596A4-22-700 Brand Name Justification.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, Invitation for Bid (IFB) 36C77623B0069 is for the EHRM Infrastructure Upgrades Construction project at the Lexington Cooper VA Medical Center (VAMC) in Lexington, KY.

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

This justification is to support the EHRM Infrastructure Upgrades Construction project at the Lexington Cooper 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 items listed below accommodates standardization of these items throughout the facility.

a. Fire Alarm System

i. Simplex Fire Alarm System

b. Building Automation System – HVAC

i. Johnson Controls Building Automation Systems

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

This procurement is for the EHRM Infrastructure Upgrades Construction project at the Lexington Cooper VAMC. The scope includes everything necessary to complete the EHRM Infrastructure Upgrades Construction project that meets the requirements of the Department of Veterans Affairs.

There are two (2) 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 between $10,000,000 and $20,000,000.

a. Fire Alarm System

i. Simplex Fire Alarm System

ii. Value:

iii. Description: Smoke Detectors, strobes, monitoring and all components required for this project to be installed and connect to the existing fire alarm and monitoring system.

b. Building Automation System – HVAC

i. Johnson Controls Building Automation System

ii. Value:

iii. Description: Building Automation System for controlling and monitoring all HVAC systems including but not limited to temperature, humidity, and pressurization.

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 U.S.C. § 3304(a)(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 Lexington Cooper VAMC. Installing a different manufacturers’ system will create significant duplication in costs for the facility, and in most cases the equipment will not function properly. The specific impact for not using the brand name items are listed below:

a. Fire Alarm System

i. Simplex Fire Alarm System

ii. Impact: This Fire Alarm system is what is currently installed in the Lexington KY VA and all fire alarm components shall be compatible with this system. The use of another system would not be cost effective and would cause compatibility issues.

This is a life safety system and same brands are required to fully integrate.

b. Building Automation System

i. Johnson Controls Building Automation Systems

ii. Impact: This Building Automation System (hardware and software) is what is currently installed in the Lexington KY VA. The use of another system would not be cost effective and would cause compatibility issues.

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 Contracting Opportunities with the solicitation.

7. Determination by the Contracting Officer (CO) that the Anticipated Cost to the Government will be Fair and Reasonable:

The Government estimate was prepared by the AE Firm Spur Design and confirmed by the Contracting Officer’s Representative (COR). The anticipated price to the Government for the items requested to be brand name is approximately .

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 entire Lexington Cooper VAMC facility.

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

The new components must be able to tie into the existing and operational systems 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 Lexington Cooper 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 items listed in this justification.