P03-JA Legionella Domestic Water_ With Tracking Number_Redacted_FE.pdf

Part 806.3 Other Than Full and Open Competition (OFOC) Request for Sole Source Justification < SAT

Rev: 13 Effective Date: 02/01/22 Page 1 of 3

DEPARTMENT OF VETERANS AFFAIRS

Justification and Approval (J&A) For

Other Than Full and Open Competition (Brand Name)

Project: 436-24-102 Legionella Domestic Water

Acquisition Plan Action ID: 36C259-23-AP-0761 RPOW Tracking #: 2023-04-05T06:50:45

1. Contracting Activity: Department of Veterans Affairs, Network Contracting office (NCO) 19, Construction Contracting Team, 6162 South Willow Drive, Suite 300, Greenwood Village, CO 80111, on behalf of the Fort Harrison VAMC located at 3687 Veterans Drive, Ft. Harrison, MT 59636.

2. Nature and/or Description of the Action Being Processed: This is the application for brand name justification of particular products by Armstrong which does not provide for full and open competition. These products are vital to the project success due to compatibility and functionality.

These items are part of the Armstrong RADA series. These products are included in a new firm fixed price Total Service-Disabled Veteran Owned Small Business set aside for the 436-24-102 Legionella Domestic Water project at the Miles City VA Community Living Center.

3. Description of Supplies/Services Required to Meet the Agency’s Needs: The following items are identified for this sole source brand name procurement:

Armstrong RADA digital sink faucets (model MS1 4OUS) – Quantity 38 Armstrong shower controls (model DMV2) – Quantity 13 Armstrong Gamma/X-pump 1602 (M-03) – Quantity 1

Site History and Need: Legionella mitigation efforts for this facility include several modifications and oversite monitoring to the hot and cold-water system to prevent contamination including:

Double check valve back flow preventors (4) to prevent contamination of the water source.

Installation of Water Quality Monitoring System (1) to monitor the water quality. The chlorine process management device requires a 110 electrical circuit to the unit for low voltage.

Installation of Water Temp. Monitoring System (4) to measure the water temperature which will help alleviate Legionella in the system.

Installation of (38) Armstrong RADA Digital sink Faucets model MX1 40US at the locations indicated in the attached plans to prevent standing water. Each sink requires a 110 electrical circuit to the low voltage transformer located at the faucet.

The installation of (13) Armstrong shower controls- model DMV 2 also to prevent standing water. Each shower requires a 110 electrical circuit to the low voltage transformer located at the shower.

The installation of an Armstrong Gamma/X pump-1602, (2), see detail M-03, (10). The Gamma/X pump has an existing 110 electrical circuit near this location.

Effective Date: 02/01/22 Page 2 of 3

4. Statutory Authority Permitting Other than Full and Open Competition:

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;

5. Demonstration that the Contractor’s Unique Qualifications or Nature of the Acquisition Requires the Use of the Authority Cited Above (applicability of authority): The Armstrong Rada digital faucets are a proprietary mechanism for dispensing domestic water at inpatient service locations and other locations to combat legionella from forming in the water systems. This is accomplished by a digital control mechanism that cycle water containing chlorine though the faucet that removes legionella. The programming of these faucets is proprietary and was developed at the Fort Harrison VA along with the BAS (building automation system) contractor. This programming has not been accomplished before and only functions with Armstrong Rada digital faucets and the in house Schneider Electric BAS . A Service contract is in place that is used to maintain the programming, data collection and water conservation features of the system. Other branded features include - variable frequency faucet use exercise; Remote data collection and operation to Miles City, Montana; communications to water analyzation system;

industrial hygienist is trained in system operation.

This Armstrong Rada digital faucet apparatus is at the forefront of the Fort Harrison VA struggle with eliminating Legionella. Because of the dubious nature of water born legionella remediation, efforts are custom made for the circumstances at the site with branded parts that need custom programing to function together as a system which includes the Armstrong Rada digital faucets.

6. Description of Efforts Made to ensure that offers are solicited from as many potential sources as deemed practicable: The project will be solicited as an open market requirement on SAM.gov as a set aside for a SDVOSB with the brand name materials identified in the SOW. Armstrong products are available from a number of distributors and not just the manufacturer.

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

Reasonable: All offered pricing will be reviewed by the CO and Contracting Officer’s Representative (COR) upon receipt of the Request for Proposal, comparison to the Independent Government Estimate (IGE) and any necessary negotiated adjustments.

8. Description of the Market Research Conducted and the Results, or a Statement of the Reasons Market Research Was Not Conducted: No equal products will satisfy the essential nature of this Government requirement, thereby precluding considerations of products manufactured by another company.

9. Any Other Facts Supporting the Use of Other than Full and Open Competition: Based on knowledge of other VISN 19 Legionella projects, the products provided by Armstrong are new technology that provides water quality of a higher standard than other brands. One example is contract 36C25921C0109 where other products were used because this technology did not exist at the time of contract award. The products used on this contract are now being replaced with similar Armstrong RADA products because the ones previously installed are failing on a regular basis.

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

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: These

Effective Date: 02/01/22 Page 3 of 3 products are vital to this Government requirement. As technology improves, more companies will likely make the same types of advances in their products eliminating the need to sole source. This office will continue market research efforts on future actions with similar requirements to ensure we are not sole sourcing unnecessarily.

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: Wayne Delzer Date Title: Energy Engineer Facility: Ft. Harrison VAMC

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.

Name: Ilze Karklins-Powers Date Title: Contracting Officer Facility: NCO 19 Construction

WAYNE

DELZER

Digitally signed by

WAYNE DELZER

Date: 2023.04.25 12:52:44 -06'00'

Ilze J. Karklins-Powers 383167

Digitally signed by Ilze J. Karklins- Powers 383167 Date: 2023.04.25 13:06:31 -06'00'