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This document contains a justification and approval for other than full and open competition related to a project at the VA East Orange Campus. The project involves corrective work on the boiler plant including replacement of proprietary deaerator, boiler, and control systems. Miller & Chitty Company is the sole authorized local representative for the Cleaver Brooks equipment and must complete this specialized work. The justification cites FAR 6.302-1 for using other than full and open competition as Miller & Chitty is the only company qualified to perform the work due to proprietary system requirements and geographical limitations. The total project cost is estimated between $500,000 to $1 million.

A related solicitation provides additional details on the project scope. Work includes general construction, boiler and control system upgrades by Miller & Chitty, and electrical and facility modifications. The cost range is $1-2 million. Responses are due by an unspecified date with award planned for December 15th. The solicitation number is 36C24220B0062 and will be posted to SAM.gov on October 15th. The project has a service-disabled veteran-owned small business set aside.

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Other files

File Type Posted
S05 REGULATED BUILDING MATERIALS SURVEY REPORT.pdf PDF
36C24220B0062 0003.docx DOCX document
S05 RFIs-36C24220B0062 Responses.pdf PDF
36C24220B0062 0002.docx DOCX document
36C24220B0062 0001.docx DOCX document
36C24220B0062_1.docx DOCX document
S02 Wage Determination.pdf PDF
S02 _SINGLE SPEC Boiler FCA_rev1.pdf PDF
S02 Correct Boiler FCA Deficiencies Drawings - Issued for Bid.pdf PDF

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

OFOC SOP Revision 10 Page 1 of 4 Original Date: 03/22/11 Revision 10 Date: 09/10/2020

DEPARTMENT OF VETERANS AFFAIRS

Justification and Approval (J&A) For

Other Than Full and Open Competition (>SAT)

Acquisition Plan Action ID: 36C242-20-AP-3241

1. Contracting Activity:

Department of Veterans Affairs, VISN 2, James J. Peters Medical Center, 130 West Kingsbridge Rd Bronx, NY 10468

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

The Project#561-18-180 to Correct FCA Deficiencies project involves Mechanical, Electrical, Plumbing, and Structural work as depicted in the project drawings and specifications.

This brand name justification is related only to the existing boilers mechanical parts and the justification comes as a result of a VA East Orange requirement to upgrade / replace certain items specific to their existing Cleaver Brooks high pressure boilers. A Firm-Fixed price construction contract will be procured competitively for project 561-18-180 to Correct FCA Deficiencies, however, the prospective contractor will be required to use the specified brand name and authorized Cleaver Brooks dealer/installer. This purchase will be a turnkey installation by the local authorized Cleaver Brooks Service Representative, including all parts, labor, software and testing.

The local Cleaver-Brooks authorized representative for the area is:

Miller & Chitty Company, Inc.

P.O. Box 256 139 Market Street Kenilworth, NJ 07033

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

The contract documents require a complete turnkey installation for the following specific tasks:

1. PROVIDE NEW DEAERATOR OVERFLOW SYSTEM (REFERENCE FCA DEFICIENCY ITEM NO. 5). THIS

SYSTEM SHALL CONSIST OF THE FOLLOWING NEW ITEMS:

a. MOBREY HYDRATECT 2462 STEAM/WATER DETECTION (LEVEL CONTROL) SYSTEM

CONTROL PANEL.

b. 2”-150# KEYSTONE SERIES 362 HIGH PERFORMANCE (DOUBLE OFFSET) BUTTERFLY VALVE

WITH KEYSTONE K-LOK ACTUATOR.

c. TWO (2) LEVEL CONTROL PROBES AND PIPING INSERTS. NOTE: VERIFICATION OF THE

EXISTING WATER LEVEL INTERNAL STAND PIPE HEIGHT PRIOR TO INSTALLATION OF THE

HIGH ALARM AND OVERFLOW VALVE PROBES ARE INSTALLED.

d. MODIFICATIONS TO THE EXISTING 2” GAUGE GLASS PIPING TO ACCOMMODATE THE

TWO (2) LEVEL CONTROL PROBES.

e. MODIFICATION/REMOVAL OF THE EXISTING OVERFLOW TRAP TO ACCOMMODATE NEW

2” BUTTERFLY VALVE

OFOC SOP Revision 10 Page 2 of 4

Revision 10 Date: 09/10/2020

2. PROVIDE NEW CLEAVER-BROOKS HAWK 4000 BOILER CONTROL SYSTEM (REFERENCE FCA

DEFICIENCY ITEM NO. 6).

a. FOUR (4) CLEAVER-BROOKS HAWK 4000 CONVERSION KITS, ONE FOR EACH EXISTING

BOILER. EACH CONVERSION KIT WILL INCLUDE:

1) CLEAVER-BROOKS HAWK CONTROL PANEL WITH 10” COLOR SCREEN MOUNTED

IN ENCLOSURE.

2) BOILER ENTRANCE PANEL

3) CB-780E FLAME SAFEGUARD CONTROL.

4) CURRENT SENSORS FOR BLOWER AND COMPRESSOR MOTORS.

5) 120 VOLT UNINTERRUPTABLE POWER SUPPLY (UPS) PANEL.

6) SERVO MOTORS FOR NATURAL GAS, NO. 2 FUEL OIL FGR AND AIR DAMPER.

7) CLEAVER-BROOKS INTEGRATED OXYGEN TRIM PACKAGE CONSISTING OF HIGH

AND LOW GAS PRESSURE SWITCHES; (5) PORT ETHERNET HUB; EXPANDED

ANNUNCIATION, TRANSMITTER FOR STEAM PRESSURE, FLUE GAS AND

AMBIENT AIR TEMPERATURE TRANSMITTERS.

b. ONE (1) CLEAVER-BROOKS MASTER PANEL FOR FOUR (4) BOILERS.

c. BOILER CONTROL CONVERSION ALSO INCLUDES THE FOLLOWING:

1) NEW OIL TRAIN; OIL VALVES; OIL ACCUMULATOR; PRESSURE GAGES; HIGH- AND

LOW-PRESSURE CONTROL WITH TEST CONNECTIONS AND OIL METER WITH 4-

20ma OUTPUT.

d. PROGRAMMING THE 4000 CONTROLS AND MASTER PANEL

3. MODIFY EACH BOILER’S NATURAL GAS FUEL TRAIN.

a. REMOVE EXISTING AND PROVIDE NEW NATURAL GAS REGULATOR TO EACH OF THE (4)

FOUR EXISTING 600 HP BOILER GAS TRAINS. NEW GAS REGULATORS SHALL BE 3”-150#

RAISED FACE FLANGED CONNECTIONS, FISHER 1098-EGR REGULATOR DUAL PILOT,

CARBON STEEL BODY, 416 SST PLUG AND SEAT RING, SIZE 70 ACTUATOR, 0-20 PSIG

SPRING RANGE. FISHER Y600AM REGULATOR PILOT, ¾” NPT CONNECTION, CAST IRON,

15” WC - 1.2 PSIG SPRING RANGE. FISHER 6352 REGULATOR PILOT, ALUMINUM, 14” WC

- 2 PSIG SPRING RANGE. P594-1 FILTER, STANDARD GAIN. NEW REGULATORS WILL BE

TESTED AND COMBUSTION RESET (REFERENCE FCA DEFICIENCY ITEM NO. 7).

b. MODIFY PROOF OF CLOSURE (POC) CONNECTION LOCATED BETWEEN THE TWO (2)

EXISTING MAXON AUTOMATIC GAS SHUT-OFF VALVES. PROVIDE NEW ELECTRICAL

ACCESS BOX AND REMOVE WIRING FROM EXISTING VALVE ACTUATORS RELATED TO

PROOF OF CLOSURE. RELOCATE VALVE WIRING IN A MORE ACCESSIBLE ELECTRICAL BOX.

BOX WILL BE LABELED AS GAS POC TESTING.

4. MODIFY EACH BOILER’S NO. 2 FUEL OIL TRAIN.

a. REMOVE WIRING FROM OIL VALVES RELATED TO PROOF OF CLOSURE. RELOCATE VALVE

WIRING IN A MORE ACCESSIBLE ELECTRICAL BOX. BOX WILL BE LABELED AS OIL POC

TESTING.

5. PROVIDE REPLACEMENT BOILER ATOMIZING AIR PRESSURE COMPONENTS.

a. PROVIDE FOUR (4) ATOMIZING PRESSURE SWITCHES.

b. PROVIDE FOUR (4) LOCKING ¼” BALL VALVES.

c. PROVIDE FOUR (4) ¼” BALL VALVES.

The magnitude of the above work is between $500,000 and $1,000,000.

OFOC SOP Revision 10 Page 3 of 4

Revision 10 Date: 09/10/2020

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):

Because high pressure boilers are very expensive, complicated, and highly specialized pieces of equipment with numerous safety and warranty concerns, any modifications to the boiler equipment must be designed and specified in close cooperation with the boiler manufacturer.

The specific work planned for this project is such that it must be performed by the manufacturer’s local authorized service representative. Because the boiler manufacturer, Cleaver Brooks, selects a limited number of companies to serve as factory authorized service representatives, and these representatives are limited to working within specific geographical territories, there is only one available local authorized service representative able to perform the work under this contract.

Miller & Chitty Company, Inc. is the only local service representative authorized by the boiler manufacturer, Cleaver Brooks.

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

There is only one local service provider authorized by the manufacturer to perform the work specific to the boilers as specified under this contract. As described above, the specific work planned for this project is such that it must be performed by the manufacturer’s local authorized service representative.

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

The contracting officer will determine any prices received as fair and reasonable in accordance with FAR 15.404-1 (b)(2)(v) before award of any contract.

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

Market Research Was Not Conducted:

There is only one local service provider authorized by the manufacturer to perform the work specified under this contract. No further market research was conducted.

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: None

OFOC SOP Revision 10 Page 4 of 4

Revision 10 Date: 09/10/2020

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:

As described above, this requirement is to upgrade / replace certain items specific to their existing high Cleaver Brooks pressure boilers. This purchase will be a turnkey installation by the local authorized Cleaver Brooks service representative, including all parts, labor, software, and testing.

Currently there are no plans to change the existing high Cleaver Brooks pressure boilers. It would be very costly to change the current major facility infrastructure. This proposed action is the least costly method considering both infrastructure and administrative cost.

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.

Name Date Title

13. 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.

Phillip Kang Date Title: Contracting Officer

b. One Level Above the Contracting Officer (Required over SAT but not exceeding $700K): I certify the justification meets requirements for other than full and open competition.

Christina Katz Date

NCO 2 Construction 1 Branch Chief http://vaww.pclo.infoshare.va.gov/PMWeb/VHAPM_Part_806.3.aspx VHABRXKangP Typewritten Text 09/22/2020

VHABRXKangP Typewritten Text 09/22/2020

2020-09-22T08:31:34-0400
Michael M Bassily 208762
2020-09-22T08:56:10-0400
PHILLIP D KANG 338076
2020-09-22T09:06:28-0400
CHRISTINA M KATZ 174111

File details come from the government source that posted it. Updated .