ATTACHMENT 7 - Brand Name Justification - Mather.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) 36C77622B0012, is for the Medical Specialty Clinic (Minor) Construction project at the Mather VA Medical Center (VAMC).

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

This justification is to support the Medical Specialty Clinic (Minor) Construction project at the Mather 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. Programming and Controls

i. Johnson Controls

b. Fire Alarm System

i. Secutron

c. Control Card Reader System

i. Johnson Control HID Card Readers

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

This procurement is for the Medical Specialty Clinic (Minor) Construction project at the Mather VAMC. The scope includes everything necessary to construct a Medical Specialty Clinic 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 $5,000,000 and $10,000,000.

a. Programming and Controls

i. Johnson Controls

ii. Value:

iii. Description: Johnson controls provides programming and controls system for the project. This installation will include: programming in the building to monitor equipment and utilities systems from our utility plant.

ii. Value:

iii. Description: Secutron brand name fire alarm, and other devices that will operate with this brand name interface.

i. Johnson Control HID Card Readers

ii. Value:

iii. Description: Johnson Control brand name HID card readers that will operate with this brand name interface, be installed in Northern California Health Care System (NCHSC) for compatibility with existing CCure9000 software.

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 Mather 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. Programming and Controls

i. Johnson Controls

ii. Impact: Since 2010, The Department of Veterans Affairs (VA) have owned and operated the Johnson Controls (JCI) Metasys Building Automation System (BAS) exclusively at the Mather and McClellan campuses. The BAS connects to the HVAC, lighting, security, and protection systems, and enables them to communicate on a single platform efficiently. The contractual instrument since 2010 was the Utility Energy Savings Contracts (UESC) with JCI providing all services. Authorized by the Energy Policy Act of 1992, P.L. 102-486 (codified as 42 U.S.C 8256), the UESC is a limited -source contract between a federal agency and its serving utility for energy and water efficiency improvements and demand-reduction services.

ii. Impact: This will aid in standardizing the fire alarm system of all buildings at the VA

Mather campus to the “Secutron” brand name. It was reported that Engineering and Facilities Maintenance have had numerous problems with the different brands of alarm panels interfacing and causing internal conflicts with one another. They have been known to give random troubles, false alarms, and supervisory issues that limit their function ability with this lack of communicating. Installing this “Secutron” fire alarm system will aid in maintenance of the fire systems by matching the standardization all the buildings at this location and only require one contractor to service them all. This fire alarm system will be installed as part of the new construction of this building and it will be connected to the existing main system of Secutron with rest of the hospital

i. Johnson Controls HID Card Readers

ii. Impact: Specifically request HID card readers compatible with existing PIV cards and software system CCure 9000 be installed in in Northern California Health Care

System (NCHSC). This will aid in standardizing the PIV lock system of all buildings at VA Northern California Health Care System (NCHSC). It was reported that VA Police have had numerous problems with the different brands of card readers and maintaining multiple systems that couldn’t be accessed remotely as CCure 9000 is able to. Installation of HID card readers compatible with CCure 9000 system and VA’s PIV cards will aid in security and standardize all buildings throughout VA Northern California Health Care System (NCHSC). This will ensure VA Police can monitor security of multiple campuses throughout VA NCHSC.

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 Mather VAMC, as a whole.

9. 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 the Mather 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.

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.

Andy C. Malone Date COR/Engineer Mather 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: 2021.12.21 07:51:55 -05'00'

ANDY C. MALONE

1766358

Digitally signed by ANDY C.

MALONE 1766358

Date: 2021.12.21 07:56:51 -08'00'

John Yallech 189260

Digitally signed by John Yallech 189260 Date: 2021.12.21 17:54:56 -05'00'