P03_36C25524AP1154_JA_CO complete.pdf

VHAPG Part 813.5 Simplified Acquisition Procedures for Certain Commercial Items Attachment 1: Request for Sole Source Justification >SAT-$7.5M under FAR13.5

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:_ 36C255-24-AP- ________________________

1. Contracting Activity: Department of Veterans Affairs, Network/Program Contracting Office NCO 15, located at Leavenworth, in support of VISN 15 VA Health Care System at Harry S. Truman Memorial Veterans’ Hospital in Columbia, MO. Requisition# 589-24-3-5329-0040

2. Nature and/or Description of the Action Being Processed: New firm fixed-price acquisition for compliance with the Joint Commission patient and life safety, and NFPA requirements for the installation,maintenance, inspection, testing, and repair of the emergency and standby generators located at Truman VA in Columbia, MO.

3. Description of Supplies/Services Required to Meet the Agency’s Needs: The estimated value of the proposed action is $363,520.00 for a new, base plus four option years, acquisition. The period of performance will be 06/11/2024 thru 06/10/2029. This acquisition is for the critical upgrades and annual maintenance and monthly testing of the emergency and standby generators in compliance with Joint Commission, NFPA requirements, and manufacturer’s guidelines. Includes repairs to upgrade the control panels on the Caterpillar generators for improved service and provide remote annunciators per NFPA 110 requirements.

Provide full maintenance per manufacturer guidelines for annual and monthly maintenance and testing. Acquisition includes the purchase and installation of two (2) remote annunciators and two (2)new instrument control panels with associated upgrades.

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 ( ) 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): Services shall be provided by a Caterpillar authorized contractor. The replacement of the control panels shall be provided and performed by a certified Caterpillar contractor due to the required knowledge and training to work on the equipment. The emergency generators in place are Caterpillar brand provide service to the Columbia, VAMC. The electro-mechanical control panels and remote annunciators shall be provided by a certified Caterpillar contractor to maintain the necessary manufacturer’s warranty. The

Effective Date: 02/01/2022 Page 2 of 4 emergency genrators are highly specialized equipment supporting critical life safety and patient life support systems in the event of power loss. The acquisition of certified Caterpillar parts is essential to the Government’s requirements meeting compatibility with existing Caterpillar generators, thereby precluding consideration of a product manufactured by another company. Fabick Cat is solely authorized to perform warranty, perventative maintenance, and repairs for all Caterpillar® products within the service region of Wisconsin, Michigan Upper Peninsula, portions of Illinois, and portions of Missouri.

Accordingly, Fabick Cat is the only firm capable of providing the supplies and services described in Section II above without the Veteran’s Health Administration experiencing substantial duplication of cost that couldn not be expected to e recovered through competition.

6. Description of Efforts Made to ensure that offers are solicited from as many potential sources as deemed practicable: Conducted Internet search of companies with experience performing maintenance on caterpillar generators located within one-hour of the Truman VA in Columbia, MO.

Results provided one company, Fabick Power Systems. A source sought 589-24-3-5329-0040 was posted to SAM.gov on 26 Jan 24. The results of the sources sought revealed only one response of interest, Fabick Power Systems. Through search on VetCert only one SDVOSB located in Missouri had generator experience but they do not have the required Caterpillar factory training and experience., nor were they an authorized distributor of Caterpillar products.

Fabick Cat is solely authorized to perform warranty, preventative maintenance, and repairs for all Caterpillar® products within the service region of Wisconsin, Michigan Upper Peninsula, portions of Illinois, and portions of Missouri.

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

Prices offered were compared to the cost of numerous other existing contracts with similar performance requirements.

8. Description of the Market Research Conducted and the Results, or a Statement of the Reasons Market Research Was Not Conducted: Conducted Internet search of companies with experience performing maintenance on caterpillar generators located within one-hour of the Truman VA in Columbia, MO. Results provided one company, Fabick Power Systems. Through search on VetCert only one SDVOSB located in Missouri had generator experience but they do not have the required Caterpillar factory training and experience.

Fabick Cat is solely authorized to perform warranty, preventative maintenance, and repairs for all Cat® products within the service region of Wisconsin, Michigan Upper Peninsula, portions of Illinois, and portions of Missouri.

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: Fabick Cat is solely authorized to perform warranty, perventiative maintenance, and repairs for all Cat® products within the service region of Wisconsi, Michigan Upper Peninsula, portions of Illinois, and portions of Missouri. Fabrick position is supported by an authorized distributor letter issued by Caterpillas Inc., Great Lakes Region.

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

Fabick Cat has expressed interest in this acquisition and sole respondent to Sources Sought.

Effective Date: 02/01/2022 Page 3 of 4

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: The emergency genrators are highly specialized equipment supporting critical life safety and patient life support systems in the event of power loss. Fabick Cat is solely authorized to perform warranty, perventative maintenance, and repairs for all Cat® products within the service region of Wisconsin, Michigan Upper Peninsula, portions of Illinois, and portions of Missouri.

Accordingly, Fabick Cat is the only firm capable of providing the supplies and services described in Section II above without the Veteran’s Health Administration experiencing substantial duplication of cost that couldn not be expected to recovered through competition. There were no additional action taken to remove barriers to competition at this time. In order to preserve critical warranty support, it is critical for the services to be performed by qualified authorized Caterpillar agents. Until and when the warranty periods have expired, it most advantageous and critical to the Government to retain the services of Caterpillar agents.

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.

Sarah Hamilton Date Supervisory, General Engineer Harry S. Truman VAMC

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.

Date

Contracting Officer

NCO-15

Sarah Hamilton

SUSAN

MILLER

Digitally signed by

SUSAN MILLER

Date: 2024.04.12 11:00:33 -05'00'

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

b. One Level Above the Contracting Officer (Required over SAT but not exceeding $750K): I certify the justification meets requirements for other than full and open competition.

Philip Bouffard Date Branch Cheif

NCO-15

PHILIP

BOUFFARD

Digitally signed by PHILIP

BOUFFARD

Date: 2024.04.12 11:17:24 -05'00'