A15_Name_Brand_Justification.doc

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:

Bureau of Land Management, Alaska Fire Service, Military Zone

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

Due to the circumstances described below, we request the following be acquired using other than full and open competition in support of BLM-AFS-MIL Zone requirement for a six wheeled UTV. This equipment is used in support of the agency mission for fuels management. BLM-AFS plans prescribed fire projects to help federal and military partners reduce hazardous fuels and the potential for wildland fires that could threaten communities or military facilities.

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

MIL Zone requests to purchase a Can-Am Defender 6x6, six wheeled UTV. We utilize four and six wheeled UTV’s for prescribed fire implementation on Military Range lands within the State of Alaska.

Years of experience and practice has proven that six wheeled UTV’s hold up better in performing the tasks of the job than do the four wheeled. This is largely due to the added axle and suspension. The UTV’s are used primarily to hold slip-in water tanks with a pump and hose assembly. Over the years, we have used four wheeled and six-wheeled UTV’s to complete the work. It has been our experience that the suspension on the single rear axle UTV’s wears out quicker than the double rear axle, six wheeled. The six-wheeled UTV has a higher payload and towing capacity rating for this reason as well.

The only vendor that is currently building a six-wheeled UTV is Can-Am. Polaris made them in the past and they are the units that we still use that are preferred for the tasks listed above. The six-wheeled units simply have performed and held up better than the four-wheeled units we have purchased.

The cost for a six-wheeled 900+cc engine with 1000+ lbs. of payload capacity w/ winch is estimated at $24,475.90. Cost estimates on a four wheeled 900cc engine with roughly 1000 lbs. payload is around $16,000. AFS Military Zone spent roughly $1600 in FY 19 replacing rear springs on two of our four wheeled UTV’s. The six-wheeled units cost less in the end when you factor in wear and tear from the job demands on the equipment.

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

41. U.S.C. 253(c)(1) as implemented by FAR 6.302-1 Citation 10 USC 2304 (c)(1).

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;

(2) (i) The authority to contract without providing for full and open competition is supported by the required justifications and approvals (see 6.302-1)

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

To my knowledge Can-Am is the only vendor who is building a six-wheeled UTV that has a payload greater than 1000 lbs. Polaris discontinued production of their six-wheeled Ranger model. We have not been able to identify another model in production that can meet our needs.

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:

No other known models meet the above specification. This solicitation will be synopsized and made available through a GPE, it will include a copy of the brand name justification.

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:

The Can-Am Defender is sold by multiple resale vendors and will be competed on price and availability through a GPE solicitation

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:

Open market research is continually being done by MIL Zone staff to try and identify equipment that would result in more efficient field operations and save money overall for our program. Six-wheeled UTV’s are extremely useful for our specific job needs. The only units that are available for purchase to my knowledge are used Polaris Ranger or the new Can-Am Defender. Argo makes six-wheeled UTV’s however, they do not have a cargo bed that can hold a slip-in water tank.

9. Any other facts supporting the use of other than full and open competition

FAR 6.303-2(a) (9)):

Can-Am Defender 6x6 is a unique item in the current market. This UTV fits the specific needs of the MIL Zone use in Alaska’s military range lands by having 6 wheels, 1000 lb. payload, and a cargo bed in order to hold the slip-on water tank.

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

Delta Power Sports Compeau’s

Both local vendors were contacted in regard to trade-in valuation of ATV’s that the Military Zone wishes to trade in towards credit towards a new UTV purchase.

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:

We will solicit publicly to small businesses on a GPE. We will continue to conduct market research to see if any other companies start producing a 6x6 UTV that can meet our needs.

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 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 Date