P03. FAR 13.5 Sole Source Justification-36C263-25-AP-1569.pdf

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

Effective Date: 11/15/24 Page 1 of 3

REVISION: 01

Acquisition ID#:

DEPARTMENT OF VETERANS AFFAIRS

SOLE SOURCE JUSTIFICATION UNDER SIMPLIFIED PROCEDURES FOR CERTAIN COMMERCIAL

ITEMS IN ACCORDANCE WITH FAR 13.5

Acquisition Plan Action ID: 36C263-25-AP-1569

1. Contracting Activity: Department of Veterans Affairs

Network Contracting Office 23, 1303 5th St, STE 300, Coralville, IA 52241 VISN 23, St Cloud VA Medical Center at 4801 Veterans Drive, St Cloud, MN 56303.

2237 Number: 656-25-3-0236-0388

2. Nature and/or Description of the Action Being Processed: This procurement is for a firm-fixed price contract for annual maintenance on the emergency generators at the St Cloud VA Medical Center, 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.

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

The estimated value of the proposed action is $63,242.00 Base Year and $354,278.14 with All Four Option Years.

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): The St. Cloud VA has six Caterpillar generators that require annual maintenance. Caterpillar generators are known for their longevity and can operate for several decades when properly maintained. Regular maintenance according to the manufacturer's guidelines is crucial for optimum performance. Caterpillar certified technicians have the proper training, tools, parts and understand the intricacies to accurately service the Caterpillar generators. The St. Cloud VA must use caterpillar certified technicians to sustain

Effective Date: 11/15/24 Page 2 of 3

Acquisition ID#:

optimal generator performance, extend the life cycle and safeguard the manufacturer warranties.

Ziegler Inc. is the only authorized Caterpillar dealer in Minnesota that provides Caterpillar certified technicians.

6. Description of Efforts Made to ensure that offers are solicited from as many potential sources as deemed practicable: Communication with Caterpillar revealed that Ziegler Inc, is the only authorized Caterpillar dealer in Minnesota that provides Caterpillar Certified Technicians.

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

Reasonable: The estimated amount was calculated based on the prices from the current contract 36C26320C0137 with a 3 % increase. The cost calculations had to be adjusted because the number of generator needing the changed from 11 generators to 8 generators. The cost of the previous contract 36C26320C0137 was determined to be fair and reasonable.

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

Market Research Was Not Conducted: Communication with Caterpillar revealed that Ziegler Inc, is the only authorized Caterpillar dealer in Minnesota that provides Caterpillar Certified Technicians.

Therefore limited market research was conducted.

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

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

Dealer of Caterpillar.

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: There are no barriers to competition that the Government could exercise without replacing all of the generator equipment in the hospital, as the manufacturer dictates who is authorized to complete warranty maintenance on their equipment.

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.

Patricia Bienusa Date Acquisition Utilization Specialist St. Cloud VA Health Care System

Effective Date: 11/15/24 Page 3 of 3

Acquisition ID#:

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.

John Milroy Date Contracting Officer

NCO23, SST1

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.

Curt LaRose Date Branch Chief, SST1

NCO 23

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Date19_af_date: 4/18/25