A02.05_ Brand Name Justification.pdf

Brand Name Determination Portable Concrete Mixer

1. Contracting Activity: The ERDC Contracting Office (ECO) is located at the U.S.

Army Engineer Research and Development Center (ERDC), 3909 Halls Ferry Road, Vicksburg, MS 39180-6199.

2. Description of Action: This determination seeks approval to award a new Firm

Fixed Price (FFP) contract on a brand name basis pursuant to procedures at Federal Acquisition Regulation (FAR) 13.106-1(b) to procure a Portable Concrete Mixer (NSN: 3895-01-609-4511), which is same model mixer that the U.S. Army has in their inventory and currently in use for their operational mission. The exact mixer is needed for full-scale degraded infrastructure testing at ERDC for the U.S. Army.

3. Description of the product required to meet the agency’s needs: The

Geotechnical and Structures Laboratory (GSL) has a requirement to test the U.S.

Army’s current portable concrete mixer at ERDC for full-scale degraded infrastructure testing.

4. Authority Cited: FAR 13.106-1(b), Soliciting from a single source (1) For purchases not exceeding the simplified acquisition threshold (i) Contracting officers may solicit from one source if the contracting officer determines that the circumstances of the contract action deem only one source reasonably available (e.g., urgency, exclusive licensing agreements, brand-name or industrial mobilization).

5. Reason for Authority Cited:

Background: GSL is engaged in ongoing research with the U.S. Army involving the Army’s portable concrete mixer. The mixer has been a proven capability for providing users with efficient and versatile concrete production of rapid-setting products. The U.S. Army has already purchased and deployed several units to support their mission.

Justification: The U.S. Army has directed ERDC researchers to evaluate equipment and materials for degraded infrastructure repairs. The portable concrete mixer, which is already in service by the U.S. Army, is needed for ERDC researchers to be able to test and evaluate the mixer’s capability when used with varying concrete materials.

The Army has invested approximately $1,000,000 into finding and approving of this specific portable concrete mixer to meet the Army’s mission. Therefore, it is in the best interest of the government to procure the same brand and model portable concrete mixer. No other brands with the same capability have been found to exist.

6. Efforts to Obtain Competition: Several vendors sell this equipment; therefore adequate competition is anticipated.

7. Determination that costs will be fair and reasonable: The independent government estimate, catalog prices, price competition, and the laboratory’s technical representative’s knowledge of the industry will be used to determine if the quoted price is fair and reasonable.

8. Description of Market Research: Market research has shown that there is more than one vendor capable of providing the Army’s portable concrete mixer. Further, ERDC and the Army are very familiar with the equipment meaning little training and no new evaluations to prove the capability of the equipment will be required.

9. Contracting Officer Determination: I certify that this justification is accurate and complete to the best of my knowledge and belief.

Allison Hudson Contracting Officer