P03 AR 13.5 Brand Name Justification Redacted.pdf

Effective Date: 11/15/24 Page 1 of 4

REVISION: 01

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DEPARTMENT OF VETERANS AFFAIRS

BRAND NAME JUSTIFICATION UNDER SIMPLIFIED PROCEDURES FOR CERTAIN COMMERCIAL

ITEMS IN ACCORDANCE WITH FAR 13.5

Acquisition Plan Action ID: 36C257-25-AP-2810

JOFOC: FY25-NCO 17-1245

1. Contracting Activity: Department of Veterans Affairs, VISN 17, VA North Texas Health Care

System, Dallas VA Medical Center (VANTHCS); request Transaction number 549-25-3-5205- 0159.

2. Nature and/or Description of the Action Being Processed: This procurement is for LION BullsEye Fire extinguisher simulation system and associated equipment in accordance with FAR 13.5 Simplified Procedures for Certain Commercial Products and Commercial Services, specifically FAR 13.501 Special Documentation Requirements, where acquisitions conducted under Simplified Acquisition Procedures are exempt from the requirements of FAR Part 6 but still require a justification using the format of FAR 6.303-2. This justification is for Brand Name Only LION BullsEye Fire extinguisher simulation system and the action is a new requirement anticipated to be awarded as a firm-fixed price contract.

3. Description of Supplies/Services Required to Meet the Agency’s Needs: The VANTHCS requires a LION BullsEye portable hands-on fire extinguisher training system. The system will be used for training to meet regulatory requirements of the Occupational Safety and Health Administration (OSHA) by conducting hands-on training (for employees) with actual “working” (simulated) fire extinguishers, fire alarm pull station, and burn source.

Additionally, the LION BullsEye unit is currently in use at VANTHCS sites and the additional system will allow for system compatablity throughout the VANTHCS and ensure employee trainees have the same experience no matter which section/service or campus they work.

The estimated value is $45,440.48.

4. Statutory Authority Permitting Restricted Competition:

FAR 13.5 Simplified Procedures for Certain Commercial Items. The statutory authority for applying the Simplified Procedures for Commercial Items of FAR 13.5 is 41 U.S.C. § 1901 and is implemented by FAR 13.106-1(b)(2) for restricting competition on this procurement. Competition is restricted on this procurement for the reason below:

( X ) Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements (BRAND NAME)

( ) Unusual and Compelling Urgency ( ) Industrial Mobilization, Engineering, Developmental or Research Capability or

Expert Services ( ) International Agreement ( ) Authorized or Required by Statute ( ) National Security

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( ) Public Interest

5. Demonstration that the Contractor’s Unique Qualifications or Nature of the Acquisition

Requires the Use of the Authority Cited Above (applicability of authority): LION is the sole manufacturer for the fully-portable BullsEye™ system. The BullsEye represents the latest advancement in fire training technology and is the only hands-on fire extinguisher training systems using self-generating digital flames which respond directly to the trainee's actions.

The LION BullsEye uses a proprietary laser-based training extinguishers allowing users interact dynamically with the digital fire. This laser allows the system to identify the correct or improper technique used by the trainee and adjusts the flames accordingly. Flames can diminish, grow gradually or even reignite. The system does not use a pre-recorded fire sequence, instead, every digital fire is unique and dynamic. If the user utilizes the correct technique, aiming and sweeping at the base of the fire, the flames will be extinguished.

The BullsEye also measures a trainee on his or her performance, and offers a time-to-extinguish score for each trainee. The BullsEye uses patented technology for its realistic digital flames and its ability to sense the trainee’s actions. The United States patent number is 7,748,983.

Additionally, the VANTHCS currently maintains another LION BullsEye system. It would be cost prohibitive to procure a system that is not compatible to systems already in use throughout the VANTHCS area. The cost estimate for purchase of a different, non compatible brand, to include replacement of existing equipment so that all components are compatible and ensure a consisten training experience is difficult to assess, as there are no truly comparable systems that offer all the same components.

• offers a virtual reality training system for approx. $32,000.00 (for 4 units). However, being “virtual”, it does not give the trainee the “hands-on” aspect of handling a realistic fire extinguisher (through each PASS step), feeling the pressure necessary to deploy an alarm pull, etc. Additional drawbacks include vendor support for only one year post-sale. There is also the concern that due to the wireless nature of the system, it would not be operable in areas that have unstable or nonexistent wifi access (prevalent in some areas of the facilities). In a classroom of 60 trainees, no one would have benefit of watching those that go before for added comprehension and training.

• offered pricing (2 suppliers) on the Pyrosoft Firebird Fire Simulator System, equipment that is similar to the LION system (with screen depicting fire simulation and an actual life-size fire extinguisher component to handle). However, the pricing is significantly higher. The purchase of 2 new and replacing 2 existing systems is $95,200.00 - $110,340.00; and this is strictly for the extinguisher and screen components. It does not include the “R.A.C.E. Station” (fire pull, annunciator and extinguisher mounted on stationary tripods to simulate wall-mounted equipment). The Pyrosoft screen is a projector type of soft material and would be

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subjected easily to wear and tear that the hard screen/stainless steel LION unit would not.

6. Description of Efforts Made to ensure that offers are solicited from as many potential sources as deemed practicable: Market research has been conducted and it has been determined that multiple vendors are capable of providing the brand name equipment. No further additional market research was conducted for equal items as no equal item would be sufficient in fulfilling the requirement as described above.

7. Determination by the CO that the Anticipated Cost to the Government will be Fair and Reasonable: It is expected that multiple quotes will be received for the brand name equipment, thus providing comparison of prices to determine price fair and reasonable in accordance with FAR 13.106-3(a)(1).

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

Reasons Market Research Was Not Conducted: Similar to section six above, market research was conducted and determined that multiple vendors are capable of providing the brand name equipment and subscription service.

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

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

Firm 1: Black Box Safety, Inc. (SDVOSB) 1899 Gillespie Way

El Cajon, CA 92020

UEI: FRK5MJD35GN5

Firm 2: BHPE LLC. (SDVOSB) S Spring Lane Blanchard, OK 73030

UEI: UPDJHPJUYQ71

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: At the time a training system is required, the system compatibility and requirements will be redetermined. If any changes occur, the procurement method may then provide for full and open competition as warranted.

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.

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

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

Donald D Smith Contracting Officer