36C78620Q0194-0001003.pdf

Justification for Other Than Full and Open Competition (Brand Name/Limited Sources Justification and Approval)

In accordance with Federal Acquisition Regulation (FAR) 11.105(a)(1) and 6.302-1(c), the Kubota brand name is essential to the Government’s requirements, thereby precluding consideration of a product manufactured by another company. Market research indicates other companies’ similar products do not meet the agency’s needs.

1. Identification of the Contracting Activity and the Requiring Agency: The Contracting Activity is NCA Contracting Services, 18424 Joplin Rd, Triangle, VA 22172. The requiring activity is Ohio Western Reserve National Cemetery, 10175 Rawiga Rd, Seville, OH 44273.

2. Nature/Description of Action

Competition is being limited to Kubota dealers only, based on a brand name requirement.

3. Description of Supplies and Services

In accordance with agency objectives, the government has a need to procure parts and service for Kubota equipment that Ohio Western Reserve National Cemetery already owns or may purchase in the future. In order to not void the Kubota warranty that comes with the equipment when it is purchased, the parts must be made by Kubota and services must be performed by a certified Kubota technician. Kubota parts and certified Kubota technicians are only sourced through Kubota dealers. The cemetery estimated that parts and service combined, should be no more than $100,000 for five years.

4. Statutory Authority Permitting Other than Full and Open Competition

As stated in 6.302-1, authority is granted by 10 U.S.C. 2304(c) permitting other than full and open competition for brand-name acquisitions.

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

The acquisition requires the use of the authority sited above because the parts must be made by Kubota and the work must be performed by a Kubota technician; otherwise, the Government could lose the warranty that comes from the manufacturer, which could result in further expenses. Kubota dealers are uniquely qualified because the manufacturer will only supply parts and certifications to technicians at an official dealer.

6. 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.

Local Kubota dealers within the local area were contacted and informed of the potential acquisition. They were asked to register with System for Award Management (SAM) to maximize competition; three dealers within a 30-mile radius are registered to date.

7. A determination by the contracting officer that the anticipated cost to the

Government will be fair and reasonable.

There is no determination of who will be awarded the BPA(s) yet, but I do believe that narrowing it down to the 3 dealers has still allowed for competition, ultimately providing a best value decision. Each of the dealerships that were contacted have different hourly service rates, which is what the best value determination will be based on. Parts prices will come from the monthly Kubota catalog and there is no way to know what parts will be needed in the future. The hourly rates that were quoted informally appeared to be within an adequate competitive range.

8. Description of the market research conducted and the results or a statement of the reason market research was not conducted.

Customer stated in acquisition documentation that only Kubota dealers sell Kubota parts. I confirmed this online at the Kubota USA website. A search for Kubota dealers within the local area of the cemetery was performed on the Kubota USA website and only one dealer was registered in SAM. Each dealer within the local area was contacted to see if they would be interested in responding to a solicitation. Three showed interest and the two that were not registered started taking steps to get registered.

Each of the dealers informed me of their hourly rates, which vary from dealership to dealership, although not significantly. I was also informed by several of the dealerships that Kubota updates their catalog prices, for parts, monthly.

9. Any other facts supporting the justification.

N/A

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

a.

b.

*Note: One additional dealer also expressed an interest verbally.

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

There are no further actions that can be taken to overcome the barrier. Steps have already been taken to maximize competition within the local area among Kubota dealers by making sure multiple dealers are SAM registered.

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

This justification is accurate and complete to the best of my knowledge and belief.

Sarah Poole Contracting Officer