Attachment 9 - Brand Name JA - EHRM Infrastructure - Detroit.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 36C77623B0042, is for the 553-21-701 EHRM Infrastructure Upgrades – Detroit, MI, construction project at the John D. Dingell VA Medical Center (VAMC).

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

This justification is to support the 553-21-701 EHRM Infrastructure Upgrades – Detroit, MI construction project at the John D. Dingell 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. Firestopping

i. Hilti FS-1

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

This procurement is for the EHRM Infrastructure Upgrades construction project at the John D. Dingell VAMC.

The scope includes everything necessary to renovate support space for EHRM upgrades that meets the requirements of the Department of Veterans Affairs. There is one brand name item listed for which the VA is not able to accept equal or alternate items. The value of this item is listed below and the VAAR construction magnitude for the entire project is between $20,000,000 AND $50,000,000.

a. Firestopping

i. Hilti FS-1

ii. Rom Value: $25,000

iii. Hilti Firestopping was used exclusively during the ground up construction of the Medical

Center during the 1990s. Hilti products have been sole sourced since then on all construction products to avoid any confusion on building safety inspections. Hilti Firestopping has a red color exclusive to the brand.

Firestopping is a national code requirement. Different brands cannot be mixed.

Each specific application has been tested. The Red Hilti brand is the Detroit VA building standard. It is easily identifiable during building inspections and JCAHO visits. The Hilti usage provides a complete building fire stopping system.

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 John D. Dingell 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. Firestopping

i. Hilti FS-1. The original firestopping when the building was constructed in the early 1990s, was Hilti. Whenever Detroit VAMC has inspections, especially JCAHO. The inspectors automatically look for the red Hilti color. Another color and product have caused issues when they inspect the firestopping.

ii. Impact: If the inspector assumes the firestopping should be red and sees another color, it might be written up as a code violation.

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

The 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 (ROM) $25,000.

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 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 John D. Dingell 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 systems being used at the John D. Dingell 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 bid for the project.

12. Requirements Certification: I certify that the requirements outlined in this justification are Bona Fide needs 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. The undersigned VA Project Engineer, having wide and varied knowledge and experience in design, construction, and estimating techniques, provides the above cost estimates with the following understanding by all recipients:

a. VA Project Engineers are NOT Certified Professional Estimators as recognized by the American Society of Professional Estimators

b. This cost estimate is provided for project application use only and may vary from actual proposal costs due to variations of interpretation for type of services requested, scope of work required, and/or means and methods of work performance.

Daniel Oda Date General Engineer/Project Manager/COR John D. Dingell 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.

Megan Dohm Date Contracting Officer VHA Program Contracting Activity Central (PCAC)