P03 36C242-22-AP-2067 Final-2.pdf

VHAPM Part 806.3 Other Than Full and Open Competition (OFOC) SOP Attachment 5: Request for Sole Source Justification Format >SAT

36C242-22-AP-2067

OFOC SOP Revision 11 Page 1 of 6 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:______ 36C242-22-AP-2067_____________________________________

1. Contracting Activity: : Department of Veterans Affairs, Network/Program Contracting Office 02, located at 2875 Union Road, Suite 3500 Cheektowaga NY 14227, in support of Buffalo VA Medical Center 3495 Bailey Avenue Buffalo NY 14215.

2237 # 528-22-4-4192-0045

2. Nature and/or Description of the Action Being Processed: This is a request for other than full and open competition for the procurement to upgrade the Buffalo VA Medical Center’s Fire Alarm Control Panel (FACP) and Voice Evacuation Messaging system in Buildings 1 and 6 to the Johnson Controls 4100ES system. The proposed open market purchase order shall be provided by JOHNSON CONTROLS, INC., 507 E MICHIGAN ST M-93, MILWAUKEE, WI 53202-5202. The upgrade shall include all necessary parts, installation, testing and training of facility personnel to operate and maintain the upgraded system for a consideration of $ .

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

This requirement is for the upgrade of Buffalo VA Medical Center’s FACP and Voice Evacuation Messaging system in Buildings 1 and 6 to the Johnson Controls 4100ES system. Installation, system cerification, functional system certification and intelligibility testing, and necessary training of facility personnel to operate and maintain the upgraded system shall be performed by properly trained Johnson Controls technicians.

This upgrade of the Buffalo VAMC’s FACP and Voice Evacuation Messaging system to include the completion of all testing and training requirements shall be completed within 365 days for award for a consideration of $ with an estimated award date of 09/15/2022.

36C242-22-AP-2067

OFOC SOP Revision 11 Page 5 of 6 Original Date: 03/22/11 Revision 11 Date: 02/11/2021

As the requirements to upgrade the FACP and Voice Evacuation Messaging Systems at each comparison locations are based on the existing site conditions and needs unique to each location, it is difficult to make direct comparisons between locations. As the sample quotes are for upgrade projects of similar scope and magnitude for medical facilities it is possible to determine a price range for an upgrade project of this scale. The quote provided for FACP and Voice Evacuation Messaging Systems at the Buffalo VA Medical Center at $ falls within the price range of the sample quotes provided it can be determined as fair and reasonable.

8. Description of the Market Research Conducted and the Results, or a Statement of the Reasons Market Research Was Not Conducted:

A VIP search using NAICs code 334290 and keywords “Johnson Controls Inc.” identified eleven (11) vendors who could possibly fulfill this procurement. After a review of the vendor profiles, it was determined that none of the vendors could provide and install the required equipment.

A GSA eLibrary search using keywords “Johnson Controls Inc.” identified that Johnson Controls Inc.

does have a GSA contracts, however they do not have line items that could meet the requirements of this procurement.

A search of SBA QMR tool using NAICs code 334290 and keyword “Johnson Controls Inc.” did not identify any vendors who could possibly fulfill this procurement.

A search of Google.com using keywords “Johnson Controls 4100es system installation” did not identify any vendors who could possibly fulfill this procurement other than Johnson Controls Inc.

An intent to sole source notice (36C24222Q0822) was posted on beta.sam.gov from 06-09-2022 through 07-11-2022 and received zero (0) responses.

Johnson Controls Inc. provided a sole source memorandum, dated 05/11/3022, pertaining to the patents and copyrights of the Johnson Controls 4100es Fire Protection System.

9. Any Other Facts Supporting the Use of Other than Full and Open Competition: The Buffalo VA Medical Center currently operates a Johnson Controls 4100 series FACP and Voice Evacuation Messaging System. To ensure that all upgraded components are compatible with the existing FACP and Voice Evacuation Messaging System and are installed properly to minimize the impact of the upgrade on facility operations, only Johnson Controls components installed by Johnson Control technicians shall be used.

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

Johnson Controls Inc., Large business

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: None, as the reason for this sole source are patents and copyrights associated with the Johnson Controls 4100ES system.

36C242-22-AP-2067

OFOC SOP Revision 11 Page 6 of 6 Original Date: 03/22/11 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.

Robert Snyder Jr. Date Facility Operations Specialist Buffalo 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.

Michael Spivack Date Contracting Officer NCO 2, Services Team 1

b. One Level Above the Contracting Officer (Required over SAT but not exceeding $750K): I certify the justification meets requirements for other than full and open competition.

Cheryl Brimmer Date Branch Chief NCO 2, Services Team 1

HIGHER LEVEL APPROVAL (Required for orders over $750,000):

c. VHA RPO HCA Review and Approval (over $750,000 to $75 million): I have reviewed the foregoing justification and find it to be complete and accurate to the best of my knowledge and belief and approve for restricting consideration of the Federal Supply Schedule contractors to fewer than the number required by FAR Subpart 8.4.

Joseph P. Maletta DATE Executive Director, SAO East VHA Head of Contracting Activity (HCA)

2022 Aug 09 Robert F Snyder 432882

Digitally signed by Robert F Snyder 432882 Date: 2022.08.09 11:14:10 -04'00'

MICHAEL

A. SPIVACK

336645

Digitally signed by

MICHAEL A.

SPIVACK 336645

Date: 2022.08.09 16:48:35 -04'00'

Cheryl M Brimmer 113171

Digitally signed by Cheryl M Brimmer 113171 Date: 2022.08.10 10:27:47 -04'00'

JOSEPH MALETTA

1347841

Digitally signed by JOSEPH

MALETTA 1347841

Date: 2022.08.10 13:00:02 -04'00'