Attachment 13 - Brand Name Justification - Tampa_Redacted.pdf

Project No. 673-20-107 Project Title - EHRM Infrastructure Upgrades Construction - Tampa

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DEPARTMENT OF VETERANS AFFAIRS

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

Acquisition Plan Action ID: 36C776-26-AP-0056

Contracting Activity:

Veterans Health Administration (VHA), Program Contracting Activity Central (PCAC) The proposed procurement, Request for Proposal (RF ) 36C77625R0092, is for the EHRM Infrastructure Upgrades Construction project at the James A. Haley Veterans’ Hospital, 13000 Bruce B Downs Blvd., Tampa, FL 33612-4745.

Nature and/or Description of the Action Being Processed:

This justification is to support the EHRM Infrastructure Upgrades Construction project at the Tampa 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 this item throughout the facility.

HVAC Controls Johnson Controls Direct Digital Controls

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

This procurement is for the EHRM Infrastructure Upgrades Construction project at the Tampa 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 item 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 $20,000,000 and $50,000,000.

HVAC Controls Johnson Controls Direct Digital Controls

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 ( ) 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):

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This item has been standardized throughout the Tampa 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 item is listed below:

a. HVAC Controls

i. Johnson Controls Direct Digital Controls

ii. Impact: The existing building infrastructure is already equipped with the Johnson

Controls Metasys system. Introducing a different BAS would require significant reconfiguration, including hardware replacement, software integration, and retraining of personnel. Any other devices and equipment not of the existing manufacturer may not provide a correct interface and operability with existing monitoring, recording, and control equipment.

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 component listed above is identified as a 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 item requested to be a brand name is approximately $

The item for which brand name approval is being requested is a subsequent component 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 item was conducted and prepared by the COR and A/E. This information was then shared with the CO for further review. The CO was in concurrence with information provided that supported this brand name item. Approval of the item as brand name only is critical for the overall efficiency of the completed project and the entire Tampa VAMC.

The market research concerning the required brand name items was previously conducted when the procurement of this item was originally purchased. 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) has been met for each of the brand name item identified. The A/E team reviewed each of the compliance standards for the BAA and compared it with the components in each of the brand name item. After their thorough review, they have concluded that each item is in compliance with the BAA. See an overview below for each item:

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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.

Donald A. Marsh III Date

Supervisory Contracting Officer Program Contracting Activity Central

DONALD MARSH Digitally signed by DONALD MARSH Date: 2025.10.29 12:25:49 -04'00'