S02 - Brand Name Only J-A - Siemens (ELEC SYS) - 553-16-101 - Sol.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 3 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: 36C250-20-AP-3486 / 553-20-3-3508-0057

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 553-20-3-3505-0057.

2. Nature and/or Description of the Action Being Processed: Endineering is requesting the use of

Siemens Industry, Inc. for Electrical Systems installation during construction of the facility NRM project 553-16-101 Install Electrical Switchgear Enclosure.

3. Description of Supplies/Services Required to Meet the Agency’s Needs: The project requires installation of Siemens Industry, Inc. products during construction for Electrical Systems installation.

The estimated value is $35,000.00. Siemens Industry, Inc. is the Electrical Systems company that holds the maintenance contract for proprietary equipment throughout the John D. Dingell VA Medical Center. The VAMC Detroit has had a standard for electrical materials since the building first opened in 1996. The VA electrical shop has always maintained spare parts and training for the designated electrical systems. The standard system is important in emergency situations when repair needs to be done immediately. The existing electrical system is Siemens. The system includes:

panel boards, molded case circuit breakers, surge protective devices, low- and medium-voltage motor controllers , manual motor Controllers, surge suppressions, fused and unfused disconnect switches, and separately-enclosed circuit breakers for use in electrical systems rated 600 V and below. The overall project period of performance is 18 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, upgrade and install new Electrical systems components for the new area to enhance the system efficiency and reduces repair time of electrical failures in life safety. The hospital electrical system is a key element of hospital operations. Any electrical problem immediately impacts patients and staff. The VA electricians must act immediately to resolve the problems by standardizing electrical

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OFOC SOP Revision 09 Page 2 of 3

Revision 09 Date: 04/17/2020 components to reduce repair time. Electrical failures in life safety are also very critical. This would include fire alarms, exit signs and emergency lighting. Potential significant differences in characteristics and usage, bar the use of non-existing components. Therefore, it is essential to the Government requirements to only allow the provision of Siemens electrical systems components, thereby precluding consideration of a product manufactured by another company. Accordingly, Siemens 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.

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 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 electrical systems components manufactured by another company. Patient and staff safety could be jeopardized by using different electrical equipment. 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.

_____________________________ ________6/29/2020_______ Robert Peters Date Asst. Chief, FMS Detroit VAMC

OFOC SOP Revision 09 Page 3 of 3

Revision 09 Date: 04/17/2020

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 http://vaww.pclo.infoshare.va.gov/PMWeb/VHAPM_Part_806.3.aspx