P03 JOFOC FINAL - C30264.pdf

Attachment 7: Request for Sole Source Justification Format >SAT Requirement: ATS and SCADA System Repair (Emergency)

Acquisition Plan: 36C248-23-AP-4604

VHAPG Part 806.3 OFOC Page 1 of 4 Revision: 01 Effective Date: 04/01/23

DEPARTMENT OF VETERANS AFFAIRS

Justification and Approval (J&A) For

Other Than Full and Open Competition (>SAT)

Acquisition Plan Action ID: 36C348-23-AP-4604

1. Contracting Activity:

Department of Veterans Affairs, Network Contracting Office (NCO) 8, 8875 Hidden River Pkwy., Tampa, FL 33637, in support of the James A. Haley Veterans’ Hospital (JAHVH) at 13,000 Bruce B. Downs Blvd., Tampa, FL 33612 ; 2237# 673-23-3-6049-0068

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

The James A. Haley Veterans’ Hospital (JAHVH) Facilities Management Service (FMS), Maintenance and Operations Team, has an urgent and compelling need for emergency repairs to include replacement of five (5) Automatic Transfer Switches (ATS) and current SCADA hardware and software in Bldg. 38, Spinal Cord Injury.

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

The Contractor shall provide personnel, supervision, furnish all labor, transportation, materials, tools, and services necessary to complete emergency repairs by replacing Five (5) failing Automatic Transfer Switches (ATS) in BLDG. 38 Emergency Switchgear Room, along with adding a new Supervisory Control and Data Acquisition (SCADA) to each new ATS that is being replaced. For the SCADA System to function properly, the contractor must install a new SCADA system to communicate with the current SCADA system inside the Master cubicle with operator interface panels and existing instrumentation. The Contractor must also Replace three (3) Operating Interface panels (OIP) at the Central Energy Plant (CEP), so the entire SCADA and control system is current and running on the same operating system for the entire JAHVH campus.

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

( ) (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.

(X) (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.

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( ) (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):

The Maintenance and Operations Team along with the Russelectric Field Service Engineer have indicated that the communication from the current ATS’s for the SCADA monitoring is no longer functioning since the remote components on the ATS is failing. The SCADA portion is for control and monitoring of the remote equipment such as the ATS. In this unique case at JAHVH, the information is not available back to the Central Energy Plant (CEP) for the operators to review real-time. The current ATS’s are very old/obsolete, and replacement parts are no longer available; the maintenance and operations team is currently providing additional manning to monitor the system 24/7 due to ATS and/or SCADA monitoring being inoperable, causing a need for available staff to manually turn the system on if there's a loss of power to bldg. 38. Without a properly operating ATS and SCADA System, the JAHVH may lose electrical power for the entire Spinal Cord Injury building, thus making this a high risk and cause a devastating effect to patient care, while also putting the current emergency control system in jeopardy after millions of dollars have been invested to have this custom-built system in place at JAHVH.

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

The Emergency control system manufactured by Siemens Industry, lnc. dba Russelectric at JAHVH is a custom-built system. Siemens Industry, lnc. dba Russelectric, maintains a staff of factory employed and fully trained field service engineers that are qualified to perform annual inspections, maintenance, repairs and necessary enhancements and upgrades. There are no third-party service organizations that have the expertise, experience, and record documentation to enable them to fully support a complex specialty system of this type. Any maintenance or modification work performed on the Russelectric emergency control system by third parties will not be documented at Siemens Industry, Inc. dba Russelectric, A Siemens Business and will prevent Siemens Industry, lnc. dba Russelectric from providing competent emergency service when required.

Installation services will be required as part of this emergency repair at JAHVH. Delgado Electric, Inc. is a recommended electrical contractor who is already familiar with the Russelectric custom built system that is currently in place at JAHVH. Delgado Electric, Inc.

has provided numerous installations of Russelectric products in the past and has met or exceeded Siemens Industry, lnc. dba Russelectric expectation upon completion of installation services (Sole Source Letter in eCMS Briefcase).

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

Reasonable:

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The estimated cost for the ATS and SCADA System Replacement is $273,502.08. The CO determined the anticipated cost to the government will be Fair and reasonable based on a comparison of similar items that have been procured within both VHA and the Federal Government. The CO was able to confirm that multiple VA Medical Centers across the United States have procured/awarded similar installation services that JAHVH is requesting.

On 8/2/2007, Syracuse VAMC (eCMS Award # VA528P0218) supplied and replaced four (4) ATS's in the amount of $441,790.00. On 4/6/2009, Buffalo VAMC (eCMS Award # VA528C0543) installed multiple ATS's in the amount of $293,480.00. On 3/29/2017, VISN 2 (eCMS Award # VA24217C0066) replaced and installed Russelectric ATS's in the amount of $600,000.00. With current supply chain issues, and with rise of labor costs within the current U.S. economy, these three (3) VA Medical Centers offer comparable cost data to use as part of the final fair and reasonable price determination with this emergency procurement.

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

Limited market research was conducted due to the urgency and proprietary nature of the requirement. This agency is committed to the competitive spirit of all procurement regulations. It is our policy to seek full and open competition to the largest extent possible while fulfilling the necessary requirements. The proprietary nature of this equipment restricts other vendors from being able to provide support.

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

As indicated above, there are no third-party service organizations that have the expertise, experience, and record documentation to enable them to fully support a complex specialty system of this type. Any maintenance or modification work performed on the Russelectric emergency control system by third parties will not be documented at Siemens Industry, Inc.

dba Russelectric, A Siemens Business and will prevent Siemens Industry, lnc. dba Russelectric from providing competent emergency service when required.

As installation services will be required as part of this emergency replacement at JAHVH, Delgado Electric, Inc. is a recommended electrical contractor who is already familiar with the Russelectric custom built system that is currently in place at JAHVH. Delgado Electric, Inc. has provided numerous installations of Russelectric products in the past and has met or exceeded Siemens Industry, lnc. dba Russelectric expectation upon completion of installation services (Sole Source Letter in eCMS Briefcase).

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

None, as limited market research was conducted due to the urgency and proprietary nature of this emergency service request.

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:

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VHA is committed to the competitive spirit of all procurement regulations. It is our policy to seek full and open competition to the largest extent possible while fulfilling the necessary requirements. Currently there is no anticipated competition for the custom-built emergency control system by Russelectric during urgent and compelling situations.

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.

Juan R. Guzman-Camacho Supervisor General Engineer James A. Haley Veterans’ Hospital (JAHVH)

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.

Jose E. Ortiz-Velez Contracting Officer NCO 8 - Tampa Services Team

b. One Level Above the Contracting Officer (Required over SAT but not exceeding $750K): I certify the justification meets requirements for other than full and open competition.

Steven P. Scharlow Branch Chief

NCO 8 - Tampa Services Team https://dvagov.sharepoint.com/sites/VHAProcurement/VHAPM/VHAPM_Part_806.3.aspx