Attachment 5 - Brand Name Justification - Redacted.pdf
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- Solicitation number
- 36C77626R0009
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Justification and Approval for Other Than Full and Open Competition
This document is a Justification and Approval (J&A) for other than full and open competition supporting a firm-fixed price construction contract for the EHRM Infrastructure Upgrades Construction project at the Doris Miller VA Medical Center in Waco, Texas. The Veterans Health Administration's Program Contracting Activity Central (PCAC) is issuing Request for Proposal 36C77626R0009 with an estimated project value between $20,000,000 and $50,000,000. The procurement specifies four brand-name system components that are not subject to competition: BACnet-certified Direct Digital Control (DDC) HVAC controls; Lenel OnGuard physical access control hardware and software; Avigilon H5A cameras with Avigilon Control Center video surveillance; and Notifier NFS-320 series fire alarm systems. The justification is based on the "Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements" authority under 41 USC §3304(a)(1), as these items have been standardized throughout the facility and are essential for system compatibility and operational continuity.
The VA determined that alternate manufacturers would create significant cost duplication, system integration failures, and operational risks that would compromise patient safety and facility security. Market research confirmed that only the specified brand-name systems integrate properly with existing infrastructure at the facility, and that alternate products would require additional gateway equipment, duplicate software platforms, duplicate credentialing systems, cybersecurity re-accreditation, and retraining of personnel. Although these specific components are designated as brand-name items, the overall procurement will be competed as a Service-Disabled Veteran-Owned Small Business (SDVOSB) set-aside, and the J&A will be posted with the solicitation. The contract will be awarded to a competitive offeror responsible for sourcing all materials and components, with the Contracting Officer to determine fair and reasonable pricing prior to award. All four brand-name items have been verified to comply with Buy American Act requirements.
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Project No. 674A4-21-700 EHRM Infrastructure Upgrades Construction
VHAPG Part 806.3 OFOC Page 1 of Revision: 02 Effective Date: 11/15/23 Acquisition ID#: 36C776-24-AP-0335
DEPARTMENT OF VETERANS AFFAIRS
Justification and Approval (J&A) for Other Than Full and Open Competition
Acquisition Plan Action ID: 36C776-27-AP-0022
1. Contracting Activity:
Veterans Health Administration (VHA), Program Contracting Activity Central (PCAC) The proposed procurement, Request for Proposal (RFP) 36C77626R0009, is for the EHRM Infrastructure Upgrades Construction project at the Doris Miller VA Medical Center (VAMC) in Waco, TX.
2. Nature and/or Description of the Action Being Processed:
This justification is to support the EHRM Infrastructure Upgrades Construction project at the Doris Miller 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 these items throughout the facility.
a. HVAC Controls (23 09 23)
i. BACnet-certified DDC System (PICS required)
b. Physical Access Control (28 13 00)
i. Lenel OnGuard hardware/software
c. Video Surveillance (28 23 00)
i. Avigilon H5A cameras + Avigilon Control Center
d. Fire Alarm (28 31 00)
i. Notifier NFS-320 series
3. Description of Supplies/Services Required to Meet the Agency’s Needs:
This procurement is for the EHRM Infrastructure Upgrades Construction project at the Doris Miller 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 are four (4) brand name items 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.
a. HVAC Controls (23 09 23)
i. BACnet-certified DDC System (PICS required)
ii. Value:
iii. Description: The contractor shall provide a complete BACnet-certified Direct
Digital Control (DDC) system fully compatible with the existing Building Automation System (BAS) deployed throughout the Doris Miller VA Medical Center. The scope includes controllers, input/output modules, network components, software licenses, programming, graphics, integration, commissioning, training, documentation, and warranty services necessary to support HVAC systems associated with the EHRM Infrastructure Upgrades.
VHAPG Part 806.3 OFOC Page 2 of Revision: 02 Effective Date: 11/15/23 Acquisition ID#: 36C776-24-AP-0335
All devices shall be listed by BACnet Testing Laboratories (BTL) and include a published Protocol Implementation Conformance Statement (PICS) to ensure full interoperability with the existing BAS head-end. Use of a non-standardized DDC system would require additional gateways, duplicate software platforms, reprogramming, and long-term maintenance support, resulting in increased lifecycle costs and operational risk.
b. Physical Access Control (28 13 00)
i. Lenel OnGuard hardware/software
ii. Value:
iii. Description: Provide Lenel OnGuard physical access control system hardware and software to match the existing enterprise Physical Access Control System (PACS) installed throughout the Doris Miller VA Medical Center. Scope includes access control panels, card readers, power supplies, databases, software licenses, programming, testing, commissioning, and full integration with the existing VA Security Management System (SMS).
Lenel OnGuard is the standardized PACS platform currently used by the facility to manage credentials, alarms, access schedules, and emergency response functions.
Installation of alternate PACS products would require parallel systems, duplicate credential databases, additional cybersecurity accreditation, and retraining of VA Police and engineering staff.
c. Video Surveillance (28 23 00)
i. Avigilon H5A cameras + Avigilon Control Center
ii. Value:
iii. Description: Provide Avigilon H5A series IP cameras and Avigilon Control
Center (ACC) software to maintain compatibility with the existing campus-wide video surveillance system. Scope includes cameras, mounting hardware, software licensing, configuration, programming, testing, and integration with the existing video management and recording infrastructure.
Avigilon is the standardized video surveillance platform used by VA Police and facility security staff for real-time monitoring, analytics, and forensic video review. Use of alternate camera manufacturers would result in loss of advanced analytics, reduced system performance, and additional costs associated with parallel video management platforms.
d. Fire Alarm (28 31 00)
i. Notifier NFS-320 series
ii. Value:
iii. Description: Provide Notifier NFS-320 fire alarm control panels and associated initiating and notification devices compatible with the existing fire alarm system serving the Doris Miller VA Medical Center. Scope includes equipment, programming, testing, commissioning, documentation, and certification required to maintain system operability and compliance with NFPA and VA life-safety requirements.
VHAPG Part 806.3 OFOC Page 3 of Revision: 02 Effective Date: 11/15/23 Acquisition ID#: 36C776-24-AP-0335
Notifier systems are standardized across the facility. Use of alternate fire alarm manufacturers would require additional interface equipment, revised programming, and increased risk of system impairment during emergency events.
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. -1;
( ) Unusual and Compelling Urgency per 41 USC §3304(a)(2) as implemented by FAR
6. -2;
( ) Industrial Mobilization, Engineering, Developmental or Research Capability or Expert Services per 41 USC §3304(a)(3) as implemented by FAR 6. -3;
( ) International Agreement per 41 USC §3304(a)(4) as implemented by FAR 6. -4 ( ) Authorized or Required by Statute per 41 USC §3304(a)(5) as implemented by FAR
6. -5;
( ) National Security per 41 USC §3304(a)(6) as implemented by FAR 6. -6;
( ) Public Interest per 41 USC §3304(a)(7) as implemented by FAR 6. -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 Doris Miller 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:
a. HVAC Controls (23 09 23)
i. BACnet-certified DDC System (PICS required)
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.
b. Physical Access Control (28 13 00)
i. Lenel OnGuard hardware/software
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.
c. Video Surveillance (28 23 00)
i. Avigilon H5A cameras + Avigilon Control Center
VHAPG Part 806.3 OFOC Page 4 of Revision: 02 Effective Date: 11/15/23 Acquisition ID#: 36C776-24-AP-0335
ii. Impact: Any other devices and equipment not of the existing manufacturer may not provide correct interface and operability with the existing fire proection system. The fire protection system is critical for safeguarding patients, visitors, staff, and 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.
d. Fire Alarm (28 31 00)
i. Notifier NFS-320 series
ii. Impact: Any other devices and equipment not of the existing manufacturer may not provide correct interface and operability with the existing fire proection system. The fire protection system is critical for safeguarding patients, visitors, staff, and 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.
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:
The market research for the required brand name items 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 these brand name items. Approval of the items as brand name only is critical for the overall efficiency of the completed project and the entire Doris Miller VAMC.
The market research concerning the required brand name items was previously conducted when the procurement of these items were 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 items identified. The A/E
VHAPG Part 806.3 OFOC Page 5 of Revision: 02 Effective Date: 11/15/23 Acquisition ID#: 36C776-24-AP-0335 team reviewed each of the compliance standards for the BAA and compared it with the components in each of the brand name items. After their thorough review, they have concluded that each item is in compliance with the BAA. See an overview below for each item:
a. HVAC Controls (23 09 23) - BACnet-certified DDC System (PICS required)
i. The market research determined that while multiple manufacturers offer
BACnet-capable control systems, only the existing BAS manufacturer provides full compatibility with the facility’s installed head-end software, databases, graphics, alarms, and trending functions. Alternate systems would require gateways, additional licensing, and ongoing support complexity. Therefore, only the standardized BAS solution satisfies the Government’s operational and lifecycle requirements.
b. Physical Access Control (28 13 00) - Lenel OnGuard hardware/software
i. Market research confirmed that Lenel OnGuard is the enterprise PACS platform deployed throughout the Doris Miller VAMC. Alternate PACS products were reviewed but would require duplicate credentialing systems, parallel databases, additional cybersecurity approvals, and retraining of VA Police personnel. Lenel OnGuard is the only solution that meets VA operational, security, and continuity requirements.
c. Video Surveillance (28 23 00) - Avigilon H5A cameras + Avigilon Control Center
i. The facility’s video surveillance infrastructure is standardized on Avigilon
Control Center. Market research determined that alternate camera systems would not fully integrate with existing analytics, centralized monitoring, and forensic review tools used by VA Police. Use of Avigilon equipment ensures system continuity and avoids degradation of security operations.
d. Fire Alarm (28 31 00) - Notifier NFS-320 series
i. Market research confirmed that the existing fire alarm infrastructure is based on Notifier systems. Introduction of alternate fire alarm manufacturers would require additional interface equipment and increase the risk of system impairment. The Notifier NFS-320 series is the only solution that maintains full compatibility with the existing life-safety network.
ii.
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 Doris Miller 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.
VHAPG Part 806.3 OFOC Page 6 of Revision: 02 Effective Date: 11/15/23 Acquisition ID#: 36C776-24-AP-0335
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.
Samuel Slover Date Healthcare Engineer Doris Miller 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.
Bridget May Date Contracting Officer Program Contracting Activity Central
b. One Level Above the Contracting Officer (Required over SAT but not exceeding $ K): I certify the justification meets requirements for other than full and open competition.
Don Marsh Date Supervisory Contracting Officer Program Contracting Activity Central
SAMUEL SLOVER
Digitally signed by SAMUEL
SLOVER
Date: 2026.01.15 10:17:33 -06'00'
BRIDGET MAY Digitally signed by BRIDGET MAY Date: 2026.01.15 11:32:07 -05'00'
DONALD MARSH Digitally signed by DONALD MARSH Date: 2026.01.16 07:10:02 -05'00'
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