FAR 13.5 Brand Name Justification Redacted_Redacted.pdf

Effective Date: 02/01/2022 Page 1 of 4

DEPARTMENT OF VETERANS AFFAIRS

SOLE SOURCE JUSTIFICATION UNDER SIMPLIFIED PROCEDURES FOR CERTAIN COMMERCIAL

ITEMS IN ACCORDANCE WITH FAR 13.5

Acquisition Plan Action ID: 36C242-23-AP-2808

1. Contracting Activity: Department of Veterans Affairs, VISN 02, Network Contracting Office 2, located at Bath VA Medical Center 76 Veterans Ave, Bath NY 14810 in support of Hudson Valley VA Medical System, Castle Point Campus, 41 Castle Point Rd, Wappingers Falls, NY 12590, seek to purchase a Caterpillar 930m Wheel Loader with 2237# 620-23-3-3087-0085 funded action.

2. Nature and/or Description of the Action Being Processed: This is a brand name justification for the purchase of a Caterpillar branded 930m Wheel Loader for the Castle Point VAMC�s Engineering Department.

3. Description of Supplies/Services Required to Meet the Agency�s Needs: The Castle Point VAMC�s

Engineering Department is currently seeking to purchase one (1) Caterpillar 930m wheel loader with accessories. This model of small wheel loader will replace the facility�s existing Caterpillar IT28 small wheel loader which is beyond economic repair. The Caterpillar 930m wheel loader is needed for snow removal, grounds keeping, moving, and relocating heavy equipment and machinery to buildings throughout the Castle Point facility. The current Caterpillar IT28 wheel loader�s parts are becoming increasingly more difficult to locate as the OEM, Caterpillar stopped manufacturing this model in 2002 and replaced it with the Caterpillar 930m Wheel Loader.

The facility�s Caterpillar IT28 wheel loader uses several pieces of equipment and attachments (such as snow blower and cherry picker) that are still utilized in ground crew activities throughout the facility grounds. The IT28 equipment and attachments are only transferable to the newer Caterpillar model 930m wheel loader. No other brand of small wheel loader will allow for the facility�s continued use of the Caterpillar branded equipment and accessories as every brand has its own connection fittings and equipment designs. Going with another brand of wheel loader would also incur additional cost to the facility as new attachments and equipment would need to be purchased and the staff would require additional training in the installation, repair, and proper operation of the attachments and equipment. Staff are also required to perform basic mechanical (oil changes, filters�) maintenance functions to the wheel loader and would need to relearn how to perform these tasks on a different brand of small wheel loader.

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

Effective Date: 02/01/2022 Page 2 of 4

( ) 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): Caterpillar, Inc. is the sole manufacturer of its Caterpillar 930m wheel loader. The manufacturer�s brand of small wheel loader, model 930m, is only compatible with Castle Point�s existing Caterpillar branded equipment and attachments. Castle Point staff are also currently trained in the proper safety management of existing Caterpillar equipment and attachments, and in the continued maintenance of Caterpillar branded small wheel loaders.

6. Description of Efforts Made to ensure that offers are solicited from as many potential sources as deemed practicable: CO posted a sources sought notice to SAM.gov and GSA eBUY from 07/10/2023 to 07/17/2023.

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

Reasonable: The anticipated cost will be considered fair and reasonable based on adequate price competition as CO has a reasonable expectation that this procurement action will attract two or more offers that are competing independently for award.

8. Description of the Market Research Conducted and the Results, or a Statement of the Reasons

Market Research Was Not Conducted: A search on VIP resulted in two (2) SD/VOSB vendors found.

SBA DSBS showed one (1) possible Small Businesses. Requesting service provided a brand name justification for a Caterpillar 930m Wheel Loader.

CO posted a sources sought notice to SAM.gov and GSA eBUY from 07/10/2023 to 07/17/2023.

9. Any Other Facts Supporting the Use of Other than Full and Open Competition: Only Caterpillar�s

930m wheel loader will function with the facility�s existing Caterpillar equipment and attachments that are currently used to complete various local VA grounds services.

10. Listing of Sources that Expressed, in Writing, an Interest in the Acquisition: The following list of sources have expressed interest in this acquisition.