A16_-_Brand_Name_Justification_44057234_Executed.pdf
PDF 2 MB Posted
- Attached to
- NM-SW NATIVE ARC - Lochinvar Heat Exchanger Replac Federal contract opportunity
- Solicitation number
- 140FS226Q0199
About this file
This is a Single Source Justification form (FWS Form 3-0034) submitted by the U.S. Fish and Wildlife Service (USFWS) for a sole source acquisition under the Simplified Acquisition Threshold (SAT).
The USFWS Southwestern Native Aquatic Resources and Recovery Center in Dexter, New Mexico requires on-site commercial boiler repair services for an existing Lochinvar FTX500N boiler. The work includes replacement of the failed heat exchanger, associated gaskets, burner refractory, safety flow switch, condensate neutralizer media, and all labor, equipment, installation, testing, and commissioning necessary to restore the boiler to safe and reliable operation. The need was not reasonably foreseeable as a recurring acquisition; it was discovered during preventative maintenance on February 27, 2026, when multiple leaks were identified in the heat exchanger. The justification for sole source procurement is based on the requirement for a Lochinvar OEM replacement heat exchanger that must be compatible with the existing boiler configuration and associated components. The replacement component is covered by Lochinvar's 10-year manufacturer warranty, which requires purchase of the applicable OEM replacement component and return of the failed unit to Lochinvar for evaluation before any warranty credit may be issued. Alternative manufacturers were not pursued because non-OEM or alternative-brand heat exchangers would not satisfy the Government's warranty requirements and would prevent utilization of the existing manufacturer warranty process. The contractor must demonstrate experience performing commercial HVAC and boiler repair and maintenance services of similar scope and complexity, with technical knowledge, qualified personnel, tools, equipment, and specialized rigging to safely remove and replace the heat exchanger. Price will be determined fair and reasonable at the time of award. The Program/Project Officer (Nathan Franssen) and Contracting Officer (Dana Arnold) have certified and approved the use of sole source acquisition procedures under FAR Part 13.
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Other files for this federal contract opportunity
| File | Type | Posted |
|---|---|---|
| A04_-_Statement_of_Work_-_Heat_Exchanger_Replacement.pdf | ||
| Sol_140FS226Q0199.pdf | ||
| B03_-_Service_Contract_Act_WD___2015-5455_-_Rev_32.pdf |
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Text version
FWS Form 3-0034 (Rev. 10/2020) U.S. Fish and Wildlife Service
1. Description of Need
3. Other Capable Sources
2. Market Research Conducted
Pursuant to FAR subpart 13.106-1(b)(1)(i) and (ii), for purchases not exceeding the Simplified Acquisition Threshold (SAT), Contracting Officers may solicit from only one source if the circumstances deem only one source is reasonably available (e.g., urgency, exclusive licensing agreements, brand name, or industrial mobilization).
Instructions: The information in the text boxes are provided as sample language or to indicate a needed fill-in. Sample language should be removed from the final document. All text boxes require information and shall not be left blank.
SINGLE SOURCE JUSTIFICATION
(UNDER SAT)
JOINT ADMINISTRATIVE OPERATIONS
Acquisitions Operations
4. Barriers to Competition
5. Contractor's Qualifications
6. Determination of Fair and Reasonable Cost
7. Recommendation and Certification by Program Office
Based on the above justification, I recommend this acquisition to be conducted using sole source acquisition procedures. I hereby certify that this justification is accurate and complete to the best of my knowledge and belief.
Program / Project Officer
8. Contracting Officer Certification and Approval: Under SAT
Based on the above justification, I hereby certify and approve the use of sole source acquisition procedures under FAR Part 13 for this purchase.
Contracting Officer
| Text3: Alternative brands were not pursued because the replacement heat exchanger must be compatible with the existing Lochinvar FTX500N boiler and associated components and must support the existing manufacturer's warranty process. The failed heat exchanger is covered by Lochinvar's 10-year manufacturer warranty, which requires purchase of the replacement OEM heat exchanger and return of the failed heat exchanger to Lochinvar for evaluation before any applicable warranty credit is issued. | |
| Text2: The need for this repair was not reasonably foreseeable as a recurring acquisition. During preventative maintenance on February 27, 2026, the servicing contractor identified multiple leaks in the heat exchanger and determined that replacement was required. Following identification of the failure, additional coordination was necessary to determine the appropriate manufacturer warranty and procurement process. Traditional market research for alternative heat exchanger manufacturers was not conducted because the Government's requirement is for repair of an existing Lochinvar FTX500N boiler using the applicable OEM replacement heat exchanger. An alternative manufacturer's heat exchanger would not satisfy the Government's requirement for an OEM replacement component and would not support the applicable Lochinvar warranty return and evaluation process. This brand-name requirement applies to the replacement components and does not restrict competition for the installation and repair services to a specific contractor. Contractors capable of providing the required Lochinvar OEM component and performing the required repair services may compete for the requirement. | |
| Text1: The U.S. Fish and Wildlife Service (USFWS), Southwestern Native Aquatic Resources and Recovery Center, Dexter, New Mexico, requires on-site commercial boiler repair services for an existing Lochinvar FTX500N boiler. The work includes replacement of the failed and leaking heat exchanger, associated gaskets, burner refractory, safety flow switch, condensate neutralizer media, and all labor, equipment, installation, testing, and commissioning necessary to restore the boiler to safe and reliable operation. The boiler provides facility climate control and water heating, including thermal regulation necessary to support endangered fish housed at the Center. During preventative maintenance, multiple water leaks were identified in the existing heat exchanger, confirming failure of the component and the need for replacement. | |
| Text4: The primary barrier to competition is the Government's requirement for a Lochinvar OEM replacement heat exchanger for the existing Lochinvar FTX500N boiler. The Government is repairing existing equipment rather than acquiring a new boiler system; therefore, the replacement heat exchanger must be compatible with the existing boiler's configuration and associated components. Additionally, the failed heat exchanger is covered by Lochinvar's 10-year manufacturer warranty. The warranty process requires purchase of the applicable OEM replacement heat exchanger and return of the failed unit to Lochinvar for evaluation before a warranty credit may be issued. Use of a non-OEM or alternative-brand heat exchanger could prevent the Government from utilizing the existing manufacturer warranty process and has not been established as compatible with the existing equipment. Accordingly, competition among manufacturers for the replacement heat exchanger is limited by compatibility and warranty requirements. However, competition for the overall repair service is not restricted to a specific contractor. Any qualified contractor capable of furnishing the required Lochinvar OEM component and performing the repair in accordance with the Statement of Work may compete for the requirement. | |
| Text6: Price will be determined fair and reasonable at the time of award. | |
| 2026-09-10T15:51:05-0600 | |
| NATHAN FRANSSEN |
| 2026-09-10T16:52:51-0500 | |
| DANA ARNOLD |
Text5: The Contractor shall have demonstrated experience performing commercial HVAC and/or boiler repair and maintenance services of similar scope and complexity. The Contractor shall possess the technical knowledge, qualified personnel, tools, equipment, and specialized rigging necessary to safely remove and replace the heat exchanger and associated components in the existing Lochinvar FTX500N boiler. The Contractor shall be capable of furnishing and installing the required Lochinvar OEM replacement components; reconnecting plumbing, gas, electrical, and control components; performing leak testing and system startup; and verifying safe and stable boiler operation. The Contractor shall also have the capability to coordinate the return of the failed heat exchanger to Lochinvar in accordance with the manufacturer's warranty requirements and provide the required service and shipping documentation upon completion.
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