ED Eaton JA -APPROVED - Redacted.pdf

OFOC SOP Revision 11 Page 1 of 3 Original Date: 03/22/11 Revision 11 Date: 02/11/2021

DEPARTMENT OF VETERANS AFFAIRS

Justification and Approval (J&A) For

Other Than Full and Open Competition (>SAT)

Acquisition Plan Action ID: 36C250-21-AP-1391

1. Contracting Activity: Department of Veterans Affairs, VISN 10, Chalmers P Wylie VA Ambulatory

Care Center (VAACC), will enter into a construction contract that requires the procurement of this item which requires justification for other than full and open competition. The project request number is 757-21-3-743-0035.

2. Nature and/or Description of the Action Being Processed: The Expand Emergency Distribution Panel project will replace electrical panel boards on the VAACC’s Critical & Life Safety Electrical Circuit that are at capacity, with new panel boards. In addition, the scope of this project also includes providing a means to cool the VAACC’s main elsctrical equipment room. This will be awarded as a new contract. The contract number will be generated if the solicitation effort is successful. The VA plans to award a firm fixed price contract.

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

Electrical Circuit is housed in Eaton electrical panel boxes and managed by Eaton circuit breakers.

The required equipment is: one (1) 400A trip unit (LSIG unit normal and LSI emergency); one (1) 400A MLO panel interior; one (1) 800A MLO panel; and two (2) Electronic trip (ET) breakers – LI units for <150A and LSI for >150A. These panels and breakers are proprietary in nature. The estimated value for the equipment and labor is . This equipment will be purchased and installed as part of a new firm fixed price construction contract. The period of performance for this project is 270 calendar days.

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): Eaton’s equipment is part of the VAACC’s electrical network is currently installed throughout the campus, to include all buildings, thereby making it a major system, and plays a signficant role in managing and maintaining power to the VAACC. This equipment is very specialized in nature in that maintains a key role in safely maintaining and restoring power to sensitive electrical equipment throughout the facility.

Without a wholesale replacement of the VAACC’s electrical power network, the Eaton equipment is

OFOC SOP Revision 11 Page 2 of 3

Revision 11 Date: 02/11/2021 required to ensure dependable power is safely available when it is needed. VA regulations dictate that that facilties must have an adequate and dependable power quickly available, in a safe manner, making this equipment essential to the Government’s requirements. Accordingly, Eaton is the only firm capable of providing the supplies and services described in Section 3 above without the Veteran’s Health Administration experiencing substantial duplication of cost that could not be expected to be recovered through competition.

6. Description of Efforts Made to ensure that offers are solicited from as many potential sources as deemed practicable: A/E Contractor Guidon Design’s plans specifically mention the continued use of Eaton’s equipment. Efforts were not made to solicit from other alternative power electrical equipment manufacturers, because it is Guidon’s expert opinion that utilizing other manufacturer’s equipment would decrease the consistency and reliability of the facility’s alternative power network to an unacceptable level. This, in turn, would cause the patient care provided to our Veterans to suffer. Although this is a proprietary system, there are ample tasks and installations throughout the entire project that can be completed by the SDVOSB contractor that is awarded the contract.

Guidon was determined to be a responsible design firm during the Indefinite Delivery Indefinite Quantity (IDIQ) process.

Market research conducted for this project proved that there is sufficient potential competition among SDVOSB firms in the Electrical Contractor and Other Wiring Installation Contractors NAICS code. Recent procurement history under this NAICS code, for the VAACC, also supports the competitive nature of this procurement of construction services. In addition, the required pre-solicitation notice for the construction procurement was posted to sam.gov, this informs the public and the marketplace of a possible contracting opportunity. The solicitation will also be published to sam.gov. These collective actions are expected to effective in ensuring there is adequate competition for this procurement.

7. Determination by the CO that the Anticipated Cost to the Government will be Fair and Reasonable: To counteract the lack of competition in the acquisition of the Eaton equipment, the entire project will be solicited as an Invitation for Bids (IFB). As stated above, in item 6, there is the potential for adequate competition among SDVOSB firms to ensure fair and reasonable bid pricing will be provided, for the entire project. To confirm fair and reasonable pricing, the IGCE will be compared to the bids received. If unfair and unreasonable pricing is suspected, the CO will request that the Guidon’s price estimator review the bid pricing.

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

Market Research Was Not Conducted: The Expand Emergency Distribution Panel project is projected to be a SDVOSB set aside. The market research for this J&A is for the Eaton equipment and installation only. Pricing for the equipment is by Guidon based upon extensive past experience with sole sourcing electrical requirements for the VAACC. As stated earlier, market research was conducted for the entire project, as required by FAR & VAAR regulations by the Contract Specialist, and in compliance with the VA Rule of Two, will result in a SDVOSB set-aside procurement.

9. Any Other Facts Supporting the Use of Other than Full and Open Competition: We have ensured that most of the project that can be completed by the prime SDVOSB firm that receives contract award and/or other subcontractors that may compete for specialized tasks within the overall project.

OFOC SOP Revision 11 Page 3 of 3

Revision 11 Date: 02/11/2021

10. Listing of Sources that Expressed, in Writing, an Interest in the Acquisition: As of 07-01-2021, Beckwith Services has expressed interest in the project. However the site visit and/or RFI submittal process will provide opportunities to gauge interest in the project.

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: The facility and VISN will continue to look for ways to avoid sole source requirements for electrical infrastructure projects.

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.

Name: Roger Dunifon Date Title: Supervisory General Engineer Facility: Chalmers P. Wylie VAACC

13. Approvals in accordance with the VHAPM Part 806.3 OFOC SOP:

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: Brian S. Kish Date Title: Contracting Officer Facility: NCO 10 Contracting

VHACOSKISHB1

Typewritten Text 07/08/2021