Justification for Other Than Full and Open Competition - Front End Loaders_Redacted.pdf

Request for SDVOSB/VOSB Sole Source Justification Format IAW VAAR 819.7008/9

VHAPG Part 819.7008/7009 Sole Source Awards to SDVOSB/VOSB Page 1 of 5 Revision: 05 Effective Date: 12/15/2025

DEPARTMENT OF VETERANS AFFAIRS

Justification and Approval (J&A) For

Other Than Full and Open Competition

Acquisition Plan Action ID: 36C242-26-AP-2735

1. Contracting Activity: Department of Veterans Affairs, VISN 02, on behalf of the Batavia VA Medical Center (VAMC).

Purchase Request Number: 528-26-3-4087-0020.

2. Nature and/or Description of the Action Being Approved: The proposed brand name only Blanket Purchase Agreement (BPA) Call against BPA 36C24124A0079 is for a firm-fixed price effort for the procurement of two (2) John Deere 544 P-Tier Wheel Loaders for the Grounds and Transportation division at the Batavia VAMC. These are a replacement for their existing two (2) John Deere 544k Wheel Loaders that are now end of life.

3. Description of Supplies/Services Required to Meet the Agency’s Needs: The proposed action is to provide the Batavia VAMC with two (2) John Deere 544 P-Tier Wheel Loaders. The new equipment will replace existing John Deere 544k Wheel Loaders that are end of life. These wheel loaders will be used primarily for heavy material handling, seasonal snow removal, and general campus infrastructure maintenance. Typical VA usages include:

Application Area Loader Role Benefit to VA Operations Landscaping & grounds care Material handling, grading, loading Supports daily beautification and maintenance tasks

Snow & ice control Plowing/snow bucket operations

Ensures safe facility access in winter

Maintenance & infrastructure Excavation, site prep, trenching

Assists non-recurring maintenance and repair projects

Equipment is to be delivered within 90 days after receipt of order. The estimated dollar value of the proposed action is .

4. Statutory Authority Permitting Other than Full and Open Competition: 41 USC §3304(a)(5), 38 U.S.

Code § 8127(c), as implemented by RFO 6.103-5 (Authorized or Required by Statute). COs may use the non-competitive (sole source) procedures authorized in VAAR 819.7008 (DEVIATION) or VAAR

819.7009 (DEVIATION)- up to $5,000,000. Check the specific VAAR clause used below:

(X) 819.7008 Sole source awards to a certified service-disabled veteran-owned small business; or ( ) 819.7009 Sole source awards to a certified veteran-owned small business

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5. Demonstration that the Contractor’s Unique Qualifications and/or Nature of the Acquisition Requires the Use of the Authority Cited Above (applicability of authority):

The Batavia VAMC requires a wheel loader that integrates seamlessly with its existing grounds equipment fleet and supports ongoing operational efficiency, cost-control, and safety.

Standardization of a single manufacturer is critical to the facility’s ability to maintain reliable grounds operations throughout the year.

Batavia already relies on a fully established lineup of John Deere grounds equipment, including multiple lawn tractors and a wide array of compatible landscaping, salting, snow-removal, and grounds maintenance attachments. These attachments are designed specifically for John Deere equipment and do not use universal quick-attach systems. As a result, they can only be used with other John Deere models of similar design. Procuring the John Deere 544 P-Tier wheel loader ensures that these existing assets remain fully usable and that the Grounds Department can continue to leverage the substantial government investment already made in John Deere-specific implements.

Introducing a non-John Deere machine would create significant additional cost to the government.

Because the current attachments are not quick-attach compatible, a different manufacturer’s loader would be unable to interface with them. This would force the VA to purchase an entirely new line of accessories, like snow blades, buckets, spreaders, forks, and other specialized implements, solely to make the replacement machine functional. Beyond the acquisition cost of new attachments, this would introduce logistical burdens, complicate maintenance workflows, require multiple vendor support structures, and undermine the standardization practices that the facility depends on to maintain predictable equipment operation and reduce downtime.

The John Deere 544 P-Tier is also a direct continuation of the models the Batavia Grounds Department already operates. This procurement replaces aging units while expanding capability in a way that preserves operator familiarity, streamlines training, and supports consistent maintenance procedures. Maintaining a uniform equipment fleet ensures safer operation, reduces operational complexity, and eliminates compatibility risks that arise when different manufacturers’ systems, controls, and mechanical interfaces are introduced into a standardized workflow.

Accordingly, the John Deere 544 P-Tier wheel loader is the only product capable of meeting the operational, financial, and standardization requirements of the Batavia VAMC. Any deviation would result in unnecessary additional Government expenditure, reduced operational efficiency, and equipment incompatibility that would negatively impact essential grounds and facility maintenance activities. The additional Government expenditure would not be recovered through competition.

The authority cited above allows sole source awards to SDVOSB based on 38 U.S.C. 8127(c) and the SDVOSB concern has been determined to be a responsible source with respect to performance.

Additionally, the business meets the eligibility requirements in 819.7003.

6. Description of Efforts Made to ensure that offers are solicited from as many potential sources as deemed practicable, including whether a notice was or will be publicized as required by RFO 6.301 and, if not, which exemption under RFO 5.101(b)(1) applies:

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As stated in Section 5 above, the John Deere 544 P-Tier Wheel Loader is the only brand and model of wheel loader that meets the needs of the Batavia VAMC. As noted in Section 8 below, this equipment is on a VA BPA that is available for use by NCO 2. The CO has determined that utilizing an already established BPA is in the Government’s best interest because it will save time, reduce administrative burden, and leverage pre-negotiated terms and pricing.

IAW FAR 5.101(b)(2), a presolicitation notice is not required to be posted because other than full and open competition procedures are being used. IAW RFO 6.301, this justification will be posted to the Government Point of Entry (GPE) within 14 days after contract award.

7. Determination by the CO that the Anticipated Cost to the Government will be Fair and Reasonable: A search of ADDS Up revealed prices for similar John Deere wheel loaders purchased by the VA typically range from $317,428.00 to $420,898.00. Orders under BPA 36C24124A0079 range in value from $240,299.00 - $420,898.00 per device for similar John Deere wheel loaders.

During market research efforts the program office obtained an unofficial quote from that quoted a total of for the exact John Deere 544 P-Tier wheel loaders the Government is looking to purchase. Based on this initial response from Industry, and because this requirement will be procured as an order under an established BPA, the quote received from the BPA holder is expected to be in line with what the VA has historically paid for such equipment.

8. Description of the Market Research Conducted and the Results, or a Statement of the Reasons Market Research Was Not Conducted:

Requirements package included a quote from Five Star Equipment (Large Business) for the two (2) John Deere 544 P-Tier Wheel Loaders required by the Batavia VAMC.

A search of SBA’s Small Business Search using keywords “John Deere 544” returned 74 results for SDVOSB contractors; however almost all of these contractors appeared to be irrelevant and merely had “John” in their business name or capabilities narrative. Filtering the results using NAICS code 333120 reduced the results to one contractor – Equipment Oahu LLC. A review of their website confirmed they sell earth moving equipment, however it doesn’t appear they sell the John Deere 544.

A search of ADDS UP using keywords “John Deere 544” returned 55 relevant contract actions awarded to SDVOSBs. 51 of these were awarded to Bravo, Inc; 3 were awarded to Juliet Construction, LLC; and 1 was awarded to Amish Furniture by David LLC. The contract actions awarded to Juliet Construction and Amish Furniture by David were not for the John Deere 544 P-Tier Wheel Loader required by Batavia. This search also revealed that VA’s NCO 1 has an active BPA for John Deere machines and attachments. BPA 36C24124A0079 covers VISNs 1,2,4, & 5, and names Bravo, Inc as the sole provider. The BPA product list was forwarded to the Batavia VAMC POCs for review, and they confirmed the two (2) John Deere 544 P-Tier Wheel Loaders were available on this

BPA.

Bravo, Inc meets the eligibility criteria outlined in VAAR 819.7003, they are certified in SBA’s Small Business Search, and the proposed action is below the $5M threshold.

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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.

Jonathan Kilgore Date Contracting Officer

NCO 2

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

JONATHAN

KILGORE

Digitally signed by

JONATHAN KILGORE

Date: 2026.08.04 13:40:50 -04'00'