7. JA Exception to Fair Opportunity -redacted.pdf

Attachment 1: Justification and Approval for Exception to Fair Opportunity Memo Format

Effective Date: 03/15/2023 Revision: 02

DEPARTMENT OF VETERANS AFFAIRS

Justification and Approval

For

Exception to Fair Opportunity Memo

Acquisition Plan Action ID: 36C261-24-AP-0418

1. Contracting Activity: Department of Veterans Affairs, Veterans Integrated Service Network 21, Network Contracting Office 21, located at 10535 Hospital Way, Mather, CA 95655 in support of the Mather Medical Center, VA Northern California Health Care System (VANCHCS). The purchase request number is for this requirement.

2. Description of Action: This brand name justification is conducted under the authority for an exception to fair opportunity in accordance with FAR 16.505(b)(2)(ii)(B). This justification is to support the Mather Outpatient Pharmacy Renovation and HVAC (NRM) Construction project at the Mather VAMC, that will be awarded as a firm-fixed price task order. 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. Programming and Controls

i. Johnson Controls (JCI), JOHNSON CONTROLS, INC.

507 E MICHIGAN ST M-93

MILWAUKEE WI 53202-5202

b. Fire Alarm System

i. Secutron, 1485 SALMON FALLS RD

EL DORADO HILLS CA 95762

c. Card Reader System

i. HID card reader by Johnson Control, JOHNSON CONTROLS, INC.

507 E MICHIGAN ST M-93

MILWAUKEE WI 53202-5202

d. Pneumatic Tube

i. Swiss Log, 11080 Circle Point Road, Suite 500

Westminster, CO 80020 USA

3. Description of Supplies or Services:

This procurement is for the Mather Outpatient Pharmacy Renovation (NRM) Construction project at the Mather VAMC. The scope includes everything necessary to renovate the existing Outpatient Pharmacy suite that meets the requirements of the Department of Veterans Affairs. There are five

(5) brand name items listed for which the VA is not able to accept equal or alternate items.

Effective Date: 03/15/2023 Revision: 02

The estimated total of the brand name components is The period of performance is 426 after the issuance of the NTP.

a. Programming and Controls

i. Johnson Controls

ii. Value:

iii. Description: Johnson controls provides programming and controls system for the project. This installation will include: programming in the building to monitor equipment and utilities systems from our utility plant; Testing and commissioning the system at startup to ensure programming was successful.

b. Fire Alarm System

i. Secutron

ii. Value:

iii. Secutron brand name fire alarm, system programming, alarms, and devices that will operate within the Mather Metasys system.

c. PIV Card Reader System

i. HID PIVclass readers

ii. Value:

iii. Description: HID card readers that will operate with this brand name interface, be installed in Northern California Health Care System (NCHSC) for compatibility with existing CCure9000 software.

d. Pneumatic Tube

i. Swiss Log

ii. Value:

iii. Existing tube station will need to be relocated to new permanent location inside the

Pharmacy. Associated tubing will need to be routed above ceiling to drop to the new location.

4. Statutory Authority: The statutory authority permitting an exception to fair opportunity. The portion of the acquisition is are brand-name items, which is peculiar to one manufacturer in accordance with (IAW) FAR 16.505(a)(4). These are all service contracts so, labor and materials that cover each trade:

The Fire Alarm/Secutron will install fire alarms, test and program them into our Fire Alarm controls system.

The Mechanical HVAC/Johnson controls (JCI) will write/program the HVAC controls into our

Metasys controls system and assist with startup testing balancing and commissioning of the HVAC including rebalancing the existing unit now that Pharmacy will have its own unit.

The Pnuematic Tube/Swiss Log will relocate the tubing above the ceiling and move the existing tube station inside the pharmacy and activate it.

PIV card readers/Stanley will install the card readers and connect them into the security system.

Effective Date: 03/15/2023 Revision: 02

5. Rationale Supporting Use of Authority Cited Above:

This is a brand name justification in support of FAR 11.105, Items Peculiar to One Manufacturer and FAR 16.505(a)(4). These items have been standardized throughout the Mather VAMC. Installing a different reate 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 items is listed below:

a. Programming and controls

i. Johnson Controls

ii. Impact: Since 2010, The Department of Veterans Affairs (VA) have owned and operated the Johnson Controls (JCI) Metasys Building Automation System (BAS) exclusively at the Mather and McClellan campuses. The BAS connects to the HVAC, lighting, security, and protection systems, and enables them to communicate on a single platform efficiently. The contractual instrument since 2010 was the Utility Energy Savings Contracts (UESC) with JCI providing all services. Authorized by the Energy Policy Act of 1992, P.L. 102-486 (codified as 42 U.S.C 8256), the UESC is a limited -source contract between a federal agency and its serving utility for energy and water efficiency improvements and demand-reduction services.

b. Fire Alarm System

i. Secutron

ii. Impact: This will aid in standardizing the fire alarm system of all buildings at the VA It was reported that Engineering and

Facilities Maintenance have had numerous problems with the different brands of alarm panels interfacing and causing internal conflicts with one another. They have been known to give random troubles, false alarms, and supervisory issues that limit alarm system will aid in maintenance of the fire systems by matching the standardization all the buildings at this location and only require one contractor to service them all. This fire alarm system will be installed as part of the new construction of this building and it will be connected to the existing main system of Secutron with rest of the hospital

c. PIV Card Reader System

i. Johnson Controls (JCI)

ii. Impact: Specifically request HID card readers compatible with existing PIV cards and software system CCure 9000 be installed in in Northern California Health Care System (NCHSC). This will aid in standardizing the PIV lock system of all buildings at VA Northern California Health Care System (NCHSC). It was reported that VA Police have had numerous problems with the different brands of card readers and maintaining multip able to. Installation of HID card readers compatible with CCure 9000 system and

Northern California Health Care System (NCHSC). This will ensure VA Police can monitor security of multiple campuses throughout VA NCHSC.

d. Pneumatic Tube

i. Swiss Log

Effective Date: 03/15/2023 Revision: 02

ii. Impact: Swiss log is the one of the few remaining Pneumatic Tube vendors in West USA. In January 2024, the Mather VA campus finalized installation of a new pneumatic tube system by Swiss Log and with their programming. It will be impossible to use another vendor without starting over with the programming and controls.

6. Efforts to Obtain Competition:

Market research was conducted, details of which are in the market research section of this document.

This effort did not yield any additional sources that can meet the Government's requirements. There is no competition anticipated for the portion of the brand-name acquisition. This office will issue a task order request for proposal (TORFP) solicitation with this justification to all VISN 21 MACC Contract Holders (Group 2) to compete under FAR 16.5 Fair Opportunity. IAW FAR 16.505(a)(4)(iii)(A), this office will publish the solicitation with the justification on the vendor portal to allow all VISN 21 MACC Contract Holders (Group 2) to compete under FAR 16.5 Fair Opportunity.

7. Actions to Increase Competition:

The Government will continue to conduct market research to ascertain if there are changes in the marketplace or newly approved distributors or resellers to enable future action to be competed. The government cost (COR). The anticipated price to the Government for the items requested to be brand name is approximately (this is the total value of all items from section #3).

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. Market Research:

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 Mather VAMC, as a whole.

9. Other Facts:

All VISN 21 MACC holders (Group 2) will be allowed to compete under FAR 16.5. The TORFP solicitation will be posted on the Vendor Portal website to enable MACC holders to submit an offer for this requirement.