P03 Brand Name Generator_Redacted.pdf
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- Solicitation number
- 36C24125R0077Solicitation
About this file
This Justification & Approval (J&A) document from the Department of Veterans Affairs details a brand name acquisition for the Boston Healthcare System's West Roxbury Division. The project involves replacing the existing medical center boiler system through a firm-fixed price contract, with a specific focus on procuring a Cummins Diesel Generator. The VA is justifying the sole-source procurement based on standardization and compatibility with existing campus infrastructure, noting that the current campus already has 9 Cummins Diesel Generators and replacing them with a different manufacturer could compromise patient health and safety.
The document highlights that all electricians and HVAC mechanics are trained on the Cummins generator interface, and switching to another manufacturer would require retraining and potentially disrupt emergency electrical system operations. The procurement is being conducted under the statutory authority of "Only One Responsible Source" (41 USC §3304(a)(1)), with the contracting activity being the Department of Veterans Affairs, Veterans Health Administration, Regional Procurement Office East, Network Contracting Office 1 (New England). The acquisition is set for revision 01, with an effective date of 11/15/2024, and has been assigned the Acquisition ID 36C241-24-AP-4454.
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Revision: 01 Effective Date: 11/15/2024 Page 1 of 2 Acquisition ID#: 36C241-24-AP-4454
DEPARTMENT OF VETERANS AFFAIRS
Justification & Approval (J&A) For
Brand Name
Acquisition Plan Action ID: 36C241-24-AP-4454
1. Contracting Activity: Department of Veterans Affairs, Veterans Health Administration, Regional Procurement Office East, Network Contracting Office 1 (New England).
2. Brief Description of Supplies/ Services required and the intended use/Estimated Amount:
Boston Healthcare System, West Roxbury Division has a requirement to replace the existing medical center boiler system. This requirement will be awarded as a firm-fixed price contract. This justification is for the procurement of certain brand name construction materials necessary during this construction project.
The total of the brand name items is approximately
The use of a particular brand name for the items listed below accommodates standardization of these items throughout the campus:
a. Diesel Generator including components
i. Manufacturer - Cummins
ii. Approximate Value:
3. Unique characteristics that limit availability to only one source, with the reason no other supplies or services can be used: These items have been standardized throughout the West Roxbury VAMC. Installing a different manufacturers’ system not compatible with the existing system, in most cases will not function properly, therefore compromising patient health and safety. The specific justifications are listed below:
a) Cummins Diesel Generator - The proposed vendor is the original equipment manufacturer (OEM) for all emergency diesel generators at the West Roxbury campus (currently 9 Cummins Diesel Generators). This equipment has specialized control systems and operating procedures. A single maintenance contract is used for repair & maintenance of all 9 generators to ensure they operate proficiently.
All electricians and HVAC mechanics are trained to operate and troubleshoot the Generator from this interface. Another manufacturer and model would have a different interface and different operating procedures. As a critical part of the emergency electrical system, a different Generator with different operating procedures, troubleshooting procedures and parts would adversely affect direct patient care.
Revision: 01 Effective Date: 11/15/2024 Page 2 of 2 Acquisition ID#: 36C241-24-AP-4454
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. Description of market research conducted and results or statement why it was not conducted: Specific market research was not conducted in association with this request because the brand name products were previously obtained through full and open competition procedures and are now integral parts of existing facility systems. Approval of the items as brand name only is critical for the overall efficiency of the completed project and the entire West Roxbury VAMC facility.
6. Contracting Officer's 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.
Date
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