A12 JA for Brand Name or Equal _22R0212.pdf

CONTROL#22-062

FOR OFFICIAL USE ONLY

Justification and Approval for Other than Full and Open Competition –

Brand Name or Equal

1. Contracting Activity: The 411th Contracting Support Brigade proposes to enter into a contract on the basis of other than full and open competition.

2. Description of Action:

(a) Type of Action: This new requirement is to be awarded through open market competition. The resulting award shall be Firm-Fixed Price and will be funded by CY2022 OMA Funds.

(b) Estimated Amount:

(c) Type of Funds: CY 2022 OMA

3. Description of Supplies/Services:

Manufacturer: Hyundai Excavator

Model: CRAWLER/TRACKED Excavator - MFR Name: HYUNDAI HX220A & WHEEL Excavator -MFR Name HYUNDAI HW210A

4. Authority Cited: DFARS 213.501(a)(ii) In accordance with section 888(a) of the National Defense Authorization Act for Fiscal Year 2017 (Pub. L. 114-328), the justification and approval addressed in FAR 13.501(a) is required in order to use brand name or equal descriptions or proprietary specifications and standards.

5. Reason for Authority Cited: The salient characteristics for this requirement are firm. The government requires that any offered item contain features that meet or exceed the salient characteristics. The suggested manufacturer’s model meets the salient characteristics. Other items may be accepted provided they meet the salient characteristics listed in the solicitation associated with this justification.

6. Market Research:

The requiring activity conducted market research and it revealed at least three possible sources, who were surveyed for commercial standards, practices and procedures.

7. Other Facts: N/A. The contracting officer anticipates competition, which will allow for price reasonableness based on competition. However, if competition is not present, the contracting officer will determine pricing to be fair and reasonable using other methods identified in FAR 15.4.

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CONTROL#22-062

FOR OFFICIAL USE ONLY

8. Technical / Requirements Certification: I certify 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. Also, I certify 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.

9. Contracting Officer Certification / Approval: I hereby determine that the anticipated cost or price to the Government for this contract action will be determined fair and reasonable based upon adequate price competition or any of the techniques in FAR 15.4. I certify that this justification is accurate and complete to the best of my knowledge and belief, and that completing this purchase is in the best interest of the Government.

Additionally, I approve this justification to limit competition subject to the availability of funds and provided that the services or supplies herein described have otherwise been authorized for acquisition.

Typed Name: James E. McGill

Title: Contracting Officer, 411th CSB

Signature:

MCGILL.JA

MES.EDWA

RD.123711

Digitally signed by

MCGILL.JAMES.ED

WARD.123711206

Date: 2022.07.21 09:09:18 +09'00'