Attachment 09_JA Ann Arbor Final REDACTED.pdf

Project No. 506-21-705 EHRM Infrastructure Upgrades - Ann Arbor, MI

VHAPG Part 806.3 OFOC Page 1 of 4 Revision: 02 Effective Date: 11/15/23 Acquisition ID#: 36C776-24-AP-0335

DEPARTMENT OF VETERANS AFFAIRS

Justification and Approval (J&A) for Other Than Full and Open Competition

Acquisition Plan Action ID: 36C776-24-AP-1456

Contracting Activity:

Veterans Health Administration (VHA), Program Contracting Activity Central (PCAC) The proposed procurement, Invitation for Bid (IFB) 36C77624B0025, is for the EHRM Infrastructure Upgrades Construction project at the Lt. Col. Charles S. Kettles (Ann Arbor) VA Medical Center (VAMC) in Ann Arbor, MI.

Nature and/or Description of the Action Being Processed:

This justification is to support the EHRM Infrastructure Upgrades Construction project at the Ann Arbor 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 accommodate standardization of these items throughout the facility.

Building Management system Siemens Desigo

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

This procurement is for the EHRM Infrastructure Upgrades Construction project at the Ann Arbor 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 is one (1) brand name items listed for which the VA is not able to accept equal or alternate items. The value of the items are listed below. The VAAR Construction magnitude for the entire project is between $10,000,000 and $20,000,000.

Building Management system Siemens Desigo Value:

Description: Complete installation and programming of the environmental system controls for the project including, but not limited to: DDC controllers for terminal boxes, electric thermostats, humidity sensors, temperature sensors, pressure sensors, water leak/moisture sensors, controls for chiller water pumps, DDC controllers for fan coil units, DDC controllers for ductless split units, DDC controls for fans for room pressurization, flow control valve controllers, etc.

Statutory Authority Permitting Other than Full and Open Competition:

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;

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

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

( ) International Agreement per 41 USC §3304(a)(4) as implemented by FAR 6.302-4

Project No. 506-21-705 EHRM Infrastructure Upgrades - Ann Arbor, MI

VHAPG Part 806.3 OFOC Page 2 of 4 Revision: 02 Effective Date: 11/15/23 Acquisition ID#: 36C776-24-AP-0335

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

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

( ) 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):

These items have been standardized throughout the Ann Arbor VAMC. Installing a different manufacturers’ systems 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 is listed below:

a. Building Management system

i. Siemens Desigo

ii. Value:

iii. Description: Complete installation and programming of the environmental system controls for the project including, but not limited to: DDC controllers for terminal boxes, electric thermostats, humidity sensors, temperature sensors, pressure sensors, water leak/moisture sensors, controls for chiller water pumps, DDC controllers for fan coil units, DDC controllers for ductless split units, DDC controls for fans for room pressurization, flow control valve controllers, etc.

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 Contract Opportunities with the solicitation.

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

The Government estimate was prepared by the VA team 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 Ann Arbor VAMC. The market research can be found in the project briefcase as P03 - Ann Arbor MI

J_A MR

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