Attachment 6 - JA Sole Source Brand Name Lochinvar.pdf

VHAPG Part 806.3 OFOC Page 1 of 2

Revision: 03 Effective Date: 04/15/24

Acquisition ID#: VA-24-00090974

DEPARTMENT OF VETERANS AFFAIRS

Justification and Approval (J&A)

For

Other Than Full and Open Competition (>SAT)

Acquisition Plan Action ID: 36C260-24-AP-3928

1. Contracting Activity: : Department of Veterans Affairs, Regional Procurement Office

West, Network Contracting Office 20 on behalf of VISN 20, Jonathan M. Wainwright Medical Center, Walla Walla, WA.

2. Nature and/or Description of the Action Being Processed:

Brand name justification for Lochnivar for a boiler and two water heaters. This is a new, firm fixed price contract.

3. Description of Supplies/Services Required to Meet the Agency’s Needs:

In building 43, the heat exchanger and water control board of boiler #3 have failed. The heat exchanger is not repairable as the part is not sold for replacement. The boiler is inoperable without this part. One of two water heaters has also failed, the remaining water heater is at the end of its life.

1. Hydronic Boiler (1 each): Lochinvar Crest condensing boiler, Model FBN2000

2. Water Heaters (2 each): Lochinvar Shield commercial water heater, Model SNA400-

125.

4. Statutory Authority Permitting Other than Full and Open Competition:

( x ) (1) Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements per 41 USC §3304(a)(1) as implemented by FAR 6.302-1;

5. Demonstration that the Contractor’s Unique Qualifications or Nature of the

Acquisition Requires the Use of the Authority Cited Above (applicability of authority ):

Only one Responsible Source: The current hot water boilers and heaters are manufactured by Lochinvar. The installation manual states that mixing components from different systems could result in severe personal injury, death, or property damage. It is essential that the replacement equipment be the same as originally installed to connect directly into the existing control system and match the other existing units.

Only the equipment portion of this acquisition is peculiar to one manufacturer and covers only this portion of the acqustion which is brand-name to Lochinvar. Using this brand is essential to the Governments’s requirements which precludes consideration of a product manufactured by another company (FAR6.302-1 C(2)(a) and (b).

VHAPG Part 806.3 OFOC Page 2 of 2

Revision: 03 Effective Date: 04/15/24

Acquisition ID#: VA-24-00090974

Accordingly, Lochinvar brand is the only brand acceptable in providing the supplies and services described in Section III above without the Veteran’s Health Administration being exposed to significant safety risk.

6. Description of Efforts Made to ensure that offers are solicited from as many potential sources as deemed practicable:

A Sources Sought notification was posted to System for Award Management (SAM) describing the project on July 25, 2024. Also, the solication notice will be posted to SAM for the broadest pool of potentential offerors. Because this procurement action will be competed, Certified Cost and Pricing Data is not required (FAR 15.403-1(b)(1).

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

Reasonable:

A fair and reasonable price will be accomplished by competitive proposals in response to a solicitation published on SAM.gov.

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

Reasons Market Research Was Not Conducted:

Market research found that Lochinvar does not have certified dealers and/or installers. Any qualifying offeror under NAICS 238220, Plumbing, Heating and Air Conditioning

Contractors, should be able to purchase and install this equipment. This project will therefore be competed on the open market. As described in Section 6 above, market research, in accordance with FAR Part 10, was conducted by synopsis of the proposed acquisition, advising industry of the pending acquisition and soliciting inquiries from interested parties.

9. Any Other Facts Supporting the Use of Other than Full and Open Competition:

None.

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

To date of this writing, there have been no responses to the Sources Sought notification posted on SAM. However, there are currently 1,866 SDVOSB and VOSB businesses that are register to the Small Business Veteran Certification with this NAICS code that could potentially be interested.

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:

Because of the safety risks of mixing boiler manufacturer components, it is anticipated that need to mantian consistent systems will continue for the foreseeable future. This requirement is not unique to the VHA but rather an industry standard.