Attachment 10_Brand Name Justification.pdf

DEPARTMENT OF VETERANS AFFAIRS

Justification and Approval for

Other Than Full and Open Competition

Acquisition Plan Action ID: 36C776-26-AP-1546

1. Contracting Activity:

Veterans Health Administration (VHA), Program Contracting Activity Central (PCAC) is preparing a construction procurement for the construction of the Electronic Health Record Modernization (EHRM) Infrastructure Upgrades at the White River Junction (VA) Medical Center (VAMC) in White River Junction, Vermont (Project #405-22-700).

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

This justification is to support the EHRM Infrastructure Upgrades construction project at the White River Junction 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. All items are subject to Buy American clauses and provisions in the RFP.

a. Security System Physical Access Controls - HID pivCLASS Readers

b. Building Management System (BMS) & Digital Controls Direct Digital Controls - compatible with the VA’s existing Siemens Desigo BMS system.

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

This procurement is to construct the EHRM Infrastructure Upgrades construction project at the White River Junction VAMC. The scope includes everything necessary to migrate from the existing Computerized Patient Record System (CPRS) to a new Electronic Health Records Modernization (EHRM) platform and will meet the requirements of the Department of Veterans Affairs. There are two 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 $20,000,000 and $50,000,000.

a. Security System – Physical Access Controls

i. HID pivCLASS Reader

ii. Value: $25,000

iii. Description: Complete installation and integration of card reader keypad combo to match existing to ensure and maintain proper operation of the existing physical access control system thereby safeguarding access to all areas of the VAMC to authorized personnel.

b. Building Management System (BMS) & Digital Controls

i. Direct Digital Controls - compatible with the VA’s existing Siemens Desigo BMS system.

ii. Value: $150,000

iii. Description: HVAC building management digital controls to interface with existing

Siemens Building Management System.

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), and as implemented by RFO 6.103-1.

( ) (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 White River Junction VAMC. Installing different manufacturer’s systems would create significant duplication in costs and/or disruption in services for the facility, and the equipment will not function properly. The use of these items is essential to the Government’s requirements for security and environmental controls, thereby precluding consideration of products manufactured by other companies. The specific impact for not using the brand name items is listed below:

a. Security System – Physical Access Controls

i. HID pivCLASS Reader

ii. Impact: HID physical access controls are required for functionality and security. HID is required for consistency and continuity related to facility security as the current system uses HID. Using another provider would mean a duplicate security system which again would have to be installed in several locations including dispatch which cannot accommodate another system without major renovation. This would be duplicative and not cost effective.

b. Building Management System (BMS) & Digital Controls

i. Direct Digital Controls - compatible with the VA’s existing Siemens Desigo BMS system.

ii. Impact: Alternate Building Management System and controls would not interface with the station’s existing system. Purchasing an additional Building Management System would be a costly and cumbersome duplication. The station uses the BMS to monitor and maintain environmental systems which are essential to patient care and the station’s mission. Failure of this system is detrimental to both patient care and station mission.

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 among Service- Disabled Veteran Owned Small Businesses (SDVOSB). This Justification for Other Than Full and Open Competition will be posted to www.sam.gov 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 and provided by the Contracting Officer’s Representative (COR). The anticipated price to the Government for the items requested to be brand name is approximately $175,000.00.

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 required brand name items was conducted and prepared by the COR and A/E. This information was then shared with the CO for further review. The CO is in concurrence with information provided that supports these brand name items. Approval of the items as brand name only is critical for the overall efficiency functionality of the completed project and the mission White River Junction VAMC facility as a whole.

The market research concerning the required brand name items was previously conducted when these items were originally purchased and updated recently as appropriate. The manufacturers and products are exclusively acceptable for reasons outlined in this J&A.

An additional purpose of the market research was to ensure requirements of the Buy American Act (BAA) have been met for each of the brand name items identified. The contracting team reviewed each of the compliance standards for the BAA and compared it with the components in each of the brand name items. After their thorough review, they have concluded that each item is in compliance with the BAA. See an overview below for each item:

a. Security System – Physical Access Controls

i. HID pivCLASS RP40-H Wall Switch Reader

ii. Based on information obtained from the GSA Advantage website, this item’s country of origin is the United States so there are no concerns regarding “Buy American” compliance.

b. Building Management System (BMS) & Digital Controls

i. Direct Digital Controls - compatible with the VA’s existing Siemens Desigo BMS system.

ii. Review of GSA Advantage confirms that compatible controls which are Buy

American complete are available. Submittal review from other, recent station projects confirms availability of Buy American compliant controls.

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

New components must be able to tie into or function with an existing and operational system including the use of proprietary software. At this time, there are no competing vendors whose products that we are aware of that have the programming rights to the systems and products that are fully compatible with the existing systems being used at White river Junction 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.

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:

There will be competition for the overall procurement. It will be the responsibility of the offerors to obtain pricing from the suppliers of the items and to submit a competitive proposal for the project.

12. Requirements Certification: I certify that the requirements outlined in this justification are Bona Fide needs 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.

Jonathan Rugg Date Healthcare Engineer, COR White River Junction VAMC

13. Approvals in accordance with the VHAPM Part 806.3 OFOC SOP:

a. Contracting Officer's Certification (required): I certify that the foregoing justification is accurate and complete to the best of my knowledge and belief.

Megan Dohm Date Contracting Officer Program Contracting Activity Central https://dvagov.sharepoint.com/sites/VHAProcurement/VHAPM/VHAPM_Part_806.3.aspx