P03_ Sole Source Justification _ TOGUS WHEEL LOADERS_Redacted.pdf

VHAPG Part 813.5 Simplified Acquisition Procedures for Certain Commercial Items Request for Sole Source Justification Template >SAT-SAP under FAR13.5

Effective Date: 12/30/2025 Page 1 of 4 Revision: 02 Acquisition ID#: 36C241-26-AP-3314 & 36C241-26-AP-3363

DEPARTMENT OF VETERANS AFFAIRS

SOLE SOURCE JUSTIFICATION UNDER SIMPLIFIED PROCEDURES FOR CERTAIN

COMMERCIAL ITEMS IN ACCORDANCE WITH FAR 13.5

Acquisition Plan Action ID: 36C241-26-AP-3314 & 36C241-26-AP-3363

1. Contracting Activity: Network Contracting Office 1, Regional Procurement Office East on behalf of the Department of Veterans Affairs, Veterans Integrated Service Networks (VISN 1) on behalf of Togus VA Medical Center 1 VA Center Augusta, ME 04330-6796 Funding 402-26-4- 400-0068 & 402-26-4-400-0069.

2. Nature and/or Description of the Action Being Processed: This is a new, brand name requirement. This procurement is for the purchase of one (1) Caterpillar 930 Wheel Loader and two (2) Caterpillar 926 Wheel Loaders for the Togus VA Medical Center, located at 1 VA Center, Augusta, ME 04330. These loaders are solely manufactured by large business Caterpillar, Inc (CAT). This procurement will provide new, heavy-duty equipment aligned with the facility�s operational needs, ensuring safe, reliable, and continuous support for critical campus functions.

3. Description of Supplies/Services Required to Meet the Agency�s Needs: The CAT 926 is a mid-size, high-performance wheel loader designed for general material handling, grounds maintenance, and facility support operations. The machine is commonly used for snow removal, earthmoving, loading materials, and supporting utility work across large campuses. The CAT 930 is a larger, more powerful wheel loader capable of handling heavier loads and more demanding operations. It delivers higher horsepower, increased lift capacity, and improved stability for large-scale material movement, winter operations, and infrastructure support. The 930 is typically used where maximum power, capacity, and durability are required, such as major snow response, road maintenance, or large material-handling tasks. The estimated total amount for all three vehicles is

4. Statutory Authority Permitting Restricted Competition:

FAR 13.5 Simplified Procedures for Certain Commercial Items. The statutory authority for applying the Simplified Procedures for Commercial Items of FAR 13.5 is 41 U.S.C. § 1901 and is implemented by FAR 13.106-1(b)(2) for restricting competition on this procurement. Competition is restricted on this procurement for the reason below:

( X ) Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements

( ) Unusual and Compelling Urgency ( ) Industrial Mobilization, Engineering, Developmental or Research Capability or

Expert Services ( ) International Agreement ( ) Authorized or Required by Statute ( ) National Security ( ) Public Interest

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 acquisition uses a brand name description and is peculiar to one manufacturer, Caterpillar, Inc (CAT).

Caterpillar wheel loaders are required for this procurement because the Togus VA Medical Center already operates a standardized fleet of CAT heavy equipment previously acquired under

VHAPG Part 813.5 Simplified Acquisition Procedures for Certain Commercial Items Request for Sole Source Justification Template >SAT-SAP under FAR13.5

Effective Date: 12/30/2025 Page 3 of 4 Revision: 02 Acquisition ID#: 36C241-26-AP-3314 & 36C241-26-AP-3363 comprehensive market research to determine the availability of Service-Disabled Veteran- Owned Small Businesses (SDVOSBs) and other small businesses capable of fulfilling the requirement for these Wheel Loaders.

The first step was a search of the SBA database using NAICS code 333120 � Construction Machinery Manufacturing with a filter for SDVOSB certification. This general search generated a broad pool of 220 SDVOSB contractors associated with this NAICS code. However, this only established the potential for SDVOSB involvement at the NAICS category level and did not confirm capability or authorization to distribute the specific brand and model of sterilization equipment required.

The SBA DSBS database was queried using NAICS 333120 along with the keywords �Caterpillar�, this targeted search yielded 6 small business profiles that matched the search criteria, all of which were outside the geographic area of Maine, USA.

A search of the ADDS UP system using the keyword �Wheel Loader 930� under Awarding Office 36C241 identified 11 prior contract actions, several of which correspond to previous Caterpillar wheel loader procurements for stations such as White River Junction, Togus, and other VA Medical Centers within VISN 1.

A GSA advantage search with the keyword �Wheel Loader 930 � identified 23 products, however only one of which was for the exact equipment being requested, offered from Caterpillar Inc�s GSA contract GS-30F-0018U. A subsequent search with the keyword �Wheel Loader 926 � identified 2 products, however only one matching that criteria, , offered from Caterpillar Inc�s GSA contract GS-30F-0018U.

A GSA e-Library search under the manufacturer �Caterpillar� identified four schedule contractors, including the small business Federal Contracts LLC, which is authorized to supply Caterpillar equipment within the Togus, Maine geographic service area under contract GS-03F-113DA.

However, the specific CAT 930 and CAT 926 Wheel Loaders required for this procurement are not listed on FCC�s GSA schedule. FCC�s catalog includes other models�such as the CAT 990K, 913 14A, 910 14A, 920 14A, 926M, 930M, 938M, 986K, 918, and 903�but does not include the 930 or 926 models being requested. As a result, any acquisition through FCC for these specific units would be considered open-market.

Caterpillar Inc., the Original Equipment Manufacturer (OEM), and Federal Contracts LLC (FCC), the only authorized small-business Caterpillar dealer for the Togus, Maine service region, are the only two sources capable of supplying the required CAT 930 and CAT 926 wheel loaders to the Government. Because these are the only entities able to legally sell, warrant, and support the required equipment, issuing an unrestricted solicitation will allow both the large business OEM and its authorized small-business distributor to compete directly, ensuring fair opportunity while complying with Caterpillar�s distribution model and territorial sales restrictions.

9. Any Other Facts Supporting the Use of Other than Full and Open Competition: Togus VA Medical Center has been recently renting Caterpillar wheel loaders from Rent It of Maine Inc. for the past few years under contracts 36C24124P0127, 36C24122P0128, 36C24121P0030, and 36C24120P0109 , but the facility now seeks to transition from repeated rentals to a permanent ownership solution by purchasing the equipment outright.

10. Listing of Sources that Expressed, in Writing, an Interest in the Acquisition: Large business Caterpillar Inc., (SAM UEI: C9C6HPQLL4A8) the Original Equipment Manufacturer (OEM), 5205 N O CONNOR BLVD STE 100 IRVING, TX 75039-3712 (GSA Contract # GS-30F-