans. In addition, it will enclose the nurse stations in the remainder of the building and install a landscape area on the first-floor patio.

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.

PACS – MX-8 Controller, Hirsch. This item will be used to interface our new card readers to our existing campus PACS system.;

Identify the specification section(s) were the brand name only item is listed: 28 13 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;

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.

The campus system for PACS is Hersch Velocity. This system controls all the access control of the multiple buildings on campus. We contracted to install a single PACS system to standardize the controls for the benefit of the veteran population and staff. Having one system allows seamless control of the multiple buildings by one control system. We can monitor thousands of access control points through one platform, and one computer monitoring system. We must include this same system in all future projects to efficiently control and maintain the security for the patients and staff.

PACS systems are proprietary and introducing a second system would require duplication of training, parts, and labor for the maintenance of our facilities. It would require separate computer systems and software. We must maintain complete interoperability of our PACS systems controls and therefore require that this project and all others maintain the Hirsch Velocity system.

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.)

Project 515-18-104. Battle Creek VAMC, Facilities Management requests the use of a sole source brand name for the fire alarm system). Our sole source/brand name is Hirsch Velocity.

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

Kyle A. Lipper 740596 Digitally signed by Kyle A. Lipper 740596 Date: 2021.07.09 10:38:41 -04'00'

Frederick C Vollmerhausen 310487

Digitally signed by Frederick C Vollmerhausen 310487 Date: 2021.07.08 09:42:48 -04'00'