Brand Name Only J A PM Part806 Atch2 FAR6 JA Hilti Firestopping (002).pdf

VHAPM Part 806.3 Other Than Full and Open Competition (OFOC) SOP Attachment 2: Request for Sole Source Justification Format >SAT

OFOC SOP Revision 09 Page 1 of 3 Original Date: 03/22/11 Revision 09 Date: 04/17/2020

DEPARTMENT OF VETERANS AFFAIRS

Justification and Approval (J&A) For

Other Than Full and Open Competition

**NOTE FOR USER: TEXT IN RED ARE INSTRUCTIONS AND SAMPLE LANGUAGE ONLY AND SHOULD BE

REMOVED FROM THE TEMPLATE BEFORE SUBMITTING FOR APPROVAL.

Acquisition Plan Action ID: 36C250‐20‐AP‐3772 /553‐21‐4‐3508‐0061

1. Contracting Activity: Department of Veterans Affairs, VISN 10, JDD VA Medical Center, Station

553, will be the Contracting agency responsible for the contracting action associated with purchase request 553‐21‐4‐3508‐0061.

2. Nature and/or Description of the Action Being Processed: VA Detroit Medical Center is requesting the use of Hilti firestopping products during construction of the facility NRM project 553‐21‐706

DDPO.

3. Description of Supplies/Services Required to Meet the Agency’s Needs: The project requires installation of Hilti firestopping products during construction. The estimated value is $300.00. Hilti firestopping products are the only product approved for installation in the John D. Dingell VA Medical.

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;

( ) (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): This project will require installation of Hilti firestopping products for the new area. Hilti firestopping is currently the only and standard firestopping product used throughout the John D. Dingell VA Medical Center. Joint Commission has clarified their position that materials used to seal penetrations in fire/smoke barriers must be compatible with each other. In general, this means that materials from different manufacturers are not permitted to be used unless there is documentation to show that the materials are compatible. Incompatible fire prevention materials will put the facility at risk in the event of a fire making this portion of the acquisition essential to the goverments requirements.

Additionally, the in‐house facility staff are trained to recognize and apply the Hilti brand products.

They have been trained to install the different applications as required by the different Hilti compounds.

OFOC SOP Revision 09 Page 2 of 3

6. Description of Efforts Made to ensure that offers are solicited from as many potential sources as deemed practicable: N/A

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

Reasonable: Include a statement by the CO that the anticipated cost will be considered fair and reasonable and provide the basis for this determination. The steps that will be taken to ensure the final contract price will be fair and reasonable are also described here. Describe the extent of cost or price analysis anticipated including the requirements for certified cost or pricing data, technical evaluations, and audits (FAR 6.303‐2(b)(7)).

8. Description of the Market Research Conducted and the Results, or a Statement of the Reasons

Market Research Was Not Conducted: The John D. Dingell VA Medical Center would not like to introduce a new different Firestopping product.

9. Any Other Facts Supporting the Use of Other than Full and Open Competition: All supporting information is provided in the comments above.

10. 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: This is a Joint Commission requirement, no further action is needed.

11. 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.

(This signature is the requestor’s supervisor, fund control point official, chief of service, someone with responsibility and accountability)

Name: Robert Peters Date: 7/22/21 Title: Asst. Chief, FMS Facility: Detroit VA

12. Approvals in accordance with the VHAPM Part 806.3 OFOC SOP: This part if filled out by Contracting Staff as part of the Justification

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.

Name Date Title

OFOC SOP Revision 09 Page 3 of 3

Facility

b. One Level Above the Contracting Officer (Required over SAT but not exceeding $700K): I certify the justification meets requirements for other than full and open competition.

Name Date NCO/PCO XX Duty Title

Facility