Attachment_2_J_A.pdf

United States Department of the Interior Office of the Assistant Secretary - Indian Affairs

Washington, DC 20240

BRAND NAME JUSTIFICATION

AUTHORITY: FAR 13.501(a)

PR # 40644255

Control # 24-0042

1. Identification of the agency and the contracting activity, and specific identification of the document as a “Brand Name Justification.”

Contracting Activity: This document is a brand name justification for other than full and open competition for the Department of the Interior, Bureau of Indian Affairs, Northwest Regional Office, Fort Hall Irrigation Project (FHIP).

2. Nature and/or description of the action being approved.

Requirement:

New Follow-on Requirement Modification to existing order

Pricing:

Firm-Fixed Price Time & Materials Other _____________

3. A description of the supplies or services required to meet the agency’s needs (including the estimated value).

• Heavy Construction Equipment o 2 CAT 430 Backhoe o 1 CAT 308 Mini Excavator o 1 CAT D5 Track-Type Tractor

4. An Identification of the statutory authority permitting other than full and open competition.

FAR 13.501(a)

5. A demonstration that the proposed contractor’s unique qualifications or the nature of the acquisition requires use of the authority cited.

Currently, all backhoes and excavators in the FHIP inventory are manufactured by Caterpillar. FHIP equipment operators are proficient with the operation of these units and capable of performing routine maintenance actions as well as troubleshooting minor problems allowing for reduced work stoppages. FHIP also has mechanics on staff who are familiar with the current inventory and can provide minor repairs and part replacement actions allowing a large portion of work to be performed in house.

Additionally, there is a local Caterpillar repair capability that allows for skilled technicians to be called out and available with-in 15 minutes for more advanced repairs, as well as for situations which require the replacement of parts not currently in the on-site inventory. Maintaining an inventory of Caterpillar equipment reduces the risk of lost working time due to breakdowns and mechanical failures.

6. A description of efforts made to ensure that offers are solicited from as many potential sources as is practicable, including whether a notice was or will be publicized as required by Subpart 5.2 and, if not, which exception under 5.202 applies.

Market research has shown there to be multiple ISBEE Vendors capable of providing this requirement. Additionally, the manufacturer has many distributors which will allow for increased competition. This requirement is considered a commercial item and will be posted publicly as a combined synopsis and solicitation IAW FAR 12.603. This justification will be posted with the solicitation IAW FAR 5.102(a)(6).

7. A determination by the contracting officer that the anticipated cost to the Government will be fair and reasonable.

I hereby determine that the anticipated cost to the Government for this contract action will be fair and reasonable. The contracting officer determines that the anticipated price(s) will be fair and reasonable based on:

• The expectation of receiving competitive quotations from multiple qualified ISBEE sources for Caterpillar products.

• Price fair and reasonableness will be determined IAW FAR 13.106-3(a)(1), competitive quotations or offers.

8. A description of the market research conducted (see Part 10) and the results or a statement of the reason market research was not conducted.

A dynamic Small Business search for tribally owned companies utilizing NAICS code 333120 was completed, and a list of 92 business was retuned. Additionally, similar requirements have been procured in the past that were successfully awarded with an ISBEE set-aside. Furthermore, Caterpillar has documented they have 156 dealers, which provides sufficient evidence to support the expectation of having multiple offers for this requirement.

9. Any other facts supporting the use of justification of other than full and open competition, such as:

N/A

10. A listing of the sources, if any, that expressed, in writing, an interest in the acquisition.

N/A

11. A statement of any actions, if any, the agency may take to remove or overcome any barriers to competition before any subsequent acquisition for the supplies or services required.

Market research will continue to be conducted to minimize the risk of utilizing brand name actions in the future. Once it is determined other manufacturer’s products can receive the same maintenance, repair, and replacement part lead times, there will no longer be a need to continue similar requirements as Brand Name requirements.

Requirements personnel certification.

I certify that the technical data which forms a basis for this justification is complete and accurate and meets the Government’s minimum needs.

X Program Office/COR

12. Contracting officer certification that the justification is accurate and complete to the best of the contracting officer’s knowledge and belief.

I certify that this justification is accurate and complete to the best of my knowledge and belief.

Contracting Officer

13. Reviews and Approvals

Concur/Approve

Chief of Contracting Office

Concur/Approve

Bureau Competition Advocate