P03-JA Brand Name Only-Dallas Dish Machine-CO-BC signed-redacted.pdf

DEPARTMENT OF VETERANS AFFAIRS

SOLE SOURCE JUSTIFICATION UNDER SIMPLIFIED PROCEDURES FOR CERTAIN COMMERCIAL

ITEMS IN ACCORDANCE WITH FAR 13.5

Justification and Approval (J&A) For

Other Than Full and Open Competition (>SAT)

Acquisition Plan Action ID: 36C257-25-AP-0077 JOFOC Log Number: FY25 10/09/2024 3:43

Contracting Activity: Department of Veterans Affairs, VISN 17, for the VA North Texas Health Care System, Nutrition and Food Services, 4500 South Lancaster Road, Dallas, TX 75216. Purchase Request Number: 549-25-1-205-0031. Dallas Dish Machine.

Nature and/or Description of the Action Being Processed: This procurement is for a new firm-fixed price contract for the acquisition of Brand Name Only Dish Machine in accordance with FAR 13.5 Simplified Procedures for Certain Commercial Items. The VA North Texas Health Care System is upgrading all dish machines; these items will be used by Nutrition and Food Service for their dishwashing needs. Scope of work will consist of removing existing dishwasher, Blower Dryer, and Steam Booster. Cut portion of clean end table so unit can be removed. Replace with new unit and add in a Water Softening System and disposal of old dishwasher and components, IAW SOW.

Description of Supplies/Services Required to Meet the Agency’s Needs: Purchase of one (1) dishwasher, conveyor type, to include installation and disposal of existing dish machine. The total estimated value of the acquisition is (no options), and the estimated delivery dates are 120 ARO. Description of supplies and salient characteristics include:

Dishwasher, flight type Hobart Model No. FT1000SE+BASE (10037668) Low energy series base model without power rinse flight type dish machine 58 gallons of final rinse consumption per hour and components listed in SOW.

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): This is a Brand Name Only Requirement for Dishwasher, flight type, Hobart Model No. FT1000SE+BASE (10037668). Market research conducted concluded that there is no other brand name that is capable of meeting the needs of the requirement. Must be Hobart to match up with the existing plumbing/electrical.

Hobart is the manufacturer of equipment across VA North Texas. To meet the volume of ware washing and the pre-existing utilities the Hobart brand must be utilized. Hobart is also the brand that is most widely used with vendors for repairs, including the in-house engineering team. Parts and labor are readily available for Hobart products, which cannot be said of other brands.

6. Description of Efforts Made to ensure that offers are solicited from as many potential sources as deemed practicable: The manufacturer of the required dish machine offers Government buyers to purchase through its distributors. Hobart has provided information stating that there are several SDVOSB’s that are authorized to re-sell and service all of Hobart’s equipment to be installed.

7. Determination by the CO that the Anticipated Cost to the Government will be Fair and Reasonable: The Contracting Officer has determined that the anticipated cost will be fair and reasonable by comparing three informal quotes submitted. Pricing will be verified using historical data of similar previous purchases made by the VA and different government agencies from Hobart.

8. Description of the Market Research Conducted and the Results, or a Statement of the Reasons Market Research Was Not Conducted: IAW Veterans First Program, 38 U.S.C 8127, Rule of Two, market research was conducted using FPDS and VIP. The contracting officer conducted a sources sought that yielded 6 SDVOSB vendors that could be capable of providing this requirement.

Based on market research conducted, the VA’s Rule of Two has been met. The data supports setting aside the procurement to Total Set-Aside for SDVOSB in accordance with VAAR 819.7006

Buy American Statute: Hobart Model No. FT1000 flight type dish machines are manufactured in Troy, Ohio. There are domestic end products and services available for this acquisition.

The Trade Agreement Act and in accordance with FAR 25.401, this does not apply to acquisitions set aside for small businesses (This will be set aside for SDVOSB).

9. Any Other Facts Supporting the Use of Other than Full and Open Competition: Hobart is the manufacturer of dish machine equipment across VA North Texas. To meet the volume of ware washing and the pre-existing utilities the Hobart brand must be utilized. Hobart is also the brand that is most widely used with vendors for repairs, including the in-house engineering team

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