P03 Brand Name JA-520-22-167 updated 20220919 Redacted.pdf

DEPARTMENT OF VETERANS AFFAIRS

Justification and Approval for Other Than Full and Open Competition

1. Contracting Activity:

Network Contracting Office (NCO) 16 Department of Veterans Affairs, VISN 16, Gulf Coast Veterans Health Care System (GCVHCS), Biloxi, MS. 2237# 520-23-2-7081-0001

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

This justification is to support Project 520-22-167 Upgrade Mechanical Systems, Biloxi VAMC to use certain equipment in the replacement of the cooling tower fill for the three existing Marley cooling towers that sit on top of the chiller plant. The Upgrade Mechanical Systems, Biloxi VAMC project will be awarded as a firm-fixed price contract. This justification is for other than full and open competition for the procurement of certain construction materials and installation. The use of a particular brand name for the items listed below accommodates standardization of these items throughout the facility.

a. Marley OEM fill media to include fill sheets with integral louvers and drift eliminators, stainless steel fill support tubes, and all needed installation hardware

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

This procurement is to upgrade or replace various pieces of equipment that serve the mechanical systems throughout the GCVHCS. This project will be performed at the Biloxi VA Medical Center

(VAMC).

The existing cooling towers have served the Biloxi VAMC since installation in 2011. The fill media for each tower has reached the end of useable life and is in need of replacement to optimize efficiency and ensure operability of the towers. This portion of the project will complete replace the tower fill and all associated components thereof. Upon completion of replacement this will ensure operability of the cooling towers for the foreseeable future.

a. Tower Fill:

i. OEM Marley MX75 Hanging Fill Replacement Kit

ii. Value: $ per piece (Qty. 3 ea.)

iii. Unique Qualifications:

Easily adapted in the field to various air travels and fill heights Bottom supported crossflow film fill design Integral louvers Integral triple-pass eliminators Flame spread rating of 25 or less per ASTM-84 Base Material — polyvinyl chloride (PVC) sheets Material Properties:

Tensile Strength — 6,000 psi (at room temperature) Flexural Modulus — 525,000 psi (meets CTI-STD-136) Specific Gravity — 1.39–1.45 Sheet Spacing — 0.75" Weight per Cubic Foot of Completed Fill Packs — 2.33 lb/ft3 @ 20 mil Heat Transfer Area (Wetted Surface) — 51.2 ft2/ft3 Drift Eliminator Configuration — 3 pass

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 FAR 6.302-1; 41 USC §253(c)(1) ( ) (2) Unusual and Compelling Urgency per FAR 6.302-2;

( ) (3) Industrial Mobilization, Engineering, Developmental or Research Capability or Expert Services per FAR 6.302-3;

( ) (4) International Agreement per FAR 6.302-4 ( ) (5) Authorized or Required by Statute FAR 6.302-5;

( ) (6) National Security per FAR 6.302-6;

( ) (7) Public Interest per FAR 6.302-7;

Demonstration that the Contractor’s Unique Qualifications or Nature of the Acquisition Requires the Use of the Authority Cited Above (applicability of authority):

As the fill media for the existing Marley cooling towers is proprietary, it cannot be procured from any other source than the manufacturer or the manufacturer’s representative.

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

In accordance with the Competition in Contracting Act (CICA), the components listed above are identified as brand name; however, the overall procurement will be competed as a Service-Disabled Veteran-Owned Small-Business (SDVOSB) Set-Aside. This Justification for Other Than Full and Open Competition will be posted to Contract Opportunities with the solicitation.

Determination by the Contracting Officer that the Anticipated Cost to the Government will be Fair and Reasonable:

The anticipated price to the Government for the items requested to be brand name is approximately

The items for which brand name approval is being requested are subsequent components to the overall construction project. This procurement will be competed and based on competition; the Contracting Officer will decide of fair and reasonable pricing prior to award.

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

Market research was not conducted as a competitive procurement process will be used. Competing firms will deliver fair market prices for systems and items listed as all systems are common and use standard off the shelf components. The Contracting Officer and COR were in concurrence with information provided. Approval of the items as brand name only is critical for the overall efficiency of the completed project and the GCVHCS facility.

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

New components must be able to integrate into and operational system. At this time, there are no competing vendors whose products are fully compatible with the existing systems. Other options to complete this requirement would involve the replacement of the cooling tower systems. This option would be disruptive to medical center operations and prohibitively expensive.

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

Not applicable. It is the responsibility of the offerors, and the general contractor awarded the project to locate suppliers and obtain pricing for all materials and components, including the items listed in this justification.

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:

There will be competition for the overall procurement. It will be the responsibility of the offerors to obtain pricing from the suppliers of the items and to submit a competitive proposal for the project.

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.

Andrew C Nix Date Project Manager/COR, Biloxi VA Medical Center

13. Approvals in accordance with FAR 6.304

a. Contracting Officer's Certification (required): I certify that the foregoing justification is accurate and complete to the best of my knowledge and belief.

Beth A. Cook Date Contracting Officer, NCO 16

09/19/2022Andrew C Nix 3542306

Digitally signed by Andrew C Nix 3542306 Date: 2022.09.19 10:54:15 -05'00'

BETH

COOK

Digitally signed by BETH COOK Date: 2022.09.26 15:11:45 -05'00'