Y1DA--CON-NRM 653-23-109 Remodel Physical Therapy

DEPARTMENT OF VETERANS AFFAIRS

Justification and Approval For

Exception to Fair Opportunity Memo

Acquisition Plan Action ID: 36C260-22-AP-5495

1. Contracting Activity: Department of Veterans Affairs, VISN 20, Roseburg Medical Center through RPOW, NCO 20 Construction Branch 2.

2. Description of Action: The proposed acquisition is project 653-23-109 Remodel Physical Therapy project because this flooring has been found to meet all the expectations that the Roseburg VAMC needs. This project updates the physical therapy space for the Roseburg VAMC. The project is desired utilizing the brand name Tarkett Johnsonite IQ Optima (Johnsonite) flooring in order to be compatible and consistent with the existing flooring in areas not being renovated that adjoin the renovation space. This justification only covers the portion of the project directly related to requiring Johnsonite brand name flooring. The IGE estimates flooring costs at $44,480.

3. Description of Supplies or Services: The proposed action is to install 2780 square feet of Tarkett Johnsonite, iQ Optima, 3242864 Concrete Slab resilient sheet flooring. This flooring has been used throughout the Roseburg VAMC for remodel/renovation projects. It has proven to withstand the wear and tear of the hospital environment.

4. Statutory Authority: The statutory authority permitting an exception to fair opportunity is Section 41 U.S.C. 4106(c) as implemented by the Federal Acquisition Regulation (FAR) 16.505(b)(2)(i):

(X) FAR 16.505(b)(2)(i)(B): Only one awardee is capable of providing the supplies or services required at the level of quality required because the supplies or services ordered are unique or highly specialized.

5. Rationale Supporting Use of Authority Cited Above:

Brand Name Justification: This is a brand name justification supported by FAR 11.105, Items Peculiar to One Manufacturer. Johnsonite flooring is essential to the Government s requirements. Flooring products other than the Johnsonite brand lack the particular durability, longevity and interoperability that the agency requires. It would be inefficient for this project to utilize another manufacturer s flooring that would not be compatible with existing flooring. This could increase cost to the Government in that the extent of flooring that would need redone would expand beyond just the physical therapy wing of the building to encompass flooring to a point where there is interoperability of compatibility with a different flooring system. Additionally, use of Johnsonite brand flooring allows for sameness of material for ease of small repairs if needed (i.e. pursuant to a different project or other situation where repair may be necessitated).

Based on market research, past installation and current use, as described in paragraph eight of this document, it was determined that limited competition is viable among authorized resellers for this brand name item. This is a brand name justification in support of FAR 11.105, Items Peculiar to One Manufacturer. Johnsonite iQ optima brand name resilient sheet flooring is the only flooring that can continue to build upon the VA s existing floor system. No other brand name flooring will be interoperable or compatible with the current requirements and needs.

6. Efforts to Obtain Competition: The government will ensure that offers are solicited from as many potential sources as is practicable.

7. Actions to Increase Competition: The Government will ascertain if there are changes in the marketplace that would enable future actions to be competed.

8. Market Research: The Government s subject matter experts (SME) (engineering staff) conducted market research by reviewing projects with similar requirements for flooring. VA SME s determined the proposed flooring as an industry standard and highly capable of meeting Government specifications. Based on these efforts, the Government s SME s believe that only the Johnsonite brand name resilient sheet flooring will meet all of the VA s needs.

Johnsonite brand flooring has been used in the following, but not limited to resent projects such as:

653-16-108 Building 1AC Flooring Replacement

653-21-108 Remodel Patient Check in

653-22-101 Remodel Phlebotomy

Market research is conducted by NCO 20 on an ongoing basis as needed to determine if the MATOC IDIQs put in place in 2018 continue to be best suited for solicitation of projects. The IDIQs are held by SDVOSBs, meeting VA Rule of Two. NCO 20 did not conduct market research specific to the flooring since the construction contractor is expected to locate a supplier of any brand name resources identified in the solicitation as part of putting together their quote.

9. Other Facts: This is a brand name justification only and is not limiting competition as a whole to the project, but is specifying that the flooring material utilized must be Tarkett Johnsonite iQ Optima.

10. Technical and Requirements Certification: I certify that the supporting data under my cognizance, which are included in this justification, are accurate and complete to the best of my knowledge and belief.

KEVIN PRESCOTT 2022.11.09

11/9/2022

11:04:51 -08'00'

Name: Kevin Prescott Date

Title: Chief of Engineering Facility: Roseburg VAMC

11. Determination that Anticipated Cost is Fair and Reasonable: A determination by the contracting officer that the anticipated cost to the Government will be fair and reasonable: Cost to the Government will be determined fair and reasonable (or not) as a part of the solicitation response evaluation process prior to award, and the file will be documented accordingly at that time. Currently, cost is only anticipated per the IGE of what the aforementioned subject matter experts for VA Roseburg estimate for the project as a whole, to include the flooring that this justification covers.

12. Contracting Officer's Certification (required): I certify that the foregoing justification is accurate and complete to the best of my knowledge and belief.

Name Date

Tittle: Contracting Officer Facility: NCO 20

Helen J. Woods Digitally signed by

1580722

Helen J. Woods 1580722 Date: 2023.01.10

14:01:26 -08'00'

13. Approvals in accordance with VHAPG Part 816.505 Indefinite Delivery Contracts: Ordering.

a. 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.

IAW NCO 20 Desk Manual Policy for J&A review by Branch.

Digitally signed by ERIC CONEY

Date: 2023.01.24 14:52:27

-09'00'

Name Date

Title: NCO 20 Supervisory Contract Specialist