Att 21 - JAs Combined Redacted.pdf

Part 806.3 Other Than Full and Open Competition (OFOC) Attachment 7: Request for Sole Source Justification Format >SAT

Rev: 13 Effective Date: 02/01/22 Page 1 of 3

DEPARTMENT OF VETERANS AFFAIRS

Justification and Approval (J&A) For

Other Than Full and Open Competition (>SAT)

Acquisition Plan Action ID:___________________________________________

1. Contracting Activity: Department of Veterans Affairs, VISN 4, Lebanon VAMC, Facilities Service is requesting this J & A approval from the PCAC

2. Nature and/or Description of the Action Being Processed: This is a Justification and Approval for Other Than Full and Open Competition, Brand Name Only, for ASCO 7000 Series Automatic Transfer Switches which are a small portion of the construction materials for construction project 595-601 Construct New Community Living Center, a new requirement to award a firm fixed price contract.

3. Description of Supplies/Services Required to Meet the Agency’s Needs: ASCO 7000 SERIES Bypass Isolation Automatic Transfer Switches (ATS) are designed for mission critical facilities. This product will allow the primary automatic transfer switch to be inspected, tested, and maintained without interrupting power to the load. They also provide redundant power transfer if the ATS is disabled or removed from service. The total estimated value of the ATS system is out of a total estimated project value of

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 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): Only One Responsible Source (FAR 6.302-1) – Although there are other manufacturers of Automatic Transfer Switches that can meet the same general performance standards as the ASCO 7000 series Automatic Transfer Switch (ATS), it is not in the Government's best interest to award an acquisition to any manufacturer other than ASCO. The ASCO ATS’s are a well-recognized and highly reliable unit that are typically found in Mission Critical healthcare facilities around the world. The vast majority of the existing ATS’s being utilized on our campus are manufactured by the ACSO Power Technologies company. Use of an additional manufacturer would result in the requirement to purchase and store additional spare inventory, have additional service contracts, duplicative monitoring equipment at multiple locations in the hospital, and additional training for our electrical technicians, projects crews and engineering department personnel. Accordingly, ASCO Power Technologies manufactured equipment is able meet or exceed the required product specifications with numerous local vendors with the capabilities of providing the supplies and services described in Section 3 above without the

Effective Date: 02/01/22 Page 2 of 3

Veteran’s Health Administration experiencing substantial duplication of cost that could not be expected to be recovered through competition

6. Description of Efforts Made to ensure that offers are solicited from as many potential sources as deemed practicable: A Notice of Intent to Sole Source Automatic Transfer Switches manufactured by ASCO will be posted on SAM.GOV with the solicitation. Offerors will be able to obtain ASCO 7000 Series Bypass Isolation Transfer Switch from various distributors and sources available in the open market

7. Determination by the CO that the Anticipated Cost to the Government will be Fair and

Reasonable: The contract is a firm fixed price contract with multiple bidders and the ATS systems components are available from multiple vendors. Bid prices will be compared with the independent government cost estimate to verify that the proposed contract cost is fair and reasonable.

8. Description of the Market Research Conducted and the Results, or a Statement of the Reasons Market Research Was Not Conducted: As described in Section 6 above, market research, in accordance with FAR Part 10, was conducted by synopsis of the proposed acquisition, advising industry of the pending acquisition and soliciting inquiries from interested parties.

9. Any Other Facts Supporting the Use of Other than Full and Open Competition: Proper control over the inevitable loss of power due to unforeseen circumstances is vital to maintaining the health of our veterans, staff and visitors and installing non-compatible equipment will lead to functionality issues that will reduce patient, staff and visitor safety. No other manufacturer makes a system that is guaranteed, as a whole, to be compatible with our existing normal and emergency power systems.

System incompatibility can lead to the failure of operations and potential loss of power to life saving monitoring devices in such areas as the Intensive Care Unit, Operating Rooms, Pharmacies, etc.

Additional concerns would be related to potential loss of access to patient records throughout the hospital leading to life threatening delays in care and potential administration of incorrect medications

10. Listing of Sources that Expressed, in Writing, an Interest in the Acquisition: See paragraph 6, above.

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: If, in the future, there is a requirement to change the normal and emergency power distribution and load requirement capabilities for the entire facility, then we will consider all manufacturers of ATS’s with the appropriate performance specifications.

1. Contracting Activity: Department of Veterans Affairs, VISN 4, Lebanon VAMC, Facilities Service is

2. Nature and/or Description of the Action Being Processed: This is a Justification and Approval for Other Than Full and Open Competition, Brand Name Only, for Edwards EST fire alarms which are a small portion of the construction materials for construction project 595-601 Contruct New Community Living Center, a new requirement to award a firm fixed price contract.

3. Description of Supplies/Services Required to Meet the Agency’s Needs: Fire alarm initiating notification, and control devices, along with control units, annunciators, panels, power supplies and wiring to create a complete and usable Edwards EST-3 Signature E Series Fire Alarms system that seamlessly integrates with our existing facility wide fire alarm system, as per Specificaiton Section 28 31 00 and related drawings. The total estimated value of the fire alarm system is out of a total estimated project value of

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 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;

the Use of the Authority Cited Above (applicability of authority): Although there are other manufacturers of fire alarm equipment that can meet the same general performance standards as the Edwards EST equipment, they are not compatible with the Edwards EST system. The Edwards EST system is exclusively used at this facility. Use of additional manufacturers would result in the requirement to purchase and store additional spare inventory, have additional service contracts, install duplicative monitoring equipment at multiple locations in the hospital, and provide additional training for our electricians, police, safety personnel, and operators. Accordingly, Edwards - EST is the only firm capable of providing the supplies and services described in Section 3 above without the Veteran’s Health Administration experiencing substantial duplication of cost that could not be expected to be recovered through competition.

deemed practicable: A Notice of Intent to Sole Source Fire Alarm system compenents manufactured by Edwards EST will be posted on SAM.GOV with the solicitation. Offerors will be able to obtain Edwards EST Components from various distributors and sources available in the open market

Reasonable: The contract is a firm fixed price contract with multiple bidders and the fire alarm components are available from multiple vendors. Bid prices will be compared with the independent government cost estimate to verify that the proposed contract cost is fair and reasonable.

8. Description of the Market Research Conducted and the Results, or a Statement of the Reasons Market Research Was Not Conducted: As described in Section 6 above, market research, in accordance with FAR Part 10, was conducted by synopsis of the proposed acquisition, advising industry of the pending acquisition and soliciting inquiries from interested parties.

9. Any Other Facts Supporting the Use of Other than Full and Open Competition: Fire alarm system is critical to maintaining life safety of our veterans, staff and visitors and installing non-compatible equipment will lead to functionality issues that will reduce patient, staff and visitor safety. No other manufacturer makes a system that is guaranteed, as a whole, to be compatible with our installed Edwards EST sytem. System incompatibility can lead to the failure of operators and staff to receive timely and accurate notification of fires and other time sensitive emergencies and has the potential to result in the loss of life of veterans, staff, or visitors.

10. Listing of Sources that Expressed, in Writing, an Interest in the Acquisition: See paragraph 6, above.

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: If, in the future, there is a requirement to replace the fire alarm system for the entire facility, then we will consider all manufacturers of fire alarms with the appropriate performance specifications.

1. Contracting Activity: Department of Veterans Affairs, VISN 4, Lebanon VAMC, Facilities Service is

2. Nature and/or Description of the Action Being Processed: This is a Justification and Approval for Other Than Full and Open Competition, Brand Name Only, for Delta Controls HVAC Controls which are a small portion of the construction materials for construction project 595-601 Construct New

3. Description of Supplies/Services Required to Meet the Agency’s Needs: HVAC controls, sensors, installation, programming, commissioning, start-up and training to create a complete and usable Delta Controls HVAC control system that seamlessly integrates with our existing facility wide HVAC control system, as per Specificaiton Section 23 09 23 and related drawings. The total estimated value of the HVAC controls system is out of a total estimated project value of

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 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;

(FAR 6.302-1) – Although there are other manufacturers of HVAC controls that can meet the same general performance standards as the Delta Controls equipment, they are not compatible with the Delta Controls system. The Delta Controls system is exclusively used at this facility. Use of additional manufacturers would result in the requirement to purchase and store additional spare inventory, have additional service contracts, duplicative monitoring equipment at multiple locations in the hospital, and additional training for our HVAC technicians and boiler plant maintenance personnel. Accordingly, Delta Controls is the only firm capable of providing the supplies and services described in Section 3 above without the Veteran’s Health Administration experiencing substantial duplication of cost that could not be expected to be recovered through competition.

deemed practicable: A Notice of Intent to Sole Source HVAC Controls manufactured by Delta

Controls will be posted on SAM.GOV with the solicitation. Offerors will be able to obtain Delta Controls Components from various distributors and sources available in the open market

Reasonable: The contract is a firm fixed price contract with multiple bidders and the HVAC control components are available from multiple vendors. Bid prices will be compared with the independent government cost estimate to verify that the proposed contract cost is fair and reasonable.

8. Description of the Market Research Conducted and the Results, or a Statement of the Reasons Market Research Was Not Conducted: As described in Section 6 above, market research, in accordance with FAR Part 10, was conducted by synopsis of the proposed acquisition, advising industry of the pending acquisition and soliciting inquiries from interested parties.

9. Any Other Facts Supporting the Use of Other than Full and Open Competition: Proper temperature, humidity and pressure control are vital to maintaining the health of our veterans, staff and visitors and installing non-compatible equipment will lead to functionality issues that will reduce patient, staff and visitor safety. No other manufacturer makes a system that is guaranteed, as a whole, to be compatible with our installed Delta Controls sytem. System incompatibility can lead to the failure of operators and staff to receive timely and accurate notification of improper pressurization of isolation rooms and operating rooms, or improper humidity control throughout the hospital leading to infection control issues for our veterans, staff, or visitors.

10. Listing of Sources that Expressed, in Writing, an Interest in the Acquisition: See paragraph 6, above.

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: If, in the future, there is a requirement to replace the HVAC control for the entire facility, then we will consider all manufacturers of HVAC controls with the appropriate performance specifications.

Effective Date: 02/01/22 Page 3 of 3

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

1. Contracting Activity: Department of Veterans Affairs, VISN 4, Lebanon VAMC, Facilities Service is

2. Nature and/or Description of the Action Being Processed: This is a Justification and Approval for Other Than Full and Open Competition, Brand Name Only, for BEST access systems and locks, which are a small portion of the construction materials for construction project 595-6001 Construct New

3. Description of Supplies/Services Required to Meet the Agency’s Needs: Locks, cores, cylinders and other associated access control hardware to create a complete and usable BEST great grand master lock and key system. BEST locks seamlessly integrate with our existing facility wide BEST great grand master access control system, as per Specificaiton Section 08 71 00 and related drawings. The total estimated value of the BEST locks access system is out of a total estimated project value of

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;

the Use of the Authority Cited Above (applicability of authority): Although there are other manufacturers of access controls that can meet the same general performance standards as the BEST locks, they are not compatible with the BEST locks system. The BEST locks system is exclusively used at this facility. Use of additional manufacturers would result in the requirement to purchase and store additional spare inventory, have additional service contracts, and additional training for our locksmiths. Accordingly, BEST locks is the only firm capable of providing the supplies and services described in Section 3 above without the Veteran’s Health Administration experiencing substantial duplication of cost that could not be expected to be recovered through competition..

deemed practicable: A Notice of Intent to Sole Source Access Controls BEST Locks will be posted on SAM.GOV with the solicitation. Offerors will be able to obtain BEST Locks components from various distributors and sources available in the open market

Reasonable: The contract is a firm fixed price contract with multiple bidders and the access control components are available from multiple vendors. Bid prices will be compared with the independent government cost estimate to verify that the proposed contract cost is fair and reasonable.

8. Description of the Market Research Conducted and the Results, or a Statement of the Reasons Market Research Was Not Conducted: As described in Section 6 above, market research, in accordance with FAR Part 10, was conducted by synopsis of the proposed acquisition, advising industry of the pending acquisition and soliciting inquiries from interested parties.

9. Any Other Facts Supporting the Use of Other than Full and Open Competition: Quick access through locked doors is essential for our police and code teams in the event of an emergency.

Installing non-compatible locks will increase the number and variety of keys that must be carried and tried in various locks, slowing down emergency responses, reduing patient, staff and visitor safety. No other manufacturer makes a system that is guaranteed, as a whole, to be compatible with our installed BEST locks sytem..

10. Listing of Sources that Expressed, in Writing, an Interest in the Acquisition: See paragraph 6, above.

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: If, in the future, there is a requirement to replace the access controls for the entire facility, then we will consider all manufacturers of access controls with the appropriate performance specifications.

12.

1. Contracting Activity: Department of Veterans Affairs, VISN 4, Lebanon VAMC, Facilities Service is requesting this J & A approval from the NCO4 Construction Team - West

2. Nature and/or Description of the Action Being Processed: This is a Justification and Approval for Other Than Full and Open Competition, Brand Name Only, for Handicare C-Series 625 and 1000 ceilin lifts which are a small portion of the construction materials for construction project 595-601 Construct New Community Living Center, a new requirement to award a firm fixed price contract.

3. Description of Supplies/Services Required to Meet the Agency’s Needs: Handicare C-Series 625 & 1000 Ceiling Lifts or similar products from the same manufacturerer and product line, installation, connection, accessories and testing by a qualified technician. Handicare ceiling lifts seamlessly integrate with our existing facility wide patient lift system, as per Specificaiton Section 11 73 00 and related drawings. The total estimated value of the Handicare lift system is out of a total estimated project value of .

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 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;

(FAR 6.302-1) – Although there are other manufacturers of patient lifts that can meet the same general performance standards as the Handicare patient lifts, they do not function in the same was as the Handicare patient lifts. The Handicare patient lifts are exclusively used at this facility. Use of additional manufacturers would result in the requirement to purchase and store additional spare inventory, have additional service contracts, and provide additional training for our electricians, mechanics, and nursing staff. Accordingly, Handicare is the only firm capable of providing the supplies and services described in Section 3 above without the Veteran’s Health Administration experiencing substantial duplication of cost that could not be expected to be recovered through competition.

deemed practicable: A Notice of Intent to Sole Source Patient Lifts — Handicare will be posted on

SAM.GOV with the solicitation. Offerors will be able to obtain Handicare patient lifts from various distributors and sources available in the open market.

Reasonable: The contract is a firm fixed price contract with multiple bidders and the Handicare Patient Lift components are available from multiple vendors. Bid prices will be compared with the independent government cost estimate to verify that the proposed contract cost is fair and reasonable.

8. Description of the Market Research Conducted and the Results, or a Statement of the Reasons Market Research Was Not Conducted: As described in Section 6 above, market research, in accordance with FAR Part 10, was conducted by synopsis of the proposed acquisition, advising industry of the pending acquisition and soliciting inquiries from interested parties.

9. Any Other Facts Supporting the Use of Other than Full and Open Competition: The patient lift system is critical to preventing injuries to our staff and allowing the safe handling of our patients.

Installing non-compatible equipment from different vendors will result in multiple setups and procedures increasing the likelihood of an accident involving the movement of a patient with possible injury to the patient or staff member.

10. Listing of Sources that Expressed, in Writing, an Interest in the Acquisition: See paragraph 6, above.

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: If, in the future, there is a requirement to replace the patient lifts for the entire facility, then we will consider all manufacturers of patient lifts with the appropriate performance specifications.

1. Contracting Activity: Department of Veterans Affairs, VISN 4, Lebanon VAMC, Facilities Service is requesting this J & A approval from the PCAC

2. Nature and/or Description of the Action Being Processed: This is a Justification and Approval for Other Than Full and Open Competition, Brand Name Only, for Siemans Security Systems components which are a small portion of the construction materials for construction project 595- 601 Construct New Community Living Center, a new requirement to award a firm fixed price contract.

3. Description of Supplies/Services Required to Meet the Agency’s Needs: Proximity Card Readers, security hardware, sensors, cameras, alarms, control units, power supplies, wiring and other associated access control hardware and systems to create a complete and usable Siemens security system. Siemens security systems seamlessly integrate with our existing facility wide Siemens security system, as per Specificaiton Section 28 05 00 and related drawings. The total estimated value of the Siemens security system is out of a total estimated project value of

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;

(FAR 6.302-1) – Although there are other manufacturers of security systems that can meet the same general performance standards as the Siemens security system, they are not compatible with the Siemens security system. The Siemens security system is exclusively used at this facility. Use of additional manufacturers would result in the requirement to purchase and store additional spare inventory, have additional service contracts, install duplicative monitoring equipment at multiple locations in the hospital, and provide additional training for our electricians, police, and operators.

Accordingly, Siemens is the only firm capable of providing the supplies and services described in Section 3 above without the Veteran’s Health Administration experiencing substantial duplication of cost that could not be expected to be recovered through competition.

6. Description of Efforts Made to ensure that offers are solicited from as many potential sources as deemed practicable: A Notice of Intent to Sole Source Security Systems Components, SIemans will be posted on SAM.GOV with the solicitation. Offerors will be able to obtain Siemans security systems components from various distributors and sources available in the open market.

7. Determination by the CO that the Anticipated Cost to the Government will be Fair and Reasonable: The contract is a firm fixed price contract with multiple bidders and the Siemans security system components are available from multiple vendors. Bid prices will be compared with the independent government cost estimate to verify that the proposed contract cost is fair and reasonable.

8. Description of the Market Research Conducted and the Results, or a Statement of the Reasons Market Research Was Not Conducted: As described in Section 6 above, market research, in accordance with FAR Part 10, was conducted by synopsis of the proposed acquisition, advising industry of the pending acquisition and soliciting inquiries from interested parties.

9. Any Other Facts Supporting the Use of Other than Full and Open Competition: The security system is critical to maintaining safety of our veterans, staff and visitors and installing non-compatible equipment will lead to functionality issues that will reduce patient, staff and visitor safety. No other manufacturer makes a system that is guaranteed, as a whole, to be compatible with our installed Siemens sytem. System incompatibility can lead to the failure of operators and staff to receive timely and accurate notification of intrusions, elopements, duress and other time sensitive emergencies and has the potential to result in the loss of life of veterans, staff, or visitors.

10. Listing of Sources that Expressed, in Writing, an Interest in the Acquisition: See paragraph 6, above.

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: If, in the future, there is a requirement to replace the security system for the entire facility, then we will consider all manufacturers of patient lifts with the appropriate performance specifications.