S02 - ATTACHMENT 17 - Brand Name Justification - Redacted.pdf

OFOC SOP Revision 10 Page 1 of 5 Original Date: 03/22/11 Revision 10 Date: 09/10/2020

DEPARTMENT OF VETERANS AFFAIRS

Justification and Approval

For Other Than Full and Open Competition

1. Contracting Activity:

Veteran’s Health Administration (VHA), Program Contracting Activity Central (PCAC), Department of Veterans Affairs, VISN 12 Captain James A. Lovell FHCC Project # 556-21-701 West Campus

2. Description of Action Being Processed:

This justification is to support the EHRM Infrastructure Upgrades Construction project at the Captain James A. Lovell FHCC, this justification is for other than full and open competition for the procurement of certain construction materials. The use of a particular brand name for the items listed below accommodates standardization of these items throughout the facility.

a. Door Lock system:

i. Best Access systems

b. Temperature Controls:

i. Johnson Controls

c. Fire Alarm System:

i. Johnson Control Systems

d. Nurse Call System:

i. ASCOM Systems

e. Access Controls:

i. Lenel Systems

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

This procurement is for the expansion of the EHRM Infrastructure Upgrades Construction project at the Captain James A. Lovell FHCC. The scope includes everything necessary to construct a functional building that meets the requirements of the Department of Veterans Affairs. There are four (4) brand name items listed below for which the VA is not able to accept equal or alternate items. The value of these items is listed below and the VAAR Construction magnitude for the entire projects is between $20,000,000 and $50,000,000.00.

a. Door Lock Cylinders:

ii. Best Access System

iii. Value:

iv. Description: The medical center currently uses BEST 7pin system

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b. Temperature Controls:

ii. Automated Logic of Chicago

iii. Value:

iv. Description: The ALC system is currently operational and requires that on each subsequent project where there is a need for HVAC control, Automation for Lighting, Power Monitoring, Energy Metering, etc. that Tridium will be the platform required in these contracts. The software, programming/analytics, ALC are proprietary.

c. Fire Alarm System:

ii. Johnson Control

iii. Value:

iv. Description: The fire alarm notification system and all associated equipment are required by NFPA 72 (National Fire Alarm Code).

“Notifier” is the existing fire alarm system in the hospital, and only parts, software and firmware from the same manufacturer will work with the system.

d. Nurse Call System:

ii. ASCOM

iii. Value:

iv. Description: Extending the existing system must be done with the same manufacturer ASCOM to have a complete operational system.

e. Access Controls:

ii. Lenel

iii. Value:

iv. Description: The Lenel system is currently operational and requires Lenel field panels to be installed on each subsequent project where there is a need for access controls, and CCTV. These Lenel panels and software are proprietary.

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 FAR 6.302-1;

( ) (2) Unusual and Compelling Urgency per FAR 6.302-2;

( ) (3) Industrial Mobilization, Engineering, Developmental or Research Capability or Expert Services per FAR 6.302-3;

( ) (4) International Agreement per FAR 6.302-4 ( ) (5) Authorized or Required by Statute FAR 6.302-5; 38 U.S.C 8153 Public Law 104-26 ( ) (6) National Security per FAR 6.302-6;

( ) (7) Public Interest per 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):

These items have been standardized throughout the Captain James A. Lovell FHCC Installing a different manufacturers’ system will create significant duplication in cost for the facility, and in most cases the equipment will not function properly. The specific impact for not using the brand name items is listed below:

a. Door Lock Cylinders:

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i. Best Access System

ii. Impact: To change to a different locking system would require numerous master keys potentially causing delays in accessing all area of the campus in event of emergencies. The lock set requested allows the facility to expand and renovate as required and maintain the ability to meet patient and staff safety requirements.

b. Temperature Controls:

i. Johnson Control

ii. Impact: Alternative entity would require reprograming and licensing certification of entire facilities Temperature Controls system and subsequent retraining of facility staff on operation.

c. Fire Alarm System:

i. Johnson Control

ii. Impact: Alternative entity would require reprograming and licensing certification of entire facilities Fire Alarm System and subsequent retraining of facility staff on operation.

d. Nurse Call System:

i. ASCOM

ii. Impact: Alternative entity would require reprograming and licensing certification of entire facilities Nurse Call System and subsequent retraining of facility staff on operation.

e. Access Controls:

i. Lenel

ii. Impact: Alternative entity would require reprograming and licensing certification of entire facilities Access Controls and subsequent retraining of facility staff on operation.

f. Process Controls:

i. ALC

ii. Impact: Alternative entity would require reprograming, piping and licensing certification of entire facilities Process Chilled Water system and subsequent retraining of facility staff on operation.

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

In accordance with the Competition in Contracting Act (CICA), the components listed above are identified as brand name; however, the overall procurement will be competed as a Service- Disabled Veteran-Owned Small-Business (SDVOSB) Set-Aside. This Justification for Other Than Full and Open Competition will be posted to Contract Opportunities with the solicitation

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

The design was completed by Spur Design. Spur Design provided a complete government estimate. The anticipated price to the Government for the items requested to be brand name is approximately

The items for which brand name approval is being requested are subsequent components to the overall construction project. This procurement will be competed and based on competition; the Contracting Officer will make a determination of fair and reasonable pricing prior to award.

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

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The market research for the design and equipment was conducted by Spur Design to secure prices for the government estimate and was shared with the Contracting Officer and Contracting Officer’s Representative (COR) for further review. The Contracting Officer and COR were in concurrence with information provided in the estimate that supported the brand name items. These sources have been identified by Spur Design because of their contract to design this project. Approval of the items as brand name only is critical for the overall efficiency of the completed project and the Captain James A. Lovell FHCC facility.

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

New components must be able to tie into an existing and operational system including the use of software. At this time, there are no competing vendors whose products are fully compatible with the existing systems being used at the Louis Stokes Cleveland VAMC.

10. Listing of Sources that expressed, in writing, an interest in the acquisition:

Not applicable. It is the responsibility of the offerors and the general contractor awarded the project to locate suppliers and obtain pricing for all materials and components, including the items listed in this justification.

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:

There will be competition for the overall procurement. It will be the responsibility of the offerors to obtain pricing from the suppliers of the items and to submit a competitive proposal for the project.

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.

David Simon Date

COR

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.

Date Contracting Officer Program Contracting Activity Central (PCAC)

David R. Simon 220353 Digitally signed by David R. Simon 220353 Date: 2023.02.27 09:16:42 -06'00'

ANDREW

NEISS

Digitally signed by

ANDREW NEISS

Date: 2023.02.27 10:26:21 -05'00'

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