FAR6_JA_OVER_SAT - Notifier - Redacted- APPROVED.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-4121

1. Contracting Activity: Department of Veterans Affairs, VISN 10, Louis Stokes Cleveland VA Medical

Center (VAMC) will enter into a construction contract that requires the procurement of this item which requires justification for other than full and open competition. The 2237 associated with this procurement is 541-22-1-5986-0004.

2. Nature and/or Description of the Action Being Processed: This project is named “Renovate Sleep & Home Oxygen Areas.” This project’s SOW includes all labor, material, equipment and supervision to perform the required construction work on this project. The goal of this project is to consolidate the the Sleep Service’s bed space on the 2nd floor of the facility. In addition this project will completely renovate home oxygen and pulmonary spaces (clinical/offices), to include an enlarged waiting room.

This sole source justification is for the hardware necessary to secure doors located throughout the renovated space.

3. Description of Supplies/Services Required to Meet the Agency’s Needs: The Notifier Fire Alarm System is the current system ensuring fire safety throughout the entire VAMC. This renovation project will require new signal devices and supporting components to be purchased and installed to maintain an acceptable level of fire safety within the renovated space and throughout the VAMC.

Fire safety is critical to running a safe and effective VAMC, as some items used throughout the facility can be flammable. The estimated value of the fire alarm signal devices and supporting components is $

4. Statutory Authority Permitting Other than Full and Open Competition: 41 USC §3304(a)(1), as implemented by FAR 6.302-1.

(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): As mentioned above the Notifier system is critical to safe operation for the VAMC. This system can be classified as a major system in that it affects the entire VAMC, and is highly specialized in that it is the primary system used to keep https://www.acquisition.gov/content/part-6-competition-requirements

OFOC SOP Revision 11 Page 2 of 3

Revision 11 Date: 02/11/2021 the VAMC’s patients and staff safe during a fire emergency. Patient and staff safety concerns remain at the forefront of decisions when selecting fire alarm systems. To add in components from another manufacturer would be extremely disruptive to the VAMC and reduce fire alarm reliability to an unacceptable level and/or void any warranties in place. Furthermore, changing to a different alarm system will result in substantial cost duplication since there is still significant time left in the current system’s life span. The new signals and related components will allow the facility to expand and renovate as required and maintain the ability to meet patient and staff fire safety requirements.

The ability to efficiently, and reliably detect fires in all areas of the VAMC is essential to ensure the VA’s patients, and assets (employees and equipment) are protected. Accordingly, the Notifier components are the only ones capable of meeting the VAMC’s needs without substantial duplication of cost, that would not be offset by creating a competitive environment.

6. Description of Efforts Made to ensure that offers are solicited from as many potential sources as deemed practicable: The overall construction procurement will be competed and synopsized on SAM.gov as a SDOVSB set-aside and will indicate the requirement for brand name specification for Notifier fire alarm components. Since a potential construction contract will be firm fixed price, through a competitive sealed bidding solicitation effort, the bidders are incentivized to locate the supplier that will provide the Notifier components at the most economical price.

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

Reasonable: It is anticipated that two (2) or more bids will be received through the sealed bidding process. If two (2) or more bids are received than the cost of the entire project is likely to be considered fair and reasonable to the VA based on competition.

8. Description of the Market Research Conducted and the Results, or a Statement of the Reasons Market Research Was Not Conducted: The VAMC investigated the service life of the Notifier fire alarm system in a recent solicitation/procurement effort, to determine if it was more cost effective to update the system or replace it. The VAMC determined that the system has significant service life left. Furthermore, as mentioned in Section 5 above, adding components from another manufacturer would reduce system reliability to an unacceptable level. Therefore no market research into competing systems was conducted.

9. Any Other Facts Supporting the Use of Other than Full and Open Competition: The project’s specifications, drawings, and engineering descriptions, could not be made suitable for full and open competition because of the large duplication of cost issue discussed in Section 5 of this document.

10. Listing of Sources that Expressed, in Writing, an Interest in the Acquisition: None as of yet. It is expected that upon the release of the project’s pre-solicitation notice, some SDVOSB construction firms will declare their interest.

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: No ac-tions are planned to overcome barriers to competition, because the VAMC is pleased with the Notifier fire alarm system, and it has enough service life left that, it is more cost effective to not remove barriers to competition for this specific system.

OFOC SOP Revision 11 Page 3 of 3

Revision 11 Date: 02/11/2021

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.

Daniel W. Ramer Date Chief, Architecture and Design Louis Stokes VA Medical Center

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.

Brian S. Kish Date Contracting Officer Network Contracting Office (NCO 10 https://dvagov.sharepoint.com/sites/VHAProcurement/VHAPM/VHAPM_Part_806.3.aspx