ATTACHMENT 9 - Brand Name Justification - Iron MTN Primary Care.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 (IF) 36C77621B0005, is for the Expand Primary Care (Minor) Construction project at the Oscar G. Johnson VA Medical Center (VAMC).

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

This justification is to support the Expand Primary Care (Minor) Construction project at the Oscar G.

Johnson 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. Nurse Call System

i. Ascom

b. Fire Alarm Annunciation Equipment

i. Johnson Controls

c. Security

i. Johnson Controls - C-Cure 9000 System

d. HVAC Controls

i. Siemens

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

This procurement is for the Expand Primary Care (Minor) Construction project at the Oscar G.

Johnson VAMC. The scope includes everything necessary to construct a new addition to an existing building 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 these items is listed below and the VAAR Construction magnitude for the entire project is between $5,000,000 and $10,000,000.

a. Nurse Call System

i. Ascom

ii. Value:

iii. Description: Tektone will be supplying the nurse call system for the project. This installation will include: Master station, bath station, and staff station.

ii. Value:

iii. Description: Johnson Controls will be supplying all associated fire alarm annunciation equipment for the project including but not limited to heat detectors, smoke detectors, infrared, pull station, strobes, horn strobes, speakers etc. and integrating new equipment into the existing system.

i. Johnson Controls -C-Cure 9000 System

ii. Value:

iii. Description: Johnson Controls will be supplying all associated security equipment and programing for the project.

ii. Value:

iii. Description: HVAC controls integrated to the building automation system and front-end equipment.

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 Oscar G. Johnson 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. Nurse Call System

i. Ascom

ii. Impact: The Iron Mountain VAMC is currently working on a contract to convert the existing EZCare nurse call system to Ascom. Ascom system has been installed on recent renovation and improvement project. The installation of a different nurse call system other than Ascom will result in greater training requirements for nursing staff as they will need to be familiar with two different systems. In addition, it would be counter-productive to install a different system that would be converted anyways in the future. The facilities staff who service and maintain the system will need to be trained and current on two types of nurse call systems, and the parts department will have to maintain spare parts for two different nurse call system.

ii. Impact: The fire alarm system in the existing facility is currently Johnson Controls.

Choosing a vendor other than Johnson Controls would not allow the installed devices to communicate with the existing fire alarm network, creating a safety issue.

i. Johnson Controls - C-Cure 9000 System

ii. Impact: The security system currently used in the existing facility is the C-Cure 9000 system. A differently system that other then the C-Cure system would result in a Facility-wide change. The Facility currently has a software support agreement with Johnson Controls for this system.

ii. Impact: Iron Mountain VAMC has an existing campus wide BMS system that was installed by Siemens licensed installer (Energy Control and Design in this region) and is currently under a maintenance contract with Energy Control and Design. The integration to the software must be completed by a Siemens installer. Therefore, the best value to the VA is to contract directly with Energy Control and Design to provide and integrate the building automation and controls.

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 Oscar G. Johnson 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 Oscar G. Johnson 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.

Andre Hanna Date COR/Engineer Oscar G. Johnson 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 $700K): 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: 2021.02.01 14:52:35 -05'00'

John Yallech 189260

Digitally signed by John Yallech 189260 Date: 2021.02.01 18:16:11 -05'00'

Andre R. Hanna 952650

Digitally signed by Andre R.

Hanna 952650 Date: 2021.02.02 07:24:46 -06'00'