P03-Brand Name Only J-A Siemens -HVAC controls- 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 Endineering is requesting the use of Siemens Industry, Inc. for HVAC control installation during construction of the facility NRM project 553-19-103 Replace Boiler Burner Controls.

3. Description of Supplies/Services Required to Meet the Agency’s Needs: The project requires installation of Siemens Industry, Inc. during construction for HVAC control installation. The estimated value is $88,650. Siemens Industry, Inc. is the HVAC controls company that holds the maintenance contract for proprietary equipment throughout the John D. Dingell VA Medical Center.

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 replace and upgrade older HVAC components to enhance the efficiency and programming of controls for the new area. This would keep consistency of the HVAC operating system to remain current with VA requirements for energy conservation and cost savings. The existing HVAC system is comprised of Siemens equipment including the Building Management and monitoring system. Use of an alternate control system or vendor would require the stocking of different types of equipment that are incompatible with the current operating system. This would pose a potential risk of inoperable system control, downtime and cost to the facility. Accordingly, Yale 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 HVAC control system 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 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 the 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 08:55:07 -04'00'