Attachment 2 - Brand Name Justification.pdf

United States Department of Agriculture Brand Name Justification

FAR 13.106-1(b)(1) – Simplified Acquisitions

1. Identification of the agency and the contracting activity.

Forest Service - Nantahala Ranger District, Franklin, NC, 28734 PPS, Field Procurement Operations East Zone, Supply & Services CSA #3

2. Description of supply or service required to meet the agency’s needs.

1000 class UTV capable of receiving current region approved fire package and meeting Wildland Fire OHV Standard requirements.

3. The rationale or circumstances for limiting competition.

FAR 13.106-1(b)(1): only one brand name is reasonably available to satisfy the government’s requirement.

Honda’s dual clutch transmission is the only automatic UTV, currently on the market, that uses gear drives as opposed to belt drives. Gear driven transmissions greatly reduce slipping that frequently occurs with belt driven models. The Nantahala Ranger District currently has belt driving transmissions that have resulted in broken and stretched belts leaving the UTV and the operator stranded. Broken or stretched belts and can render the UTV immobile. Potential immobility during fire operations is an unacceptable safety risk. Our research indicates Honda is the only manufacturer offering the Engine Braking System with the throttle in the idle position as required by Wildland Fire OHV Standard, 2051- 1M02P-NTDP.

Brand name Honda model 1000 six-seater UTV is required to replace current Kubota RTV-X1140 four-seater UTV. This brand/model is the only one currently available that is a gear driven, with six seats, and the 1000-pound payload needed for the current approved fire package. The only Forest Service Approved Fire Package was specifically designed to fit the Honda brand and 700-1000 series UTV.

4. A description of the market research conducted and the results or a statement of the reason market research was not conducted.

Internet research and vendor interview determined that Honda is currently the sole manufacturer of dual clutch automatic transmission UTVs that offer a gear driven solution. Honda is the only manufacturer offering the Engine Braking System with the throttle in the idle position. Market research was conducted.

Vendors local to the forest were only able to provide a Honda solution to this requirement. Posting RFQ to GSA eBuy and National OHV BPA contractors resulted in zero solution.

5. Estimated price, including all options, if applicable.

$24,500.00 - $6,00.00 (trade-in) = $18,500.00

6. Recommended source(s).

Honda UTV’s are available through multiple sources.

Certifications

Supporting data that is the responsibility of technical or requirements personnel and which form the basis for this justification are accurate and complete to the best of my knowledge.

/s/ Bryan Killian

Bryan Killian Timber Management Assistant – Nantahala Ranger District.

The information contained in this justification is accurate and complete to the best of my knowledge and belief and in accordance with Federal Acquisition Regulation 13.106-1(b)(1), I hereby determine the circumstances described above deem only one source, or limited sources, reasonably available and competition is precluded for the reasons indicated in this document.

Insert Name of Contracting Officer Contracting Officer

Notes and Guidance. Delete these Notes prior to finalizing document for signature

For acquisitions greater than the micro-purchase threshold but less than the Simplified Acquisition Threshold (SAT) the Contracting Officer may solicit from one source only 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, etc.). Contracting Officers must document the rationale for soliciting from a single source, including brand name in accordance with FAR 13.106- 1(b)(1)(i) and FAR 13.106-3(b)(3)(i).

Program personnel are advised to work with contracting personnel early on in order to promote and provide for full and open competition to the maximum extent practicable. In circumstances permitting other than full and open competition, program personnel shall provide necessary information to contracting personnel to support and document the circumstances limiting competition through the use of this form

Advance planning. Contracting without providing for full and open competition shall not be justified on the basis of (1) a lack of advance planning by the requiring activity or (2) concerns related to the amount of funds available to the agency or activity for the acquisition of supplies or services.

Brand Name. Items peculiar to one manufacturer can be a particular brand name, product, or feature of a product, peculiar to one manufacturer. A brand name item, whether available on one or more schedule contracts, is an item peculiar to one manufacturer. Brand name specifications shall not be used unless 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.

Posting. When an acquisition contains brand name specifications, the Contracting Officer shall include the justification required by FAR 13.106-1(b) or 13.501 with the solicitation when synopsizing in the GPE (actions exceeding $25,000) or displaying in a public place (actions exceeding $15,000 but not expected to exceed $25,000), as required by FAR 5.102(1)(6).

Screening. Before posting the justification, in accordance with FAR 6.305(e) and 24.202, the Contracting Officer is responsible to redact any information that is exempt from disclosure under Freedom of Information Act or information proprietary to the contractor.

Signatures. After review and completion by the Program Office and Contracting Officer, the Word document shall be converted to an Adobe PDF file and routed for electronic signatures. Signature blocks shall include dates.