P03-Brand Name Only J-A Hilti -Firestopping-553-19-103 -.pdf

VHAPM Part 806.3 Other Than Full and Open Competition (OFOC) SOP Attachment 2: Request for Sole Source Justification Format >SAT

OFOC SOP Revision 09 Page 1 of 2 Original Date: 03/22/11 Revision 09 Date: 04/17/2020

DEPARTMENT OF VETERANS AFFAIRS

Justification and Approval (J&A) For

Other Than Full and Open Competition

Acquisition Plan Action ID: 36C250-23-AP-3669 / 553-23-4-3508-0051

1. Contracting Activity: Department of Veterans Affairs, VISN 10, JDD VA Medical Center, Station 553, will be the Contracting agency responsible for the contracting action associated with purchase request 553-23-4-3508-0051.

2. Nature and/or Description of the Action Being Processed: VA Detroit Medical Center is requesting the use of Hilti firestopping products during construction of the facility NRM project 553-19-103 Replace Boiler Burner Controls. This will be awarded as a new Firm Fixed Price contract.

3. Description of Supplies/Services Required to Meet the Agency’s Needs: The project requires installation of Hilti firestopping products during construction. The estimated value is $3,500. Hilti firestopping products were installed throughout the John D. Dingell VA Medical. The overall project period of performance is 9 month.

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. Demonstration that the Contractor’s Unique Qualifications or Nature of the Acquisition Requires the Use of the Authority Cited Above (applicability of authority): This project will require installation of Hilti firestopping products for the new area. Hilti firestopping is currently the only and standard firestopping product used throughout the John D.Dingell VA Medical Center. The in-house facility staff is trained to recognize and apply the Hilti brand products. They have been trained to install the different applications as required by the different Hilti compounds. A new product would require involved training and purchase of a new material to stock besides the standard Hilti products. When Mixing Manufacturer’s Products; after a while the firestop material may begin to fall off or chip away. There is no guarantee they will work together during a fire, and fire barriers can become compromised and won't be protected. Each manufacturer has their own set of firestop UL systems that are specific to their products. Accordingly, Hilti hardware is the only firm capable of providing the supplies described in Section III above without the Veteran’s Health Administration experiencing substantial duplication of cost that could not be expected to be recovered through competition and unacceptable delays in fulfilling its requirements.

VHAPM Part 806.3 Other Than Full and Open Competition (OFOC) SOP Attachment 2: Request for Sole Source Justification Format >SAT

OFOC SOP Revision 09 Page 2 of 2 Original Date: 03/22/11 Revision 09 Date: 04/17/2020

6. Description of Efforts Made to ensure that offers are solicited from as many potential sources as deemed practicable: There are no actions or plans to solicit for the referenced supply other than the hardware described in this J&A. This is based on the facts noted in Section 9 of this document.

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

Reasonable: The CO anticipates cost will be considered fair and reasonable based on prior costs of the supply and a technical analysis offered by the COR.

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

Market Research Was Not Conducted: The John D.Dingell VA Medical Center would not like to introduce a new different Firestopping product. As described in Section 6 above, market research, in accordance with FAR Part 10, was conducted by synopsis of the proposed acquisition, advising industry of the pending acquisition and soliciting inquiries from interested parties.

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

Section 5 this supply has been incorporated into the Facility for the past 10 years and substantial duplication/replacement of cost would not be expected to be recovered through competition and cause unacceptable delays in fulfilling its requirements.

10. 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 this time, due to the longevity of the supply incorporated into the Facility, no plans are being made to accommodate full and open competition for replacement of this hardware as noted in Section 9.

11. 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 Peters Date Asst. Chief, FMS Detroit VAMC

12. 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.

RICHMOND L. MCCLOUD Date Contracting Officer VHA Network Contracting Office (NCO) 10

Robert D.

Peters 471483

Digitally signed by Robert D. Peters 471483 Date: 2023.05.03 08:56:35 -04'00'