Brand Name Justification - Fort Harrison.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) 36C77623B0001, is for the EHRM Infrastructure Upgrades construction project at the Fort Harrison campus of the Montana VA Health Care System

(MVAHCS).

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

This justification is to support the EHRM Infrastructure Upgrades construction project at the Fort Harrison MVAHCS 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 item listed below accommodates standardization of this item throughout the facility.

a. Building Management and HVAC Control System

i. Schneider Electric Building Management and HVAC Control System

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

This procurement is for the EHRM Infrastructure Upgrades construction project at the Fort Harrison MVAHCS. The scope includes everything necessary for this project as described in the Construction Documents (SOW, specifications, drawings, and narrative) to provide a 100% functional and certified product upon completion. There is one brand name item listed for which the VA is not able to accept an equal or alternate item. The value of this item is listed below and the VAAR construction magnitude for the entire project is between $10,000,000 and $20,000,000.

a. Building Management and HVAC Control System

i. Schneider Electric Building Management and HVAC Control System

ii. Value:

iii. Unique Qualifications: The Schneider Electric Building Management and HVAC Control

System is the only product that allows for a single HVAC control system for the Fort Harrison Facility. The existing Schneider Electric Building Management control system is the campus wide building and HVAC control System. The Schneider Electric Components and Field Controller Devices will be monitored and controlled by the facility’s existing Schneider Electric Building Management and HVAC Control 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):

This item has been standardized throughout the Fort Harrison MVAHCS. Installing a different manufacturer’s 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 item is listed below:

a. Building Management and HVAC Control System

i. Schneider Electric Building Management and HVAC Control System

ii. Impact: This product, the Schneider Electric Building Management and HVAC Control

System, is the only product that allows for a single HVAC control system for the Fort Harrison facility. Schneider Electric Building Management and HVAC Control System is the campus wide building and HVAC control System. An alternative or incompatible system would likely require installation of new “front end” equipment and remote workstations as well as new software and programming. Additionally, installation of components that match the existing building automation system minimizes maintenance costs and bench stock requirements. It is necessary to match the existing system to ensure familiarity of the product to the staff and maintenance personnel and that there are no interface problems or impacts to patient safety. This is the only way to ensure complete compatibility and that the campus will not have two HVAC control systems on the Fort Harrison campus.

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 component listed above is 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 item requested to be brand name is approximately

The item for which brand name approval is being requested is a subsequent component 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 item.

Approval of the item as brand name only is critical for the overall efficiency of the completed project and the Fort Harrison MVAHCS, 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 Fort Harrison MVAHCS.

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 item 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 item and to submit a competitive bid 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.

Joseph Bilodeau Date Healthcare Engineer/COR Fort Harrison MVAHCS

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 PCAC

Donald A. Marsh 1489406

Digitally signed by Donald A. Marsh 1489406 Date: 2022.09.07 08:15:29 -04'00'

Joseph H.

Bilodeau 1529458

Digitally signed by Joseph H. Bilodeau 1529458 Date: 2022.09.12 10:48:46 -06'00'