PM_Part806.3_Atch5_FAR6_JA_OVER_SAT_signed by COR-CO-BC (Redacted).pdf

VHAPM Part 806.3 Other Than Full and Open Competition (OFOC) SOP Attachment 5: Request for Sole Source Justification Format >SAT

OFOC SOP Revision 12 Page 1 of 3 Original Date: 03/22/11 Revision 12 Date: 01/10/2022

DEPARTMENT OF VETERANS AFFAIRS

Justification and Approval (J&A) For

Other Than Full and Open Competition (>SAT)

Acquisition Plan Action ID: 36C242-22-AP-0785

1. Contracting Activity: Department of Veterans Affairs, VISN 02, Buffalo VA Medical Center, 3495

Bailey Avenue, Buffalo, NY 14215 and Batavia VA Medical Center, 222 Richmond Avenue, Batavia, NY 14020.

2237#: 528-22-3-4895-0030

2. Nature and/or Description of the Action Being Processed: The WNY VA Healthcare System seeks a service agreement to perform semi-annual boiler combustion tuning, boiler efficiency institute testing, balancing, and calibration services on four (4) boilers at the Buffalo VAMC and four (4) boilers at the Batavia VAMC.

3. Description of Supplies/Services Required to Meet the Agency’s Needs: This procurement is to provide a service agreement to calibrate and tune the Cleaver-Brooks boiler system at the Buffalo VAMC and the Batavia VAMC. Only authorized vendors by Cleaver-Brooks shall perform services on theequipment listed in the Scope of Work (SOW). An authorized service provider database on the Cleaver-Brooks website, uploaded in the ECMS contract file, states that the only authorized service provider for Bufallo/Batavia area is B.J. Muirhead. Furthermore, a proprietary letter from Cleaver- Brooks has been uploaded to the ECMS contract file states that B.J. Muirhead is the only company to service the boilers in question.

4. Statutory Authority Permitting Other than Full and Open Competition:

(X) (1) Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements per 41 USC §3304(a)(1) as implemented by FAR 6.302-1;

( ) (2) Unusual and Compelling Urgency per 41 USC §3304(a)(2) as implemented by FAR 6.302-2;

( ) (3) Industrial Mobilization, Engineering, Developmental or Research Capability or Expert Services per 41 USC §3304(a)(3) as implemented by FAR 6.302-3;

( ) (4) International Agreement per 41 USC §3304(a)(4) as implemented by FAR 6.302-4 ( ) (5) Authorized or Required by Statute per 41 USC §3304(a)(5) as implemented by FAR 6.302-5;

( ) (6) National Security per 41 USC §3304(a)(6) as implemented by FAR 6.302-6;

( ) (7) Public Interest per 41 USC §3304(a)(7) as implemented by FAR 6.302-7;

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

Due to patents and copyrights only authorized service providers are authorized to service Cleaver- Brooks boiler systems. B.J. Muirhead is the only authorized service provider for Erie and Genesee Counties, NY.

6. Description of Efforts Made to ensure that offers are solicited from as many potential sources as deemed practicable: A VIP search using NAICs code 811310 and keyword “Cleaver-Brooks” did not

OFOC SOP Revision 12 Page 2 of 3

Revision 12 Date: 01/10/2022 identify any SDVOSB nor VOSBs that cold possibly fulfill this requirement. A second search using keyword “boiler calibration” identified one (1) VOSB (Control Systems Services, INC.) and one (1) SDVOSB (Faraday Electric Motors, LLC.), however neither of these vendors are authorized service providers for Cleaver-Brooks boilers in the upstate New York area.

A search of GSA eLibrary using the keywords “Cleaver-Brooks” did not identify any vendors that could fulfill this requirement. A second search using keywords “boiler calibration” also did not identify any vendors that could fulfill this requirement.

A search of SBA QMR tool using NAICs code 811310 and keyword “Cleaver-Brooks” did not identify any vendors that could possibly fulfill this requirement. A second search using NAICs code 811310 and keyword “boiler calibration” also did not identify any vendors that could possibly fulfill this requirement.

A google search using keywords “Cleaver-Brooks boiler service” identified a service representative portion of the Cleaver-Brooks website, in which the only authorized service provider is B.J.

Muirhead.

An intent to sole source notice (36C24222Q0307) was posted on 1/11/2022 and closed out 1/18/2022 with two (2) responses from interested vendors (Venergy Group, LLC. (SDVOSB) and Caldaia Controls, LLC (SDVOSB)), though not authorized to provide service for Cleaver-Brooks in the Buffalo/Batavia territory.

A proprietary memo was submitted with the package from Cleaver-Brooks, noting the patents and copyrights that pertain to their boiler systems, and the only authorized service provider of the Buffalo/Batavia territory. B.J. Muirhead, a small business, is listed in this memo and their online database as the sole authorized service provider capable of fulfilling this requirement.

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

Reasonable: Price reasonableness was determined by comparing the vendors quoted price to the previous procurements (36C24219P1012: 4/1/2019 to 3/31/2022) and (36C24219P1094: 5/1/2019 to 4/30/2022). 36C24219P1012 had an annual price of $29,988.00. 36C24219P1094 had an annual price of $28,351.75. The total annual cost of the previous procurement for the Cleaver-Brooks boiler system totaled $58,339.75. The total contract value including two (2) option years was $167,284.75.The annual cost quoted by B.J. Muirhead for the replacement service agreement is $55,014.75, a decrease of $3,325.00 (5.6 percent) over the current service agreements on the exact same equipment; therefore, the price is 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:

See Section 6.

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:

• Venergy Group, LLC. (SDVOSB), 3130 Seminole Road, Fort Pierce, FL 34951

VHABANNORTHN

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OFOC SOP Revision 12 Page 3 of 3

Revision 12 Date: 01/10/2022

• Caldaia Controls (SDVOSB), 71 Mid Cape Tier, Suite 3, Cape Coral, FL 33991

• B.J. Muirhead (SB), 115 Mid County Drive, Orchard Park, NY 14127

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: None, as the reason for this sole source are patents and copyrights associated with Cleaver-Brooks.

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.

Jerome Okonzak Date Maintenance Mechanic Buffalo VA Medical Center

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.

Michael Spivack Date Contracting Officer RPO East, NCO 2 Contracting Office

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.

Cheryl Brimmer Date Services Team 1 Branch Chief

RPO East, NCO 2 Contracting Office

02/10/2022 https://dvagov.sharepoint.com/sites/VHAProcurement/VHAPM/VHAPM_Part_806.3.aspx