Attachment 1 - 583-22-509 Brand Name Justification - Redacted.pdf

OFOC SOP Revision 11 Original Date: 03/22/11 Revision 11 Date: 02/11/2021

DEPARTMENT OF VETERANS AFFAIRS

Justification and Approval (J&A)

For Other Than Full and Open Competition (Brand Name)

Acquisition Plan Action ID: 36C250-21-AP-2878

2237: 583-22-3-650-0044

1. Contracting Activity:

Department of Veterans Affairs, VISN 10, Richard L. Roudebush VA Medical Center, 1481 W.

10th Street, Indianapolis, IN. NCO 10 Contracting.

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

Renovate Auditorium and Room C-1202, Project 583-22-509. Richard L. Roudebush VA Medical Center (RLR VAMC) has a requirement to Renovate the Auditorium and Room C1202 at its facility in Indianapolis, IN. The justification for renovating the two rooms is to accommodate the purchase of new audio/visual (AV) equipment that will be installed in the Auditorium and Room C1202.

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

This requirement is NOT being solicited as a “Sole Source” but as a “Brand Name” for the Can Light Fixtures, CREE LR6X TM LED DOWNLIGHT-6” for interior applications. This requirement is NOT being limited to only one source but is being limited to one manufacturer.

There are multiple sources that can provide this product but only one manufacturer. This requirement is contained within the specifications and/or drawings of this project. The product requested is a low maintenance fixture that comes with a 5-year warranty.

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):

This product is being requested because the CREE LR6X TM LED DOWNLIGHT-6” fixtures are being used throughout the medical center for consistency with design, as well as being available in attic stock if needed for replacement of a broken or damaged fixture. Using the same fixtures throughout the facility will simplify replacement of fixtures by allowing the end user to order replacements from one manufacturer versus tracking multiple manufactures for different lighting fixtures. The characteristics of the fixture allow it the capability of performing step dimmed, comes with an angled reflecting body, providing an even deflection of light over the space, and a flared centerpiece that acts as a hinge for maintenance of the fixture.

6. Description of Efforts Made to ensure that offers are solicited from as many potential sources as deemed practicable:

Market research was conducted online to compare the CREE LR6X TM LED DOWNLIGHT-6” characteristics to that of similar items and none were found. In the future, when the medical center updates lighting for the entire center, the solicitation will be issued on a competitive basis.

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

Reasonable:

The Contracting Officer will ensure through the use of price analysis techniques, such as comparison against the independent Government estimate and other price analysis techniques identified in FAR 15.404-1(b), that the price will be fair and reasonable.

8. Description of the Market Research Conducted and the Results, or a Statement of the

Reasons Market Research Was Not Conducted:

Due to the nature of this project, CREE is the only manufacturer known to meet the characteristics required. These are the lights that are utilized throughout the medical center and the government needs a consistent look and design.

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

The CREE Lighting is the only “Brand Name” item required as part of project 583-22-509.

10. Listing of Sources that Expressed, in Writing, an Interest in the Acquisition:

CREE Lighting – A Company of Ideal Industries, Inc., 4401 Silicon Drive, Durham, NC 27703.

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:

Future lighting, as for the whole medical center, will be procured utilizing competition.

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 are included in the justification, are accurate and complete to the best of my knowledge and belief.

Approvals in accordance with the VHAPM Part 806.3 OFOC SOP:

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. I certify the justification meets requirements for other than full and open competition.