A02.08 Brand Name Justification - Redact.pdf

ERDC Control No. FY21 - 2097

BRAND NAME JUSTIFICATION

1. Agency/Contracting Activity: Engineer Research and Development Center – Construction Engineering Research Laboratory (ERDC – CERL)

2. Description of Action:

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

Pricing: Firm-Fixed Price Time and Materials

Funds: OMA Other Funds: Army RDT&E 21 0 2040

3. Description of Supplies/Services:

a. The total estimated dollar value of the proposed action is

b. This procurement is for one (1) Bobcat Toolcat (model #5610) system to include the following accessories/attachments:

29 X 10.5 Trac Tire Engine Block Heater Remote Rear Hydraulics Kit, 2.5 GPM Remote Rear Aux Hydraulics Kit, 18GPM Model 10 Dumping Hopper Mounting Bracket, Dumping Hopper 62" Combination Bucket Bolt On Cutting Edge, 62" 4K Heavy Duty Pallet Fork Frame 48" 4K Heavy Duty Pallet Fork Teeth

4. Authority: 13.106-1(b) (1): For purchases not exceeding the simplified acquisition threshold (SAT), 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: Extensive market research has found that the Bobcat Toolcat brand utility vehicle (UTV) is the only one on the market with the specific features that are needed. Specifically, it has a towing capacity of 4000 lbs. which is necessary as it will be used by a team that does research involving 3D concrete printing and has large pieces of concrete and printing equipment that they need to move frequently. The Toolcat is also the only brand of UTV found with a 4000 lb. towing capacity AND the ability to be incorporated with all of the front-mounted attachments and accessories listed in Section 3.b. above.

6. Actions to Increase Competition: A competitive solicitation will be posted on Beta.SAM open to any small businesses capable of providing Bobcat equipment to the government.

7. Market Research: Market research on the different brands of UTVs was performed by the requirements holder (primarily Brandy Diggs-McGee) in April 2020. Other brands, such as Kubota, do not have the necessary load capacity and have fewer options for front-mounted attachments.

Further market research was performed by the contracts office (Andrea Thomas) in November 2020. There are many dealers of other UTV brands such as Kubota and John Deere that can be found in the SBA DSBS database, but very few that distribute Bobcat. Several general UTV dealers that were contacted (Berchtold Equipment Company and AGA Truck Parts Inc) referred us to Kipper Tool Company as the primary Bobcat dealer for government procurements. The few that did list Bobcat in the capabilities narrative, such as Jenner Equipment Company located in South Dakota and Burke Equipment Company in Delaware, said that their ability to distribute Bobcat equipment is limited to the local region and that they would not be able to deliver to Illinois.

Bobcat sales was contacted by phone on November 17 to determine if the regional nature of the sale forces a sole source situation from their perspective. They said that no, there are several potential sources but the ones they listed (Bobcat of Champaign, Bobcat of Springfield, etc.) are either not registered in SAM at all or have registrations that are long expired.

One final piece of research was a review of Beta.SAM for prior Bobcat purchases. A procurement was advertised in May of 2019 by an Air Force ACC agency as a small business set-aside. The contracting POC from that procurement was contacted for details. While he was not able to provide names of any of the offerors, he said that they did receive multiple quotes.

He added that they also experienced the regional sales issues in their procurements of Bobcat equipment.

Kipper Tool Company is the one certain bidder with a currently active SAM registration. They do certify as a small business. Kipper offers this equipment on GSA Advantage but they are the only source that does so, so advertising on GSA would potentially limit competition Based on all of this research we will advertise as a small business set-aside on Beta.SAM in order to maximize competition among any vendors able to offer Bobcat equipment in the State of Illinois.

8. Procurement History:

Previous Purchase Orders(s) or Contract(s): Yes No (None from this agency) Purchase order or contract number:

Was action competed? Yes No If action was not competed, state the cited authority, summarize rationale:

9. Additional information to support the justification: Not applicable

10. Technical/Requirements Certification: I certify that the supporting data under my cognizance which is included in the abbreviated Brand Name Justification is accurate and complete to the best of my knowledge and belief.

Submitted By:

Position Title:

Email Address:

Signature:

Date:

11. Fair and Reasonable Price Determination: As Contracting Officer, I hereby determine that the anticipated cost to the Government for this contract action will be fair and reasonable.

Basis for the determination: price analysis techniques.

12. Contracting Officer’s Approval: I hereby certify that this Justification is accurate and complete to the best of my knowledge and belief. Based on the foregoing, I approve this brand name justification subject to availability of funds, and provided that the services and supplies herein described have otherwise been authorized for acquisition

Signature:

Typed Name:

Title: Contracting Officer Date:

Mariangelica Carrasquillo-Mangual Acting Chief, Energy Branch mariangelica.carrasquillo@usace.army.mil

24 NOV 20

CARRASQUILLO-

MANGUAL.MARIANGELICA.129050

Digitally signed by CARRASQUILLO-

MANGUAL.MARIANGELICA.1290501080

Date: 2020.11.24 12:37:09 -06'00'

Andrea Thomas

Digitally signed by Andrea Thomas Date: 2020.11.25 10:45:35 -06'00'