A15_Brand_Name_Justification_-_Waterax_sro.pdf

Attachment 7

JUSTIFICATION FOR OTHER THAN

FULL AND OPEN COMPETITION

BRAND NAME JUSTIFICATION

In accordance with the authority granted under 41 U.S.C. 253(c), this request for award under other than full and open competition is hereby submitted.

1. Identification of the agency and the contracting activity:

Department of the Interior (DOI), Bureau of Land Management (BLM) and Alaska Fire Service (AFS).

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

Requirement is for Mark-3 High Pressure Pump REPAIR PARTS used by the Department of the Interior (DOI), Bureau of Land Management (BLM) and Alaska Fire Service (AFS) for repair of High-Pressure Pumps presently in service. The Mark-3 High Pressure Pump, manufactured by Waterax Corp is the only pump currently qualified through San Dimas Technical center for purchase for use in wildland fire.

The Alaska Fire Service Small Engine shop has a designated employee that has been through the manufacture’s certified training program and has trained employees within Alaska to repair the Mark-3 High Pressure Pumps as well. All parts must fit and be compatible with the Waterax Mark-3 pump. The backpack portable Mark-3 is a centrifugal fire pump with a Waterax model 185 cc (11.29 cubic inches), 2-cycle-air-cooled, single cylinder with Nikasil treatment. It is a 10 HP (7.46 kW) engine (Stroke:

2.40” [61mm] and Bore: 2.44” [62mm] ) with Ducati Electronic ignition system. All parts must be Waterax part number or equivalent to ensure correct fit. The use of repair parts other than those manufactured by Waterax risks degrading the performance and reliability of the pump. Based on the facts presented here, this contract action will be a brand name only public posting open to all authorized dealers of Waterax repair parts.

The current market has been researched, we have looked extensively for equivalent parts and have concluded that they do not exist in the current market.

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

BLM needs to purchase Waterax repair parts to fix the Mark 3 High Pressure Pumps before next fire season. There are in excess of 100 pumps to be fixed before next fire season with estimated repair costs of $xxx. Mark 3 High Pressure Pumps are considered a mission critical item for fighting wildland fire and are used by firefighters to supply water to the fire line.

4. An identification of the Statutory Authority permitting other than full and open competition:

FAR 11.105 – Items Peculiar to One Manufacturer.

(a)(1) The particular brand name, product, or feature is essential to the government’s requirements, and market research indicates other companies’ similar products, or products lacking the particular feature, do not meet, or cannot be modified to meet, the agency’s needs; 41. U.S.C. 253(c)(1) as implemented by FAR 6.302-1 No other supplies or services will satisfy agency requirements. Citation 10 USC 2304(c)(1).

5. A demonstration that the proposed brand name possesses unique qualifications, or the nature of the acquisition requires use of the authority cited:

Waterax parts are unique due to the fact that there are no other manufacturers of these parts.

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 Federal Acquisition Regulation (FAR) Subpart 5.2, and, if not, which exception under

5.202 applies:

This requirement will be solicited as a small business set-aside and publicized on SAM.gov. A notice for the Brand Name Justification will be published.

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

Fair and reasonable pricing will be determined from comparison of a price sheet for the Wick-375 Pump Parts. We are expecting multiple bidders and will be setting up multiple BPAs

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

Market research was conducted to see if aftermarket parts were available, but none were found. Waterax is the only current maker of OEM Mark 3 repair parts.

9. Any other facts supporting the use of other than full and open competition FAR 6.303-2(a) (9)):

USDA / NIFC qualified product list Waterax has been qualified for use on wildland fire incidents by the San Dimas Technology and Development Center

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

None

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 required:

The solicitation will be publicized on SAM.gov using a small business set-aside

CERTIFICATIONS:

I, hereby, certify that this requirement does not exceed the Government’s minimum needs or scheduled requirements, and that the basis for award under other than full and open competition is complete and accurate to the best of my knowledge and belief:

Requisitioner’s Signature and Date

I, hereby, certify that this justification for other than full and open competition is accurate and complete to the best of my knowledge and belief:

Contracting Officer’s Signature and Date