Attachment 6 Sole Source Items JAs Combined Redacted.pdf

Attachment 7: Request for Sole Source Justification Format >SAT

VHAPG Part 806.3 OFOC Page 1 of 3 Revision: 01 Effective Date: 04/01/23

DEPARTMENT OF VETERANS AFFAIRS

Justification and Approval (J&A) For

Other Than Full and Open Competition (>SAT) Brand Name Only

Acquisition Plan Action ID: 36C262-23-AP-5135

1. Contracting Activity: The contracting agency responsible for this procurement is the Department of Veterans Affairs, Network Contracting Office 22, Long Beach, CA. The purchase request number is 600-24-1-5923-0003 and the project number is 600-23-111.

2. Nature and/or Description of the Action Being Processed: In support of the Tibor Rubin VA Medical Center in Long Beach, California, the scope of the project involves the site prep for a Hemodialysis install of new skid base heat treatment. This project will replace the existing Reverse Osmosis (RO) water system with new state of the art RO system, as the existing system does not meet the hospitals policies and standards for water quality.

The period of performance is 180 calendar days. This J&A is requesting approval for the inclusion of brand name descriptions for a new firm fixed-priced construction contract to renovate the campus at the Tibor Rubin Veterans Medical Center.

3. Description of Supplies/Services Required to Meet the Agency’s Needs The objective of this requirement is to upgrade the current RO water system with a state-of-the-art RO water system, including removal and replacement of decayed piping, and patch/paint of dilapidated floors and ceilings. Brand name only components are contained in the Statement of Work (SOW), specifications, and drawings prepared by the VA contracted Architect-Engineer (A- E) firm, Paradigm. Tibor Rubin Medical Center facility requires B Braun Medical Inc., Aquaboss EcoRO II Dia HT Twin-Pass/ Double Staged Chemical Disinfection with Aquaboss HotRinse SMART, maintenance, disposable (Aquaboss) as the standard of compatibility identified in the drawings and specifications.

The B Braun Aquaboss system is required due to the advanced nature of the RO System that is being implemented by this contract. Primary materials of construction for the RO and loop is 316L stainless steel with sensors and components made of the highest quality materials.

Due to the use of 316L stainless steel for many of the components, the lifecycle of the RO system is 50 years, which is significantly longer than a system that uses mostly plastic components. This system also provides an emergency mode with two or more pumps for redundancy, which is very important in the event of pump failure. Also included are multiple in-line heating elements which turn on/off as needed to maintain heat in loop and RO machine. This method is much more efficient than using heating tanks. The estimated cost for the Aquaboss

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 41 USC §3304(a)(1) as implemented by FAR 6.302-1;

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( ) (2) Unusual and Compelling Urgency per 41 USC §3304(a)(2) as implemented by FAR 6.302-2;

( ) (3) Industrial Mobilization, Engineering, Developmental or Research Capability or Expert Services per 41 USC §3304(a)(3) as implemented by FAR 6.302-3;

( ) (4) International Agreement per 41 USC §3304(a)(4) as implemented by FAR 6.302-4

( ) (5) Authorized or Required by Statute per 41 USC §3304(a)(5) as implemented by FAR 6.302-5;

( ) (6) National Security per 41 USC §3304(a)(6) as implemented by FAR 6.302-6;

( ) (7) 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):

As outlined elsewhere in this document, the B Braun Aquaboss will help prolong the life of the RO system being implemented. In addition, the efficiency of this machine will pay for itself by significantly reducing water usage, as well as have reduced maintenance and disinfection costs validated by other VA facilities. This system is very reliable and cost effective.

6. Description of Efforts Made to ensure that offers are solicited from as many potential sources as deemed practicable: The solicitation is being issued as a competitive Invitation for Bid (IFB) to Service Disabled Veteran Owned Small Businesses (SDVOSB). Due to the advanced nature of the RO system, no additional effort will be made to change to a new water treatment system. The efficiency and overall reduction in water cost of this system will end up providing a cost savings for the facility in the long run.

7. Determination by the CO that the Anticipated Cost to the Government will be Fair and

Reasonable: The Contracting Officer (CO) anticipates that proposed costs will be considered fair and reasonable due to adequate price competition. FAR 15.404-1 lists various proposal analysis techniques to ensure the final agreed-to price is fair and reasonable. The government anticipates that it will conduct price analysis by comparing proposed prices received in response to the solicitation in accordance with FAR 15.404-1(b)(2)(i).

8. Description of the Market Research Conducted and the Results, or a Statement of the Reasons Market Research Was Not Conducted: Market research was conducted on March 7, 2024, by searching the Small Business Administration VetCert database comprised of verified SDVOSBs. The VetCert query for NAICS 236220 resulted in 3,233 verified SDVOSBs and 2,079 SDVOSBs in California. The contract will be awarded to the lowest responsible and responsive bid. The Buy American Act is applicable to this procurement;

however, the Trade Agreements Act is not applicable based on exceptions FAR 25.401(a)(1) and FAR 25.401(a)(5). Based upon the adequate number of qualified SDVOSBs in the VetCert query, the CO determined that there will be adequate price competition for this procurement. As such, the CO determined that the government could rely upon the expectation of price competition among these SDVOSB concerns to conclude that the offered prices will be fair and reasonable. The CO determined that at least two SDVOSB concerns are likely to submit bids for this procurement and that contract award is likely to be made at a fair and reasonable price.

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

There are no further facts supporting the use of other than full and open competition. The reasons for using other than full and open competition are provided herein.

10. Listing of Sources that Expressed, in Writing, an Interest in the Acquisition: The listing of sources that expressed interest in the acquisition is not applicable.

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: Once the water treatment system is implemented, future contracts for water treatment systems may consider full and open competition. The nature of this procurement required the use of a brand name to maintain overall quality with the RO system that is being implemented with this contract.

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.

13. Approvals in accordance with the VHAPM Part 806.3 OFOC SOP:

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

VHAPG Part 806.3 OFOC Page 1 of 4 Revision: 01 Effective Date: 04/01/23

DEPARTMENT OF VETERANS AFFAIRS

Justification and Approval (J&A) For

Other Than Full and Open Competition (>SAT) Brand Name Only

Acquisition Plan Action ID: 36C262-23-AP-5135

1. Contracting Activity: The contracting agency responsible for this procurement is the Department of Veterans Affairs, Network Contracting Office 22, Long Beach, CA. The purchase request number is 600-24-1-5923-0003 and the project number is 600-23-111.

2. Nature and/or Description of the Action Being Processed: In support of the Tibor Rubin VA Medical Center in Long Beach, California, the scope of the project involves the site prep for a Hemodialysis install of new skid base heat treatment. This project will replace the existing Reverse Osmosis (RO) water system with new state of the art RO system, as the existing system does not meet the hospitals policies and standards for water quality.

The period of performance is 180 calendar days. This J&A is requesting approval for the inclusion of brand name descriptions for a new firm fixed-priced construction contract to renovate the campus at the Tibor Rubin Veterans Medical Center.

3. Description of Supplies/Services Required to Meet the Agency’s Needs The objective of this requirement is to upgrade the current RO water system with a state-of-the-art RO water system, including removal and replacement of decayed piping, and patch/paint of dilapidated floors and ceilings. Brand name only components are contained in the Statement of Work (SOW), specifications, and drawings prepared by the VA contracted Architect-Engineer (A- E) firm, Paradigm. Tibor Rubin Medical Center facility requires the Edwards EST3, Addressable fire Alarm System as the standard of compatibility identified in the drawings and specifications.

The Edwards EST3, Addressable fire Alarm System is the current fire safety system that is used throughout this facility. For safety and fire prevention purposes, the EST3 system must remain uniform and in compliance with the existing system as installing multiple brand names will not only contribute to system communication incompatibility but will also require the end user to purchase and maintain additional software. All life safety systems communicate to central computers that are continuously monitored and the systems alarm to the master, allowing for responsible parties to respond effectively in the event of an emergency which establishes the importance of uniformity and consistency. Conformity with the existing brand name systems will also allow for spare parts inventory to remain manageable and cost effective. Use of alternative products and systems would be counterproductive in that they are not fully compatible with the Medical Center base standards and requirements. The estimated cost for this system

4. Statutory Authority Permitting Other than Full and Open Competition:

VHAPG Part 806.3 OFOC Page 2 of 4 Revision: 01 Effective Date: 04/01/23

( ) (2) Unusual and Compelling Urgency per 41 USC §3304(a)(2) as implemented by FAR 6.302-2;

( ) (3) Industrial Mobilization, Engineering, Developmental or Research Capability or Expert Services per 41 USC §3304(a)(3) as implemented by FAR 6.302-3;

( ) (4) International Agreement per 41 USC §3304(a)(4) as implemented by FAR 6.302-4 ( ) (5) Authorized or Required by Statute per 41 USC §3304(a)(5) as implemented by FAR

6.302-5;

( ) (6) National Security per 41 USC §3304(a)(6) as implemented by FAR 6.302-6;

( ) (7) 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):

As outlined elsewhere in this document, the Edwards EST3 Life Safety System is standard across the facility. Continued use of this system is paramount in maintaining continuity of safety monitoring across the medical centers existing network. Conformity with the existing system will also allow for future spare parts to remain manageable and cost effective to the facility.

6. Description of Efforts Made to ensure that offers are solicited from as many potential sources as deemed practicable: The solicitation is being issued as a competitive Invitation for Bid (IFB) to Service Disabled Veteran Owned Small Businesses (SDVOSB). Due to the current fire system in place at the facility, no additional effort will be made to change to a new facility wide system. The facility currently uses the Edwards EST3 Life Safety System. Maintaining this system throughout is the only effective way to continue compatibility among the existing network, as well as offers the ability to maintain spare parts.

7. Determination by the CO that the Anticipated Cost to the Government will be Fair and Reasonable: The Contracting Officer (CO) anticipates that proposed costs will be considered fair and reasonable due to adequate price competition. FAR 15.404-1 lists various proposal analysis techniques to ensure the final agreed-to price is fair and reasonable. The government anticipates that it will conduct price analysis by comparing proposed prices received in response to the solicitation in accordance with FAR 15.404-1(b)(2)(i).

8. Description of the Market Research Conducted and the Results, or a Statement of the Reasons Market Research Was Not Conducted: Market research was conducted on March 7, 2024, by searching the Small Business Administration VetCert database comprised of verified SDVOSBs. The VetCert query for NAICS 236220 resulted in 3,233 verified SDVOSBs and 2,079 SDVOSBs in California. The contract will be awarded to the lowest responsible and responsive bid. The Buy American Act is applicable to this procurement;

however, the Trade Agreements Act is not applicable based on exceptions FAR 25.401(a)(1) and FAR 25.401(a)(5). Based upon the adequate number of qualified SDVOSBs in the VetCert query, the CO determined that there will be adequate price competition for this procurement. As such, the CO determined that the government could rely upon the expectation of price competition among these SDVOSB concerns to conclude that the offered prices will be fair and reasonable. The CO determined that at least two SDVOSB concerns

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

There are no further facts supporting the use of other than full and open competition. The reasons for using other than full and open competition are provided herein.

services required: Once the entire system is implemented, future contracts for fire systems may consider full and open competition. The nature of this procurement required the use of a brand name to maintain compatibility with the existing fire alarm system.

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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

VHAPG Part 806.3 OFOC Page 1 of 3

DEPARTMENT OF VETERANS AFFAIRS

Justification and Approval (J&A) For

Other Than Full and Open Competition (>SAT) Brand Name Only

Acquisition Plan Action ID: 36C262-23-AP-5135

1. Contracting Activity: The contracting agency responsible for this procurement is the

Department of Veterans Affairs, Network Contracting Office 22, Long Beach, CA. The purchase request number is 600-24-1-5923-0003 and the project number is 600-23-111.

2. Nature and/or Description of the Action Being Processed: In support of the Tibor Rubin VA Medical Center in Long Beach, California, the scope of the project involves the site prep for a Hemodialysis install of new skid base heat treatment. This project will replace the existing Reverse Osmosis (RO) water system with new state of the art RO system, as the existing system does not meet the hospitals policies and standards for water quality.

The period of performance is 180 calendar days. This J&A is requesting approval for the inclusion of brand name descriptions for a new firm fixed-priced construction contract to renovate the campus at the Tibor Rubin Veterans Medical Center.

3. Description of Supplies/Services Required to Meet the Agency’s Needs The objective of this requirement is to upgrade the current RO water system with a state-of-the-art RO water system, including removal and replacement of decayed piping, and patch/paint of dilapidated floors and ceilings. Brand name only components are contained in the Statement of Work (SOW), specifications, and drawings prepared by the VA contracted Architect-Engineer (A- E) firm, Paradigm. Tibor Rubin Medical Center facility requires Johnson Controls Inc, Metasys Building Automation and Control Systems (Metasys System) as the standard of compatibility identified in the drawings and specifications.

The Johnson Controls Inc, Metasys System are required to maintain existing connectivity and system integration. This system is the overall control for Heating and Ventilation and Air Conditioning (HVAC) systems in the main hospital building and all surrounding buildings. A noncompatible system will cause increased maintenance problems as well as an increase in acquisition cost by having to purchase the front-end hardware/software. Conformity with the existing Metasys System will also allow for spare parts inventory to remain manageable and cost effective. The estimated cost for the Metasys System

4. Statutory Authority Permitting Other than Full and Open Competition:

( ) (2) Unusual and Compelling Urgency per 41 USC §3304(a)(2) as implemented by FAR 6.302-2;

( ) (3) Industrial Mobilization, Engineering, Developmental or Research Capability or Expert Services per 41 USC §3304(a)(3) as implemented by FAR 6.302-3;

( ) (4) International Agreement per 41 USC §3304(a)(4) as implemented by FAR 6.302-4

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( ) (5) Authorized or Required by Statute per 41 USC §3304(a)(5) as implemented by FAR 6.302-5;

( ) (6) National Security per 41 USC §3304(a)(6) as implemented by FAR 6.302-6;

( ) (7) 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):

As outlined elsewhere in this document, the Johnson Controls Inc, Metasys System is standard across the facility. Continued use of this HVAC system will decrease future maintenance problems as well as lower acquisition cost by not having to acquire a completely new system and software. This system will also allow for spare parts inventory to remain manageable and cost effective.

competitive Invitation for Bid (IFB) to Service Disabled Veteran Owned Small Businesses (SDVOSB). Due to the HVAC system in place at the facility, no additional effort will be made to change to a new HVAC system. The facility currently has the Johnson Controls Inc, Metasys System. Maintaining this system is the most cost-effective way for the facility to maintain spare parts, as well as reduce operations, maintenance, and training costs for HVAC systems.

considered fair and reasonable due to adequate price competition. FAR 15.404-1 lists various proposal analysis techniques to ensure the final agreed-to price is fair and reasonable. The

March 7, 2024, by searching the Small Business Administration VetCert database comprised of verified SDVOSBs. The VetCert query for NAICS 236220 resulted in 3,233 verified SDVOSBs and 2,079 SDVOSBs in California. The contract will be awarded to the lowest responsible and responsive bid. The Buy American Act is applicable to this procurement;

however, the Trade Agreements Act is not applicable based on exceptions FAR 25.401(a)(1) and FAR 25.401(a)(5). Based upon the adequate number of qualified SDVOSBs in the VetCert query, the CO determined that there will be adequate price competition for this procurement. As such, the CO determined that the government could rely upon the expectation of price competition among these SDVOSB concerns to conclude that the offered prices will be fair and reasonable. The CO determined that at least two SDVOSB concerns reasons for using other than full and open competition are provided herein.

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Effective Date: 04/01/23 services required: Once the Metasys System is implemented, future contracts for Metasys Systems may consider full and open competition. The nature of this procurement required the use of a brand name to maintain compatibility with existing Metasys System.

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

VHAPG Part 806.3 OFOC Page 1 of 4

BDEPARTMENT OF VETERANS AFFAIRS

Justification and Approval (J&A) For

Other Than Full and Open Competition (>SAT) Brand Name Only

Acquisition Plan Action ID: 36C262-23-AP-5135

1. Contracting Activity: The contracting agency responsible for this procurement is the

Department of Veterans Affairs, Network Contracting Office 22, Long Beach, CA. The purchase request number is 600-24-1-5923-0003 and the project number is 600-23-111.

2. Nature and/or Description of the Action Being Processed: In support of the Tibor Rubin VA Medical Center in Long Beach, California, the scope of the project involves the site prep for a Hemodialysis install of new skid base heat treatment. This project will replace the existing Reverse Osmosis (RO) water system with new state of the art RO system, as the existing system does not meet the hospitals policies and standards for water quality.

The period of performance is 180 calendar days. This J&A is requesting approval for the inclusion of brand name descriptions for a new firm fixed-priced construction contract to renovate the campus at the Tibor Rubin Veterans Medical Center.

3. Description of Supplies/Services Required to Meet the Agency’s Needs The objective of this requirement is to upgrade the current RO water system with a state of the art RO water system, including removal and replacement of decayed piping, and patch/paint of dilapidated floors and ceilings. Brand name only components are contained in the Statement of Work (SOW), specifications, and drawings prepared by the VA contracted Architect-Engineer (A- E) firm, Paradigm. Tibor Rubin Medical Center facility requires Schlage Primus Large Format Interchangeable core locks as the standard of compatibility identified in the drawings and specifications.

The Schlage Primus Large Format Interchangeable core locks are the current core/door hardware that are used throughout this facility. For security and inventory purposes, the door hardware system must remain uniform and in compliance with the existing key system. Key control is a major security issue and consistency in hardware is of great concern to campus police as well as employees. The estimated cost for the core locks

4. Statutory Authority Permitting Other than Full and Open Competition:

( ) (2) Unusual and Compelling Urgency per 41 USC §3304(a)(2) as implemented by FAR 6.302-2;

( ) (3) Industrial Mobilization, Engineering, Developmental or Research Capability or Expert Services per 41 USC §3304(a)(3) as implemented by FAR 6.302-3;

( ) (4) International Agreement per 41 USC §3304(a)(4) as implemented by FAR 6.302-4

( ) (5) Authorized or Required by Statute per 41 USC §3304(a)(5) as implemented by FAR 6.302-5;

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( ) (6) National Security per 41 USC §3304(a)(6) as implemented by FAR 6.302-6;

( ) (7) 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):

As outlined elsewhere in this document, the Schlage system is standard across the facility.

Continued use of this system of key control is a major security and consistency in hardware issue that is of great concern to the campus police and employees. Conformity with the existing hardware will also allow for future spare parts to remain manageable and cost effective to the facility.

competitive Invitation for Bid (IFB) to Service Disabled Veteran Owned Small Businesses (SDVOSB). Due to the current core lock system in place at the facility, no additional effort will be made to change to a new lock system. The facility currently has the Schlage Primus Large Format Interchangeable core locks. Maintaining this system is the most cost effective way for the facility to maintain spare parts, as well as offers stability regarding security.

considered fair and reasonable due to adequate price competition. FAR 15.404-1 lists various proposal analysis techniques to ensure the final agreed-to price is fair and reasonable. The

March 7, 2024, by searching the Small Business Administration VetCert database comprised of verified SDVOSBs. The VetCert query for NAICS 236220 resulted in 3,233 verified SDVOSBs and 2,079 SDVOSBs in California. The contract will be awarded to the lowest responsible and responsive bid. The Buy American Act is applicable to this procurement;

however, the Trade Agreements Act is not applicable based on exceptions FAR 25.401(a)(1) and FAR 25.401(a)(5). Based upon the adequate number of qualified SDVOSBs in the VetCert query, the CO determined that there will be adequate price competition for this procurement. As such, the CO determined that the government could rely upon the expectation of price competition among these SDVOSB concerns to conclude that the offered prices will be fair and reasonable. The CO determined that at least two SDVOSB concerns reasons for using other than full and open competition are provided herein.

VHAPG Part 806.3 OFOC Page 3 of 4 services required: Once the core lock system is implemented, future contracts for core locks may consider full and open competition. The nature of this procurement required the use of a brand name to maintain compatibility with existing core locks.

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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