P03- LSJ 2023 Finger Lakes JD Gator UTVs 3.29.23.pdf

VHAPM Part 808.405-6 Limiting Sources Attachment 1: Justification for Limiting Sources for Micro-Purchase Threshold up to the SAT

VHAPM Part 808.405-6 Limiting Sources Page 1 of 5 Original Date: 08/30/2017 Revision 02 Eff Date: 02/21/2020

DEPARTMENT OF VETERANS AFFAIRS

FAR 8 – Justification for Limiting Sources (LSJ) For

Limiting Sources (<SAT)

Acquisition Plan Action ID: 36C242-23-AP-1438 & 36C242-23-AP-1437

1. Contracting Activity: Department of Veterans Affairs, Network/Program Contracting Office 2, located at 2875 Union Road, Cheektowaga, NY 14227 in support of VISN 2, VA Finger Lakes Healthcare System, located at Bath Campus, 76 Veterans Ave, Bath, NY 14810, and Canandaigua Campus, 400 Fort Hill Avenue, Canandaigua, NY 14424.

2237: 528-23-2-6085-0069 & 528-23-2-6087-0039

2. Description of Action: One (1) new brand name 2023 John Deere Gator XUV835R For Bath Pharmacy Department & One (1) new brand name 2023 John Deere Gator XUV865M Diesel for the Canandaigua facility.

Order against: FSS Contract Number: GS-30F-0007T

Name of Proposed Contractor: Deere & Company Street Address: 2000 John Deere Run City, State, Zip: Cary, NC 27513 Phone: 585-637-3700

3. Description of Supplies or Services: One (1) new brand name 2023 John Deere Gator XUV835 and (1) brand name 2023 John Deere Gator XUV865M.

The Bath VAMC Pharmacy Department needs one (1) new brand name 2023 John Deere Gator XUV835R for use on the Facilities to assist the workload of the department. The current utility vehicle that was used by the pharmacy department has been deemed as scrap based on the engineering review of it being unrepairable.

1. Bath Pharmacy Department: 2023 John Deere Gator XUV835R 27” Predator Heavy-Duty all-terrain radial tires on 14” yellow alloy wheels.

Tan cloth – Split Bench Seat Park Position in Transmission Green and Yellow Cargo Box with Spray in Liner, Brake, and Taillights.

VHAPM Part 808.405-6 Limiting Sources Page 2 of 5 Original Date: 08/30/2017 Revision 02 Eff Date: 02/21/2020

Cargo Box Power Lift Full Door with Side Mirrors Premium HVAC Cab with Green Roof Heavy Duty AM/FM, weatherband, auxiliary input, Bluetooth radio Speaker Kit, Base Radio

The Canandaigua Engineering Department needs one (1) new brand 2023 John Deere Gator XUV865M diesel Utility Vehicle for use on the Canandaigua facility to assist the workload of the department. with the following specifications.

• 2023 John Deere Gator XUV865M

• 27” Predator Heavy-Duty all-terrain radial tires on 14” yellow alloy wheels.

• Split Bench Seat – Black Vinyl

• Park Position in Transmission

• Green and Yellow

• Cargo Box with Spray in Liner, Brake, and Taillights.

• Cargo Box Power Lift

• Manual Lift

• Full Door with Side Mirrors

• HVAC Cab

• Adapter Parts for Engine Coolant Heater (110V)

• Horn Kit

The one (1) brand name 2023 John Deere Gator XUV865M for procurement is requested for ease of the Facility who currently have a fleet of more than 8 between the Canandaigua VA and Bath VA of the Finger Lakes Healthcare System whose attachments can be used and transferred to this model such as numerous Straight Blade Plows, V-Blades Plows, and Commercial Snowblowers that can be interchanged if needed. These attachments that can be used will save the facility time and money from having to buy new attachments that perform the same function if a different Utility Vehicle were to be purchased. This will help with keeping equipment inventories clean of useless equipment which ties up funding on the station. Not only do we save time and money with the attachments, but this also will come in use if any parts are needed to transfer or for mechanical repairs. Bath and Canandaigua keep an inventory of parts if repairs are needed on the John Deere Gators.

Market Research was conducted for a similar requirement and was awarded in January 2023 with the following results:

Conducted search on VIP using NAICS code 336999 (All Other Transportation Equipment Manufacturing) keyword: “John Deere” yielded (1) one SDVOSB/ VOSB Vendor. That vendor, Bravo, is authorized dealer of John Deere vehicles.

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Revision 02 Eff Date: 02/21/2020

Conducted search on SBA DSBS using NAICS 336999 (All Other Transportation Equipment Manufacturing) keyword: “John Deere” yielded 7 potential vendors.

Conducted search on GSA using keyword: “John Deere” and product number “XUV835R” yielded one (1) result. The OEM, Deere & Company (Large Business) with a GSA contract.

Contacted OEM Deere & Company regarding SDVOSB/VOSB vendors/dealers for the area of BATH zip code 14810. They provided a letter that confirms Bravo is an authorized reseller. OEM also provided letters stating LandPro Equipment and Lindsay Equipment, both of which are small business, are authorized dealers of John Deere equipment but can only generate quotes on behalf of Deere & Company.

Budgetary quote from Bravo Inc. was 12% higher than the GSA scheduled price and therefore, not considered fair and reasonable.

This Market Research and procurement strategy was approved by SBL on 12/27/2022.

4. Authority:

Order Against FSS: Authority of the Multiple Award Schedule Program, Title III of the Federal Property and Administrative Services Act of 1949 (41 USC 251, et seq.); Title 40 USC 501, Services for Executive Agencies; and Section 803 of the National Defense Authorization Act of 2002 (PL 107-107) and implemented by FAR 8.405-6. Mark the applicable exception:

An urgent and compelling need exists, and following the procedures would result in unacceptable delays(FAR 8.405-6(a)(1)(i)(A);

Only one source is capable of providing the supplies or services required at the level of quality required because the supplies or services are unique or highly specialized;

(FAR 8.405-6(a)(1)(i)(B));

In the interest of economy and efficiency, the new work is a logical follow-on to an original Federal Supply Schedule order and the original order was placed in accordance with the applicable Federal Supply Schedule ordering procedures. The original order was not previously issued under sole-source or limited-sources procedures (FAR 8.405- 6(a)(1)(i)(C)); or

Items peculiar to one manufacturer. An item peculiar to one manufacturer can be a particular brand name, product, or a feature of a product, peculiar to one manufacturer). A brand name item, whether available on one or more schedule contracts, is an item peculiar to one manufacturer (FAR 8.405-6(b)).

5. Rationale/explanation to support cited authority:

VHAPM Part 808.405-6 Limiting Sources Page 4 of 5

Revision 02 Eff Date: 02/21/2020

The Bath VAMC is a campus-style facility with many buildings on 210 acres of land, 6.7 miles of roadway and 4.2 miles of sidewalk that warrant the use of the 2023 John Deere Gator XUV835R.

Considering the number of attachments, the station currently possesses that are John Deere XUV835R specific such as Straight Plows, V-Blade Plows, commercial Snowblowers and Brooms procuring the 2023 John Deere Gator XUV835R makes the most economic sense to prevent the facility from having to buy the same attachments or parts over again that would only pertain to a different manufacturer of a Utility Vehicle. This would make those current attachments obsolete for the facility to use requiring replacements that are very expensive to purchase. The benefit to the facility from an operational and fiscal standpoint is that these attachments are interchangeable getting multiple uses on current John Deere equipment the facility owns. In other words, the using service’s workload will not come to a halt because of equipment failure, immediate repair, or regular servicing needs. Certainly, there are other competitors who offer equipment that can perform the same functions as the 2023 John Deere XUV835R, however, the ability to interchange major components is an operational advantage that cannot be undervalued. For the Bath VAMC to consider other manufacturer’s equipment would render the John Deere’s attachments and parts useless and to replace it with like equipment from another manufacturer would be gross misuse of government funds, not cost effective, and a poor business decision. The Pharmacy Department mission at the Bath VAMC is a major year-round operation. The best decision is to remain consistent with the brand name that the facility is using effectively and efficiently for many years.

The Canandaigua VAMC is a campus-style facility with many buildings, 2 miles of roadway and 4 miles of sidewalk that warrant the use of the 2023 John Deere Gator XUV865M. Considering the number of attachments, the station currently possesses that are John Deere Gator specific such as the Straight Blade Plows, V-Blades Plows, Commercial Snowblowers and Brooms procuring the 2023 John Deere Gator XUV865M makes the most economic sense to prevent the facility from having to buy the same attachments over again that would only pertain to a different manufacturer of a Utility Vehicle. This would make those current attachments obsolete for the facility to use requiring replacements that are very expensive to purchase. The benefit to the facility from an operational and fiscal standpoint is that these attachments are interchangeable getting multiple uses on current John Deere equipment that the facility owns. In other words, the Engineering Departments workload will not come to a halt because of equipment failure, immediate repair, or regular servicing needs. Certainly, there are other competitors who offer equipment that can perform the same functions as the 2023 John Deere XUV865M, however, the ability to interchange major components is an operational advantage that cannot be undervalued. For the Bath VAMC to consider other manufacturer’s equipment would render the John Deere’s attachments and parts useless and to replace it with like equipment from another manufacturer would be gross misuse of government funds, not cost effective, and a poor business decision. The Engineering Departments mission at the Canandaigua VAMC is a major year-round operation. The best decision is to remain consistent with the brand name that the facility is using effectively and efficiently for many years.

VHAPM Part 808.405-6 Limiting Sources Page 5 of 5

Revision 02 Eff Date: 02/21/2020

6. Note that this determination satisfies the requirements of FAR 8.405-6. The requirement to prepare a written justification IAW FAR 6.303 does not apply to Federal Supply Schedules.

Tracy M. Vega Myra F. Green Contract Specialist Contracting Officer/Designee Buffalo/NCO 02/PCO FACILITY/NCO 02/PCO Date: _______________ Date: _______________

Tracy M. Vega 3629870

Digitally signed by Tracy M. Vega 3629870 Date: 2023.03.28 14:25:04 -04'00'

Myra Florisa N.

Green 742176

Digitally signed by Myra Florisa N. Green 742176 Date: 2023.03.29 11:26:25 -04'00'