SSJ Stockton Boiler Plant Maintenance_Redacted.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:

RPOW JOFOC Tracker:

1. Contracting Activity: Department of Veterans Affairs, VISN 21, VA Northern California Health Care

System, Stockton VA Clinic, Network Contracting Office (NCO) 21.

VA2237:

2. Nature and/or Description of the Action Being Processed: This procurement is for comprehensive boiler plant maintenance service 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. The VA Northern California Health Care System has a need for a services contract to provide inspections and preventative maintenance to all VA owned boilers servicing the Stockton VA Clinic. This procurement will include boiler inspections and testing, and burner management system controls maintenance. The Government anticipates a new single award firm-fixed price contract.

3. Description of Supplies/Services Required to Meet the Agency’s Needs: The Stockton VA Clinic requires boiler inspections and preventative maintenance to all boiler controls, combustion equipment, water leveler regulation, steam regulators, 0-2 recorder, automatic 0-2 trim systems, safety devices, instruments, flow meters, feed pumps, gas regulators, automatic controls and air regulators. All services will be provided in accordance with regulatory guidelines, which include the following: local policies and standard operating procedures, NFPA codes, The Joint Commission (TJC) standards, OSHA regulations, and equipment manufacturers operation manuals.

The estimated value of the proposed action is Base: , Total Amount .

Base Year: 02/01/2026 – 01/31/2027 Option Year 1: 02/01/2027 – 01/31/2028

The solicitation will include FAR 52.217-8, Option to Extend Services.

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

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

Acquisition ID#:

( ) 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 manufacturer, Cleaver- Brooks, Inc., has confirmed that all service and warranty work performed on Cleaver-Brooks equipment must be performed by a factory authorized representative. They also confirmed that R.F.

MacDonald Co., LLC is the Exclusive Regional Representative for The Cleaver-Brooks Company, Inc.

in the State of California. Any work performed by anyone other than the Cleaver-Brooks Representative may void the current warranty. These boilers are considered critical to the facilities overall ability to provide patient care.

6. Description of Efforts Made to ensure that offers are solicited from as many potential sources as deemed practicable: Based on the current boiler warranty supporting the Stockton VA Clinic, the decision was made to only consider the factory authorized representative for the required maintenance.

7. Determination by the CO that the Anticipated Cost to the Government will be Fair and Reasonable: The Government will determine the price is fair and reasonable based on comparison of proposed prices with prices found reasonable on previous purchases ( ) for the same of comparable service. (FAR 13.106-3(a)(2)). Price is fair and reasonable will be determined prior to award.

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

Market Research Was Not Conducted: A search on Small Business Administration (SBA) Dynamic Small Business Search (DSBS) revealed 34 service-disabled veteran-owned small businesses (SDVOSBs) and veteran-owned small businesses (VOSBs). Unfortunately, none of these vendors can meet this requirement. As noted above, due to warranty issues this will be an open market sole source contract to R.F. MacDonald Co., LLC.

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

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

R.F. MacDonald Co., LLC 25920 Eden Landing Rd Hayward, CA 94545-3816

(714) 257-0900

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:

The warranty for the boilers will expire in 2027 which will allow the new requirement to be competed to the fullest. The contracting staff will continue to conduct the appropriate market research to determine if there are new sources capable of meeting the agency’s requirement.

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

Acquisition ID#:

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.

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.

b. One Level Above the Contracting Officer (Required over SAT but not exceeding $900K): I certify the justification meets requirements for other than full and open competition.