ATTACHMENT 4 - Brand Name Justification - Tomah.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, Invitation for Bid (IFB) 36C77622B0010, is for the EHRM Training and Administrative Support Space construction project at the Tomah VA Medical Center (VAMC).

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

This justification is to support the EHRM Training and Administrative Support Space construction project at the Tomah 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.

a. Windows

i. EFCO

b. Ceiling Tiles & Grid

i. Armstrong

c. Paint Colors

i. Sherwin Williams

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

This procurement is for the EHRM Training and Administrative Support Space construction project at the Tomah VAMC. The scope includes everything necessary to construct a EHRM Training and Administrative Support Space that meets the requirements of the Department of Veterans Affairs.

There are three (3) 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 $2,000,000 and $5,000,000.

a. Windows

i. EFCO

ii. Value:

iii. Description: EFCO will be manufacturing the windows. Install will be performed by either the GC or their appropriate subcontractor. Historically protected buildings.

The State Historical Preservation Office has approved this window (make and manufacturer) for use in/at all historical buildings on campus.

b. Ceiling Tiles & Grid

i. Armstrong

ii. Value:

iii. Description: Armstrong ceiling tiles and suspension systems will be manufactured by

Armstrong. Installation will be performed by either the GC or their appropriate subcontractor. These are the standard ACT suspension ceiling system on campus.

c. Paint Colors

i. Sherwin Williams

Value:

Description: Sherwin Williams will manufacture and mix the specified paint colors identified on the finish schedule. The product will be applied by the GC or their appropriate subcontractor.

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):

These items have been standardized throughout the Tomah 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 items is listed below:

a. Windows

i. EFCO

ii. Impact: Building 407 (the space under construction via this project) is a historically protected building. The State Historical Preservation Office has approved this window (make and manufacturer) for use in/at all historical buildings on campus. If a window other than EFCO is used it will violate the approved HRMP (Historical Resource Management Plan) and could result in delays, rework and/or legal litigation with the State Historical Preservation Office.

b. Ceiling Tiles & Grid

i. Armstrong

ii. Impact: Station wide VAMC has standardized on Armstrong ceiling tiles and grid system. The manufacturer has specific products, and product availability to meet the station’s specific requirements. By standardizing, facilities do not have to be concerned with stocking multiple manufacturer’s grid and/or ceiling tiles. This saves our department time, storage requirements, and reduces overhead stock.

c. Paint Colors

i. Sherwin Williams

ii. Impact: Station wide VAMC has standardized on Sherwin Williams paint colors and base paint products. The manufacturer has specific products, product availability to meet the stations specific requirements. By standardizing, facilities do not have to be concerned with stocking multiple manufacturer’s paint colors and bases. This saves our department time, storage requirements, and reduces overhead stock. The station’s painters are experienced tinting and utilizing the specific Sherwin Williams paints and colors.

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 Federal Business Opportunities with the solicitation.

7. 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 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:

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 Tomah VAMC, as a whole.

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

New windows must be approved by the State Historical Preservation Office, and the EFCO series windows, listed in the drawings and specifications, meet their criteria. They have approved this type and manufacturer for use on historically protected buildings throughout campus. To introduce a new style and manufacturer could add months to the project and delay construction. The State Historical Preservation Office (SHPO) approval process is a lengthy and painful process. Their input and requirements only add cost and time to a project, and they do not financially contribute to these costs.

The ACT ceiling system (grid and acoustical panels) can be purchased through multiple online vendors and/or construction material vendors. Consequently, sole sourcing ACT ceiling system (grid and panels) does not limit or reduce the competitive nature of the solicitation. Virtually any bidding contractor has access competitively price this COTS (commercial off the shelf) item.

Sherwin Williams paint colors have been standardized throughout Tomah VAMC campus.

Sherwin Williams base paint and colors can be purchased through multiple online vendors and/or construction material vendors. Consequently, sole sourcing the paint manufacturer and colors does not limit or reduce the competitive nature of the solicitation. Virtually any bidding contractor has access to competitively price this COTS (commercial off the shelf) item.

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 accurate and complete to the best of my knowledge and belief.

Jason Erdman Date COR/Engineer Tomah VAMC

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)

b. One Level Above the Contracting Officer (Required over $250K but not exceeding $750K): I certify the justification meets requirements for other than full and open competition.

John Yallech, Jr. Date Supervisory Contracting Officer VHA Program Contracting Activity Central (PCAC)

Donald A. Marsh 1489406 Digitally signed by Donald A. Marsh 1489406 Date: 2021.12.13 07:32:31 -05'00'

Jason J. Erdman 1101868

Digitally signed by Jason J.

Erdman 1101868 Date: 2021.12.13 08:10:59 -06'00'

John Yallech 189260 Digitally signed by John Yallech 189260 Date: 2021.12.13 09:41:52 -05'00'