Attachment 20 - Brand Name - Redacted.pdf

Department of MEMORANDUM Veterans Affairs

Date: 25 October 2023

From: Contracting Off icers Representative

Subj: Solicitation Number 36E77620C0009 650-318 Otis Justif ication and Approval – Brand Name - Other Than Full and Open Competition

Thru: Contracting Officer

To: Contract File

1. Contracting Activity:

The Department of Veterans Affairs, VISN 01, Providence Medical Center, “Justif ication for Other Than Open Competition”.

The proposed procurement is for the Construct Replacement Outpatient Clinic at US Coast Guard Air Station Cape Cod project in Bourne, MA at the Providence VA Medical Center (VAMC) for purchase request TBD.

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

This justification is to support the Replacement Outpatient Clinic at US Coast Guard Air Station Cape Cod (MINOR) Project Located in Bourne, MA for the Providence VA Medical Center 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 these items throughout the facility.

a. Cabinetry

i. Manufacture: Midmark

b. Door Hardware

i. Manufacture: Sargent 8200 Series Mortise

c. Metasys Direct Digital Control System

i. Manufacture: Johnson Control Inc. (JCI)

d. Physical Access Control Pegasys 2000 Version 3.2 Head-End equipment and System

i. Manufacture: Pelco and Johnson Control Inc (JCI)

e. Signage

i. Manufacture: APCO Signs

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

This procurement is for the Replacement Outpatient Clinic at US Coast Guard Air Station Cape Cod (MINOR) Project Located in Bourne, MA for the Providence VA Medical Center VAMC.

The scope includes everything necessary to construct a new building that meets the requirements of the Department of Veterans Affairs. There ( ) brand name items listed for which the VA is not able to accept equal or alternate item . The value of these items is listed below and the VAAR Construction magnitude for the entire project is between $10,000,000 and$20,000,000.

Cabinetry Manufacture: Midmark Description: The workstation systems by Midmark provides the only mobile workstations that can support users from a 5’-0” person seated to a 6’-4” person standing, better ergonomics and mobility in the exam rooms.

Door Hardware Manufacture: Sargent Description: Sargent 8200 Series Mortise locksets and latch sets, operational grade 1, security grade 1, with a “keso” standard security keying system to match current system used throughout the existing facility. The standard handle is “L” lever design with an “LN” rose. Keying shall match the existing keying on the campus and within the buildings where the project is located. For small projects use solid core keyways which will be equipped with the FMS masters keys during construction. For larger projects, use interchangeable keyways with a construction master during construction and change out to the final keying core once the project is ready for occupancy. Further information can be obtained from the Providence VAMC locksmith.

Metasys Direct Digital Control System Manufacture: Johnson Control Inc. (JCI) Description: The Providence Medical Center, VAMC existing direct-digital control system is proprietary Johnson Control Metasys with the Master Control located on Campus in Building #1. The existing system’s top-end communications is via BACNET. This project requires the installation of a new HVAC system monitoring equipment for the bran new Replacement Outpatient Clinic at US Coast Guard Air Station Cape Cod. The HVAC control monitoring equipment to be installed must tie into the current Building #1 located in Providence, RI DDC control system called Metasys in order to control and monitor issues associated with the new equipment including but limited to, air handling units, fans, pumps, terminal system.

d. Physical Access Control Pegasys

i. Manufacture: Pelco and JCI

ii. Description: Security Camera systems by Pelco Model Endura 2000 Version 3.2

Head-End equipment and Pegasys system provided by JCI. This equipment and service shall provide secure and reliable identification of Federal employees and contractors. System provides full video controls located at a main security console in Building 1 in Providence, RI. Physical Access Control System consisting of a system server, operating system and application software and field-installed controllers and connected by a high-speed electronic data transmission network.

e. Signage

i. Manufacture: APCO Signs

ii. Description: Signage per specif ications and drawings.

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;

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 Replacement Outpatient Clinic at US Coast Guard Air Station Cape Cod (MINOR) Project Located in Bourne, MA for the Providence VA Medical Center 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 specif ic impact for not using the brand name items is listed below:

Cabinetry Manufacture: Midmark Value:

Impact: The specif ied cabinetry systems currently used in the existing facility is the standard. The intent is to install the same brand of cabinetry throughout the medical center to provide interchangeable parts/components that is compatible with the existing system. Additionally, maintaining spare parts and expertise in repairing/replacing other cabinetries could jeopardize security to the medical center. This partial requirement of this project is a minor extension of the existing system. Currently there are no competing vendors whose products are fully compatible with our existing door hardware This is one to provide for unison through facilities.

b. Door Hardware

i. Manufacture: Sargent

ii. Value:

keying system currently used in the existing facility is the Sargent 8200 Series Mortise locksets and latch sets, operational grade 1, security grade 1, with a “keso” standard. A discontinuation of this system would result in a Facility-wide change. Only Sargent manufacturer is authorized, via special request and standardized forms signed by VA official, to provide VA keys and lockets. This is done to provide for a secure facility.

c. Metasys Direct Digital Control System

i. Manufacture: Johnson Control Inc. (JCI) ii.

iii. Impact: The Metasys Direct Digital Control system currently used in the existing facility supplied by Johnson Control Inc (JCI). A discontinuation of this system would result in a Facility-wide change. JCI is the only knowledgeable and authorized, via special request and standardized forms for the signed VA official, to provide VA a continuation of services to the Metasys system.

d. Physical Access Control Pegasys

i. Manufacture: Pelco and JCI ii.

iii. Impact: The physical access control system (PACS) currently used in the existing facility is Pelco Model Endura 2000 Version 3.2 Head-End equipment and d Pegasys system provided by JCI. A discontinuation of this system would result in a Facility-wide change. Only Pelco manufacturer and JCI are authorized, via special request and standardized forms for the signed VA official, to provide VA a secure and reliable identification system.

e. Signage

i. Manufacture: APCO Signs ii.

iii. Impact: The specif ied signage brand is currently used in the existing facility is the as standard. The intent is to install the same brand of signage throughout the medical center to provide interchangeable parts/components that is compatible with the existing system. Additionally, maintaining spare parts and expertise in repairing/replacing other cabinetries could jeopardize security to the medical center. This partial requirement of this project is a minor extension of the existing system. Currently there are no competing vendors whose products are fully compatible with our existing door hardware This is one to provide for unison through facilities.

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 identif ied as brand name; however, the overall procurement will be competed This Justif ication for Other Than Full and Open Competition will be posted to Federal Business Opportunities with the solicitation.

Determination by the Contracting Officer (CO) that the Anticipated Cost to the Government will be Fair and Reasonable:

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 names 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.

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 equipment was conducted and prepared by the COR and shared with the CO for further review. Approval of the items as brand name only is critical for the overall eff iciency of the completed project and the Providence Medical Center VAMC, as a whole.

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

New components 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 Providence Medical Center VAMC.

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 justif ication.

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.