Attachment 12 - Brand Name JA - Ann Arbor - 506-334 - FINAL.pdf

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506-334 – Construct Private In-Patient Rooms and Primary Clinics
Solicitation number
36C25024B0031_1
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This document is a Justification and Approval (J&A) for Other Than Full and Open Competition for a construction contract to build private inpatient rooms and primary clinics at the Lt. Col. Charles S. Kettles VA Medical Center in Ann Arbor, Michigan.

The contract will be a new firm-fixed price construction project valued between $10-20 million. The VA is justifying the use of brand name equipment and systems from specific manufacturers, including the facility building management system, fire alarm system, physical access control system, security camera monitoring system, and nurse call system. The VA states these brand name systems are necessary to ensure compatibility and maintain the integrity of the existing systems at the facility. The overall procurement will be competed as a Service-Disabled Veteran-Owned Small Business (SDVOSB) set-aside. The contracting officer will determine the pricing is fair and reasonable prior to award. Market research was conducted by the Contracting Officer's Representative to support the brand name requirements.

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Project No. 506-334 Construct Private In-Patient Rooms and Primary Clinics – Ann Arbor

VHAPG Part 806.3 OFOC Page 1 of 6 Revision: 02 Effective Date: 11/15/23 Acquisition ID#: 36C250-24-AP-1325

DEPARTMENT OF VETERANS AFFAIRS

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

Acquisition Plan Action ID: 36C250-24-AP-1325

1. Contracting Activity:

Veterans Health Administration (VHA), Program Contracting Activity Central (PCAC) The proposed procurement, Invitation for Bid (IFB) 36C25024B0031, is for the Private In-Patient Rooms and Primary Clinics Construction project at the Lt. Col.

Charles S. Kettles VA Medical Center (VAMC) in Ann Arbor, MI. The project is listed on the FY 2024 Minor Construction Operating Plan. Funding has been approved and budgeted for the FY 2024 and a 2237 will be provided at award.

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

This justification is to support a new firm-fixed price construction 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.

a. Facility Building Management System

i. Siemens, Desigo

b. Fire Alarm System

i. JCI Simplex

c. Physical Access Control

i. Hirsch, Velocity System

d. Security Camera and Monitoring System

i. IC Real time monitoring system

e. Nurse Call Systems

i. Rauland R5

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

The scope includes everything necessary to complete the Private In-Patient Rooms and Primary Clinics Construction project 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. The value of the items is listed below. The VAAR Construction magnitude for the entire project is between $10,000,000 and $20,000,000.

ii. Value:

iii. Description: Complete installation, programming, and licensing of additional building controls in the project area for this contract. Tie into and be 100% compatible with the existing Siemens Desigo system.

VHAPG Part 806.3 OFOC Page 2 of 6

b. Fire Alarm system

i. JCI Simplex

ii. Value:

iii. Description: Complete installation and programming of pull stations, Audio visual alarms, smoke detectors, heat detectors flow switches etc. for a complete fire alarm system in the project area for this contract. These shall match existing to ensure and maintain proper operation of the existing fire alarm system.

c. Physical Access Control

i. Hirsch, Velocity System

ii. Value:

iii. Description: Complete installation, programming, and licensing of additional PIV card readers and associated hardware and software to ensure and maintain proper operation of the existing physical security system.

d. Security Camera Monitoring System

i. IC Realtime Monitoring System

ii. Value:

iii. Description: Complete installation and programming of security cameras, monitoring stations and associated hardware and software to ensure and maintain proper operation of the existing security camera monitoring system.

e. Nurse Call Systems

i. Rauland R5

ii. Value:

iii. Description: Complete installation and programming of Nurse call systems, Code Blue, Patient Monitor, Duty Stations monitoring stations and associated hardware and software to ensure and maintain proper operation of the existing Nurse Call System.

4. Statutory Authority Permitting Other than Full and Open Competition:

(X) 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 ( ) 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;

VHAPG Part 806.3 OFOC Page 3 of 6

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 Lt. Col. Charles S. Kettles 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:

ii. Impact: Any other devices and equipment not of the existing manufacturer may not provide correct interface and operability with existing controls system. The facility controls systems are crucial for patients, visitors, staff, and the facility to establish and maintain a clean and safe operating environment with proper air flows, relative air pressurization for infection control, proper temperatures in our spaces, proper humidity levels to inhibit growth of microorganisms and avoid high levels of static electricity in clinical environments. Modifications of the existing system without the correct original equipment manufacturer (OEM) components, programming with Siemens proprietary coding, and service can compromise the integrity of the entire system. Factory trained and authorized service must be located and supported by OEM within a limited travel time to provide emergency service support.

b. Fire Alarm System

i. JCI Simplex

ii. Impact: Any other devices and equipment not of the existing manufacturer may not provide correct interface and operability with the existing fire protection system. The fire protection system is critical for safeguarding patients, visitors, staff, and the facility and is proprietary as is the software. Modifications of the existing without the correct OEM components and service can compromise the integrity of the entire system. Factory trained and authorized service must be located and supported by OEM within a limited travel time to provide emergency service support.

c. Physical Access Control

i. Hirsch, Velocity System

ii. Impact: Any other devices and equipment not of the existing manufacturer may not provide correct interface and operability with existing PACS. The PACS is vital for authorized personnel to access key areas to provide direct patient care and safeguard critical operations of the facility. Modifications of the existing without the correct OEM components and service can compromise the integrity of the entire system. Factory trained and authorized service must be located and supported by OEM within a limited travel time to provide emergency service support.

VHAPG Part 806.3 OFOC Page 4 of 6

d. Security Camera Monitoring System

i. IC Realtime Monitoring System

ii. Impact: Any other devices and equipment not of the existing manufacturer may not provide correct interface and operability with existing monitoring, recording, and control equipment. The video surveillance system is crucial for safeguarding patients, visitors, staff, and the facility against unlawful and unauthorized activities.

Modifications of the existing system without the correct original equipment manufacturer (OEM) components and service can compromise the integrity of the entire system. Factory trained and authorized service must be located and supported by OEM within a limited travel time to provide emergency service support.

e. Nurse Call System

i. Rauland R5

ii. Impact: Any other devices and equipment not of the existing manufacturer may not provide correct interface and operability with existing Nurse Call system. The Nurse Call System is vital to provide direct patient care and patients. Modifications of the existing without the correct OEM components and service can compromise the integrity of the entire system. Factory trained and authorized service must be located and supported by OEM within a limited travel time to provide emergency service support.

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:

VHAPG Part 806.3 OFOC Page 5 of 6

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 Lt. Col. Charles S. Kettles VAMC.

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

The new components (software and servers) must be able to tie into the existing and operational systems including the use of existing hardware. At this time, there are no competing vendors who have the programming rights to the systems, and products must be fully compatible with the existing systems being used at the Lt. Col. Charles S. Kettles 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 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 dge and belief.

Date

Lt. Col. Charles S. Kettles VAMC

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

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

Program Contracting Activity Central

VHAPG Part 806.3 OFOC Page 6 of 6

b. One Level Above the Contracting Officer (Required over SAT but not exceeding $750K): I certify the justification meets requirements for other than full and open competition.

Program Contracting Activity Central

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