ATTACHMENT 14 - Brand Name Justification - San Juan.pdf

DEPARTMENT OF VETERANS AFFAIRS

Justification and Approval

For Other Than Full and Open Competition

1. Contracting Activity:

Veterans Health Administration (VHA), Program Contracting Activity Central (PCAC)

The proposed procurement is for the EHRM Infrastructure Upgrades Construction project at the San Juan (Puerto Rico) VA Medical Center (VAMC).

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

This justification is to support the EHRM Infrastructure Upgrades Construction project at the San Juan (Puerto Rico) 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 item listed below accommodates standardization of this item throughout the facility.

a. Automatic Transfer Switch

Russelectric

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

This procurement is for the EHRM Infrastructure Upgrades Construction project at the San Juan (Puerto Rico) 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 item listed for which the VA is not able to accept equal or alternate items. The value of this item is listed below and the VAAR Construction magnitude for the entire project is between $50,000,000 and $100,000,000.

Value:

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 FAR 6.302-1; 41 U.S.C. § 3304(a)(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):

This item has been standardized throughout the San Juan (Puerto Rico) VAMC. Installing a different manufacturers’ system will create significant duplication in cost 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:

Impact: An Automatic Transfer Switch is used to supply emergency power, with a generator, to a particular building when the utility power fails. All the Automatic Transfer Switches at the San Juan (Puerto Rico) VAMC are Russelectric. We can control them by a software that is unique of this branch. Without this branch, the facility would not be able to control and monitor them remotely. Emergency power is critical to patient care. For this reason, we need to keep the same manufacture.

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 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 Contracting Opportunities 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 by the AE Firm CB Design Group and confirmed by the Contracting Officer’s Representative (COR). The anticipated price to the Government for the item requested to be brand name is approximately

The item 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 San Juan engineering department did not conduct market research because all the equipment for Russelectric is custom made specifically for the facility and its requirements. There is no other company that can sell Russelectric. The cost estimate for these Automatic Transfer Switches is based on another electrical construction project at the San Juan (Puerto Rico) VAMC, which is replacing various Automatic Transfer Switches of the same specification. The approval of the item as brand name only is critical for the overall efficiency of the project completion at the San Juan (Puerto Rico) VAMC, as a whole.

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

The new component must be able to tie into an existing and operational system including the use of software. At this time, there are no competing vendors whose products are fully compatible with the existing system being used at the San Juan (Puerto Rico) 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 item 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 item 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 accurate and complete to the best of my knowledge and belief.

Radames Perdomo Figueroa

Date

COR/Engineer

13. Approvals in accordance with FAR 6.304

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

Donald A. Marsh III Date Contracting Officer VHA Program Contracting Activity Central (PCAC)

RADAMES

PERDOMO

Digitally signed by

RADAMES PERDOMO

Date: 2024.01.19 07:09:04 -04'00'

DONALD MARSH

Digitally signed by DONALD

MARSH

Date: 2024.01.23 08:28:20 -05'00'