Sole Source Justification Document Frigid Fluid Lowering Devices.pdf

JUSTIFICATION FOR OTHER THAN

FULL AND OPEN COMPETITION (JOFOC)

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1. Agency/Contracting Activity: Department of Veterans Affairs, National Cemetery Administration, Contracting Services, is procuring on behalf of the National Cemeteries.

2. Description of action:

Nature: New Requirement Follow-on Requirement Mod to Existing Purchase Order/Contract Number:

Pricing: Firm-Fixed Price Time & Materials Cost

Proposed Contractor: FRIGID FLUID COMPANY Street Address: 11631 W GRAND AVE City, State, Zip: MELROSE PARK, IL 60164-1302 Phone: (222)111-3333

Procurement History:

Previous Contract or Purchase/ Task/ Delivery Order: Yes No

Contract or Purchase/ Task/ Delivery Order: 36C78619A0005.

Was action competed? Yes No If action was not competed, state the cited authority, summarize rationale, and describe the actions that were supposed to be taken to increase competition and the results thereof: FAR 6.302-1, Only One Responsible Source. No other source has been identified that is authorized to provide replacement parts and repair services for Frigid Fluid brand lowering devices.

3. Description of the supplies or services: The requirement is to award a Blanket Purchase Agreement for lowering device equipment, parts and repair services with the manufacturer, Frigid Fluid Company. Once a cemetery purchases the equipment, they may only obtain replacement parts and repair services directly from the manufacturer. Currently, over ninety (90) cemeteries have purchased and own this equipment and are being supported via BPA 36C78619A0005. No other source is authorized to repair this equipment.

Delivery Date(s)/ Period of Performance: Estimated period of performance is 01/01/2025-12/31/2025.

Total Estimated Value (Base & Options): $3,195,471.38.

4. Authority: Select One FAR 6.302-1: Only one responsible source and no other supplies or services will satisfy agency requirements, 41 U.S.C. 3304(a)(1).

FAR 6.302-2: Unusual and compelling urgency, 41 U.S.C. 3304(a)(2).

FAR 6.302-3: Industrial mobilization, engineering, development, or research capability; or expert services, 41 U.S.C. 3304(a)(3).

FAR 6.302-4: International agreement, 41 U.S.C. 3304(a)(4).

FAR 6.302-5: Authorized or required by statute, 41 U.S.C. 3304(a)(5).

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5. Reason for Authority Cited: The requirement is in accordance with FAR 6.302-1, Only one responsible source and no other supplies or services will satisfy agency requirements. Once a cemetery purchases the Frigid Fluid equipment, they may only obtain Frigid Fluid replacement parts and repair services directly from the manufacturer. No other source is authorized to repair this equipment.

6. Actions to Increase Competition: Until the vendor, Frigid Fluid, allows third party vendors to provide parts supplies and repair services, this procurement will remain non-competitive.

7. Market Research: A review of all lowering devices purchased by the National Cemetery Administration, a disproportional amount were acquired directly from Frigid Fluid. A search from the Thomas Register, a recognized source for all manufacturers in the United States, it revealed that there only four manufacturers of lowering devices utilized by cemeteries and funeral homes. Of the four reviewed, one is a manufacturer of tents and surgical gowns, one other only provides miscellaneous cemetery supplies. The two that actually provide casket lowering devices are Frigid Fluid and Wilbert Funeral Services. Wilbert Funeral Services has historically been providing only concrete grave liners to NCA.

8. Fair and Reasonable Price Determination: As the Contracting Officer, I, hereby determine that the anticipated cost to the Government for this contract action will be fair and reasonable and is in the overall best interest of the Government. The IGCE and commercial market sources will be used to determine price reasonableness.

9. Any Other Facts Supporting the Use of Other than Full and Open Competition: None.

10. 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.

Name Date Title Facility

11. Contracting Officer: I certify that the foregoing justification is accurate and complete to the best of my knowledge and belief.

Ralph Crum Date Contracting Officer VA National Cemetery Administration

One Level Above the Contracting Officer: I certify the justification meets requirements for other than full and open competition.

CRAIG

ROBBINS

Digitally signed by

CRAIG ROBBINS

Date: 2024.12.05 14:08:07 -06'00'

RALPH CRUM Digitally signed by RALPH CRUM Date: 2024.12.09 11:52:06 -06'00'

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Ralph Crum Date Contracting Officer

Procuring Activity Advocate for Competition or Agency Advocate for Competition I have reviewed the foregoing justification and find it to be complete and accurate to the best of my knowledge and belief and recommend approval for other than full and open competition.

Ronald Hirtle Date Director of Contracting

RALPH CRUM Digitally signed by RALPH CRUM Date: 2024.12.09 11:53:14 -06'00'