Attachment 1 Sole Source Justification_36C24426D0129_Redacted.pdf

VHAPG Part 813.5 Simplified Acquisition Procedures for Certain Commercial Items Attachment 1: Request for Sole Source Justification>SAT-SAP under FAR13.5

Effective Date: 12/30/2025 Page 1 of 9 Revision: 02 Acquisition ID#: 36C244-26-AP-2731

DEPARTMENT OF VETERANS AFFAIRS

SOLE SOURCE JUSTIFICATION UNDER SIMPLIFIED PROCEDURES FOR CERTAIN COMMERCIAL

ITEMS IN ACCORDANCE WITH FAR 13.5

Acquisition Plan Action ID: 36C244-26-AP-2731

1. Contracting Activity: Department of Veterans Affairs, VISN 4, Station 529, VA Butler Health Care System, 353 N. Duffy Rd, Butler, PA 16001. PR No.: 529-26-3-543-0342

2. Nature and/or Description of the Action Being Processed: This procurement is for new service for annual internal and external inspections, combustion tuning and calibration, relief valve service, and safety device testing. in accordance with FAR 13.5 Simplified Procedures for Certain Commercial Items and specifically FAR 13.501 Special Documentation Requirements, where acquisitions conducted under Simplified Acquisition Procedures are exempt from the requirements of FAR Part 6, but still require a justification using the format of FAR 6.303-2. The action being reviewed and approved will be awarded as a five (5) year Indefinite Delivery Contract (IDC) and the type contract planned will be a firm-fixed-price.

3. Description of Supplies/Services Required to Meet the Agency’s Needs: The VA Butler HCS needs a service contract for inspection, calibration testing and tuning of Boiler Management System and all associated components, inspection of Feedwater-Deaerators, and domestic hot water heaters. A boiler inspection and safety devices major system is the set of integrated procedures and hardware used to keep boiler pressure vessels and associated controls operating safely. It includes routine internal/external inspections (as required by code and manufacturer guidance), operational checks of feedwater and combustion systems, and verification that alarms, gauges, and interlocks function correctly. The safety devices’ major system typically covers overpressure protection (such as safety relief valves sized and tested to prevent hazardous excursions), low-water protection (water level controls and low-water cutoff devices that shut down firing when water is unsafe), and pressure/temperature monitoring with alarm and trip functions. It also includes controls and limit switches that prevent unsafe firing conditions, periodic testing and blowdown/relief valve maintenance, proper inspection of burner and draft/exhaust components, and documentation of inspection results, calibration status, and corrective actions.

The contractor shall fulfill all requirements, provide all incidentals, and labor to keep the systems operational to meet the needs of the VA Butler HCS. This contractor must complete all inspections and repairs, and is a factory representative of Fireye services, certified to

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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): Fireye Burner Control services is peculiar to Fireye, LLC (Large Business). The VA Butler HCS utilizes FIREYE Burner Controls with its boilers and must have a factory representative of FIREYE Burner Control services certified to inspect and complete work on all Fireye equipment.

Per RFO 6.103-1,“Only One Responsible Source”, Combustion Service And Equipment Co.

(WOSB) is the only firm capable of providing the services described in Section III above without the Veteran’s Health Administration incurring a substantial duplication of cost to the Government using another service, that could not be expected to be recovered through competition, thereby precluding consideration of a product manufactured by another company. Combustion Service And Equipment Co. (WOSB) is an authorized distributor for Fireye services in the Pittsburgh region and is essential in fulfilling the agency’s service requirements.

The nature of this service is for continued maintenance, preventative maintenance, and rebuilding of the hospital heating boiler system which is a major system that requires highly specialized services in the VA Butler Health Care System. Boiler inspection and safety devices are critically important because steam and hot-water systems directly support patient care and essential services—such as sterilization equipment, space heating, laundry/hygiene processes, and sterilizer sterilization cycles—where interruptions or unsafe operation can quickly become life-safety risks. Regular inspection and testing of safety controls (like pressure relief and low-water protections) help prevent catastrophic failures, scalding incidents, and system outages, while also maintaining stable operating conditions that meet required performance standards. Because hospitals operate continuously and rely on rapid response, verified safety device performance reduces the likelihood of emergency shutdowns during peak demand and ensures staff can trust the system to respond correctly under abnormal conditions.

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Acquisition ID#: 36C244-26-AP-2731

The use of restrictive proprietary equipment in the requirements such as Fireye services does not provide for full and open competition regardless of the number of sources solicited. A specific Fireye Burner Control service produced by Fireye is required as opposed to allowing free and open competition since their control systems are proprietary and compatibility with other systems may be costly to integrate other services.

Accordingly, Combustion Service And Equipment Co. (WOSB) is the only firm capable of providing the supplies and services 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: All efforts were taken to ensure that offers are solicited from as many potential sources as practicable under the circumstances. The following issues were addressed below:

Notice of Proposed Contract Actions: A notice for Sources Sought Synopsis was not issued.

The CS sent an email dated 06-30-2026 to and who have a past contract history of boiler inspections at NCO4 found in SAM.gov, if they are certified to inspect/complete work on all Fireye equipment. This effort produced one (1) response: stated they support Fireye at multiple facilities, Fireye provides tech support. The results of this market research screening process determined that vendors are non-responsive. Per 41 USC 3304(a)(1), “Only one (or a limited number of) responsible source(s)”, this survey of the marketplace that confirmed our assumptions regarding the capability of industry to meet our needs. Per RFO 6.104-1(a)(6), the CS confirmed no other vendors were found.

Per FAR 6.103-5, “specification of attributes peculiar to one manufacturer”, prevents full and open competition and should only be used when justified and approved according to

FAR 6.104.

Per RFO 5.101(b), the proposed action was not synopsized because this will be a Sole Source per FAR 6.103-1(d) “Application for brand-name descriptions”. The rationale for the synopsis exemption is due to proprietary nature of Fireye Burner Control services integrated within the boiler system.

Other actions: Actions considered even if the actions were unsuccessful include soliciting as a SDVSOB Set-Aside. The CS emailed and dated 06-30-2026 if they have an authorized factory representative of Fireye Burner Control services. This effort produced one (1) response:

t.

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Acquisition ID#: 36C244-26-AP-2731

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 a comparison to the Independent Government Cost Estimate IAW FAR 13.106-3(a)(2)(vii) and based on a comparison of proposed prices with prices found reasonable on previous purchases IAW FAR 13.106-3(a)(2)(ii). Cost or price analysis is not anticipated since we don’t require a breakout of labor hours, materials, and overhead IAW RFO 6.104-1(a)(7).

8. Description of the Market Research Conducted and the Results, or a Statement of the Reasons Market Research Was Not Conducted: The results of market research conducted pursuant to RFO Part 10 and VA Acquisition Regulation (VAAR) 810.001-70 Market Research Policy found the following below:

Per PPM 2016-05, Implementation of the Veterans First Contracting Program as a Result of the U.S. Supreme Court Decision: §8127 is mandatory, not discretionary and its text requires the Department to apply the Rule of Two to all contracting determinations. with filters in PA, DE, or zip code “16001”, SBA certified as “SDVOSB”, designated small in NAICS code “238220”, and that have active SAM registrations found vendors:

.Vendor Information Pages (VIP) database, in the appropriate NAICS code, are listed as verified in the VIP database.A keyword search of "boiler inspection and safety device testing" in the

A keyword search for “Boiler Inspections and Safety Device Testing” and NAICS Code “238220” in the General Services Administration (GSA) portal eLibrary Schedules List found sources.

A keyword search for “Boiler Inspections and Safety Device Testing” “238220” with filters Socio-economic Status “SBA Certified SDVOSB” in the GSA Advantage found vendors.

A keyword search for “Boiler Inspection”, Contracting Office Code “36C244”, and Status Active in the SAM.gov portal for contract awards found vendors:

A keyword search of “Boiler Inspection” in USASpending.gov found vendors:

A search of the acquisition history on AddsUp.gov found the following:

Purchase Order No. was awarded to dated 12-04-2024 for for replace Building No. 7 master control panel replacement.

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Acquisition ID#: 36C244-26-AP-2731

Purchase Order No. was awarded to dated 09-17-2025 for for Cooling Tower No. 1.

Purchase Order No. was awarded to dated 01-11- 2022 for for boiler inspections.

Indefinite Delivery Contract No. was awarded to dated 01-07-2021 for an action obligation of for a total of for boiler services.

Purchase Order No. was awarded to dated 05-26-2016 for for boiler services.

Purchase Order No. was awarded to dated 06-08-2016 for action obligation for and a total potential value of for boiler services.

The CS sent an email dated 06-30-2026 to and who have a past contract history of boiler inspections at NCO4 found in SAM.gov, if they are certified to inspect/complete work on all Fireye equipment. This effort produced one (1) response:

In order to meet the VA Rule of Two, the Contract Specialist (CS) reviewed the Small Business Administration (SBA) Small Business Search portal in accordance with VAAR Class Deviation 810.001-70, the CS reviewed the Small Business Administration (SBA) certification database on the SBA Veteran Small Business Certification Program (*VetCert) portal as required by subpart 819.70 to determine if two (2) or more service-disabled veteran-owned businesses (SDVOSBs) and/or veteran-owned small businesses (VOSBs), with the appropriate North American Industry Classification System (NAICS) code 238220-Plumbing, Heating, and Air-Conditioning, are listed as verified in the Small Business Search (SBS) website.

The VetCert website instructs users to verify Certified Veteran firms through the Small Business Search (SBS) site at https://search.certifications.sba.gov.

Additionally, IAW RFO 19.101(a)(2)(1) the SBA certifies offerors as veteran-owned small business, service-disabled veteran-owned small business and SBA certifications can be found in the Small Business Search (SBS) website. is SBA verified as a SDVOSB through 01-02-2027.

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Acquisition ID#: 36C244-26-AP-2731

The CS anticipates a non-competitive Sole Source to Combustion Service And Equipment Co.

(WOSB) as authorized in VAAR 819.7008 or 819.7009 up to $5,000,000, subject to review and approval of the designated procurement official outlined in RFO 6.104-2 (See VHAPG Part 819.7008-7009 for additional details).

Consideration of BAA/TAA/Exceptions to BAA (See FAR Part 25) is not applicable to services and does not apply.

Per the authority of RFO 6.103-1, “Only one (or a limited number of) responsible source(s)”, as described in Section 6 above, market research, per RFO Part 10, was conducted by synopsis of the proposed acquisition, advising industry of the pending acquisition and soliciting inquiries from interested parties.

and must requirements or Combustion Service And Equipment Co. (WOSB) can directly provide the Fireye service contract requirements to satisfy agency needs.

Based on market research, the acquisition can’t be set-aside for VetCert certified SDVOSB/VOSBs and the other small business categories for compliance with VA Rule of Two. The VetCert certified SDVOSBs aren’t authorized distributors for Fireye.

Combustion Service And Equipment Co. (WOSB) is authorized to represent Fireye services and provide field support related to Fireye burner management systems, flame safeguard controls, scanners, and associated combustion control equipment. Combustion Service And Equipment Co. (WOSB) has experience performing annual internal and external boiler inspections, combustion tuning and calibration, relief valve service, and safety device testing at VA Butler and other VA facilities.

Fireye recognizes Combustion Service And Equipment Co. (WOSB) as a qualified local representative to inspect, service, troubleshoot, support, and complete work involving Fireye Burner Controls where applicable.

Based on market research, in accordance with FAR 6.103-2 and 13.106-1(b)(1)(i), this requirement will be Sole Source to Combustion Service & Equipment Co. (WOSB).

9. Any Other Facts Supporting the Use of Other than Full and Open Competition: Must be a Fireye service authorized distributor. Must have manufacturers certificate of training for Weishhaupt Burners and Tuning, Fireye Nexus Control Systems, RBI-Futera Hydronic Burners, and ASME Certification Health and Safety.

10. Listing of Sources that Expressed, in Writing, an Interest in the Acquisition:

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Acquisition ID#: 36C244-26-AP-2731

11. 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: Any action to be taken to foster competition for future acquisitions of the services being acquired is removing proprietary equipment before making subsequent acquisitions for the services required. This potential action could be undertaken to remove the barriers to competition that have been identified in the justification which would allow competition.

Currently no actions are planned to change from Fireye services 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 proprietary control system compatibility with other systems may be costly to integrate other services.

Approval is sought for five (5) years, a Sole Source effort is required for the planned time duration from 09/01/2026 through 08/30/2031.

12. 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.

13. 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.

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Acquisition ID#: 36C244-26-AP-2731

b. One Level Above the Contracting Officer (Required over $350K but not exceeding $900K): I certify the justification meets requirements for other than full and open competition.

c. VHA Advocate for Competition and RPO HCA Review and Approval: I have reviewed the foregoing justification and find it to be complete and accurate to the best of my knowledge and belief and approve $900K to $90 million for other than full and open competition.

Name Date VHA Head of Contracting Activity (HCA)