Justification and Approval - Herman Miller Compass Patient Care Modular System.pdf

VHAPG Part 806.3 OFOC Page 1 of 4 Revision: 02 Effective Date: 11/15/23

DEPARTMENT OF VETERANS AFFAIRS

Justification and Approval (J&A) For

Other Than Full and Open Competition

Project 520-317X: Biloxi Building 1 Renovation – Biloxi, Mississippi Solicitation: 36C10F24R50025

1. Contracting Activity: Department of Veterans Affairs, Office of Construction and Facilities

Management (CFM), Office of Facilities Acquisition (OFA).

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

The VA Office of Construction and Facilities Management intends to award a firm-fixed price contract which will allow for full and open competition for all elements of construction except for the item(s) specifically identified herein. Therefore, this action is a sole source justification for requiring use of the Herman Miller Compass Patient Care Modular System that will be a component of the overall construction project 520-317X: Biloxi Building 1 Renovation.

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

As a part of overall construction, the contractor will be required will be required to supply and install Herman Miller Compass Modular Casework where specified within the drawings and specifications for construction of the Acute Care Inpatient Unit. The estimated total cost of this modular casework and integrated patient service headwall components is which represents % of the total estimated construction value to be awarded. The estimated cost is based on the budgetary estimates provided by Anderson Enginering, May 3, 2019 and escalated based on historical Consumer Price Index (CPI) data. It does not appear tht infrastructure costs are included in the modular casework/head wall estimate. Use of this system will provide a unique infection control engineered and modernized modular casework/head wall system that successfully intregrates all building utility needs for patient care services (i.e. – medical gas, air, and vac) as well as Joint Commission patient safety standards, thereby, enhancing the provision of patient care and customer service for the facility being constructed.

4. Statutory Authority Permitting Other than Full and Open Competition:

The statutory authority permitting other than full and open competition is:

( 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

VHAPG Part 806.3 OFOC Page 2 of 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):

Therefore, as indicated above, only one responsible source and no other supplies or services will satisfy agency requirements and that any other source would likely result in substantial duplication of cost to the Government that is not expected to be recovered through competition and could cause unacceptable delays in fulfilling the agency’s requirements. Herman Miller Compass integrated modular casework system utilizes specialized structural construction to provide both solid long-lasting quality but more importantly mindful infection control design.

For instance, overall unit features include a structural framework of heavy extruded aluminum and cold-rolled steel designed to be a self-supporting unit for above-the-floor mounting. This allows for close wall mounting including a framework with a base plate and overhead structural support providing an off the floor system to ensure patient room terminal cleaning works under the casework system and headwall. Additionally, modular tiles connect with an overlapping shiplap design at all horizontal joints to prohibit moisture from wicking behind tiles to hinder potential mold/infection growth. This overlapping design is unique to Herman Miller construction. Furthermore, Herman Miller uniquely provides an integral backsplash across entire modular work surface constructed out of a continuous solid surface. The solid surface integrated sink system also offers an enclousure material Durawrapped to prevent moisture contamination. With this specialized structural framework, work surfaces and wardrobe cabinets can support up to 200 lbs. These features work together allowing Herman Miller to guarantee a 12-year warranty on the entire Compass system. Based on these salient characteristics offered in Herman Miller’s Compass product, both the VA Interior Designer and Infection Control Specialist recommends this modular casework and integrated head wall system for use in the new inpatient unit construction.

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

Efforts to ensure offers are solicited from as many potential sources as practical will include synopsizing the construction contract as required as FAR Part 5.2. This sole source justification is meant to only allow for specifying brand name for the specific Herman Miller Compass system which will comprise only a very small portion of the construction contract to be awarded. Additionally, as this is a contract furniture item, there are multiple small business and service-disabled veteran-owed small businesses Herman Miller dealers in the region.

Where possible, the construction contract requirements will be tailored to allow full and open competition for all but the specialized modular casework and integrated head wall system with the exception of any other items approved under separate, approved sole source justifications to be included in the solicitation.

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

Reasonable:

The anticipated cost of this proprietary system is expected to be . The costs of providing a full and open bid for an integrated patient care modular system is not available as

VHAPG Part 806.3 OFOC Page 3 of 4 there have been no previous bids requested. The only cost is based on the Anderson budgetary estimate. The result of the expense of the added cost results in the modernization of the healthcare system’s Acute Care inpatient bedrooms as well as increased patient safety measures and enhanced customer satisfaction for our veterans.

Furthermore, the recommendation process and programming of using this modular system was approved during the previous design-build contract under Roy Anderson. During the design process with previous AE and construction team, fair market research practice was employed to review multiple casework products in the healthcare contract furniture market. As the Herman Miller product meets specific Gulf Coast Health Care System needs, the team pressed forward to approved shop drawing completion.

To sole source this construction requirement will provide the Government a cost savings in the field as Resident Engineer Office, Construction Team, and VA staff will not incur delays for additional design work and potential construction change requests when other systems attempt to intregrate into proprietary systems. Therefore, a determination has been made by the Contracting Officer that the anticipated cost to the Government will be fair and reasonable.

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

Reasons Market Research Was Not Conducted:

As the Medical Center has standardized the Herman Miller modular system, requiring a brand name product for seamless integration into the patient care areas, no other vendor can accomplish the need. There are three possible dealers in the area that may be able to supply this item which are:

i) Spaces Group South – Jackson

6311 Ridgewood Road, Suite E102 Jackson, MS 39211 info@spacesgrp.com

ii) Facilities Resource Group, Inc.

6915 Spanish Fort Boulevard Spanish Fort, AL 36527 info@frginteriors.com

iii) Office Innovations, Inc.

834 Wilson Drive, Suite C-2 Ridgeland, MS 39157 david@officeinnovationscorp.com

9. Any Other Facts Supporting the Use of Other than Full and Open Competition:

From a performance and features standpoint, the Herman Miller Compass product is not comparable to standard patient bed service wall providers such as Hill Rom or Amico. Herman Miller’s product provides a unique systems style furniture product coupled with a patient bed service wall system with state-of-the-art infection control and patient comfortability construction.

VHAPG Part 806.3 OFOC Page 4 of 4

Additionally, there are no other competing contract healthcare systems furniture providers on the market that provide a patient bed service product.

10. Listing of Sources that Expressed, in Writing, an Interest in the Acquisition: N/A

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: N/A

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.

Khaled Zaatreh CFM Project Manager

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

Contracting Officer Certification: I certify that the foregoing justification is accurate and complete to the best of my knowledge and belief.

Jason Hardy CFM Contracting Officer

Associate Executive Director (Level Above CO) Certification: I certify that the foregoing justification is accurate and complete to the best of my knowledge and belief.

Zebulon Fox, DBA Associate Executive Director Office of Facilities Acquisition Office of Construction and Facilities Management Department of Veterans Affairs

KHALED

ZAATREH

Digitally signed by

KHALED ZAATREH

Date: 2024.04.09 09:43:32 -05'00'

JASON

HARDY

Digitally signed by JASON

HARDY

Date: 2024.04.09 09:53:14 -05'00'

ZEBULON

FOX

Digitally signed by

ZEBULON FOX

Date: 2024.04.09 14:52:51 -04'00'