Attachment 3 - Brand Name Justification.pdf

CONTROLLED UNCLASSIFIED INFORMATION

Sole Source (Including Brand Name) Justification - Simplified Procedures for Certain Commercial Items

CONTROLLED UNCLASSIFIED INFORMATION March 2023 Page 1 of 4

Is this a new or amended J&A Document? New Amended ( Prior to Award Only! )

Is this a Bridge Action as defined in the AF Bridge Action Reduction Plan? Yes No

Funding level for this acquisition:

Contracting Activity: 36th Contracting Squadron

Purchase Request / Local ID Number: F1C3445057AC01

Program / Project (and PE, if applicable): 36 CS - Trencher Attachments

Program Type (PEO or Other Contracting): Other Contracting

Authority: AFFARS 5313.501 - 10 U.S.C. 3572, Implementation of Simplified Acquisition Procedures (41 U.S.C. 1901)

AFFARS 5313.501 - 10 U.S.C. 3403, Special Emergency Procurement Authority (41 U.S.C. 1903)

Estimated Contract Cost (including options): Justification Type: Class Individual

COORDINATION ( AFFARS 5306 . 304 ( a)) ** The text in the signature blocks below is editable, including the title.

** To remove a row, click the "X" next to the signature block. CAUTION: Once removed, it can only be restored by downloading the BLANK FORM again.

X

X

APPROVAL (AFFARS 5306 . 304 ( a))

Date

21 Jul 2025

Chief of the Contracting Office (COCO) Brandon M. Reeves, Lt Col, USAF

36 CONS/CC, 315-366-4214

Signature REEVES.BRANDON.M.13 Digitally signed by

62413580

REEVES.BRANDON.M.1362413580

Date: 2025.07.22 12:26:43 +10'00'

NOTE: If a Justification was approved for the preceding acquisition, a copy of the approved Justification for the predecessor action must be included in the staff package for approval of the instant Justification. This applies to Justification staff packages that are submitted for review and approval at a level above the contracting officer. The predecessor Justification will be used as a reference document by the approving official.

Sign and Save Procedure

18 Jul 2025

36th Communications Squadron TSgt Scott M. Stehlik

SCOW / 315-366-2626

Signature

STEHLIK.SCOTT.MA Digitally signed by

STEHLIK.SCOTT.MATTHEW.138726

TTHEW.1387269726 9726

Date: 2025.07.18 12:16:24 +10'00'

18 Jul 2025

Contracting Officer Samuel L. Gordon, TSgt, USAF

36 CONS/PKB, 315-366-5558

Signature

GORDON.SAMUEL.L Digitally signed by

GORDON.SAMUEL.LOUIS.III.14100

OUIS.III.1410029797 29797

Date: 2025.07.18 13:18:28 +10'00'

Sole Source (Including Brand Name) Justification - Simplified Procedures for Certain Commercial Items

CONTROLLED UNCLASSIFIED INFORMATION March 2023 Page 2 of 4

I. Contracting Activity.

36th Contracting Squadron

II. Nature and/or description of the action being processed.

Purchase of Ditch Witch RT120 trenching attachments.

The following products need to bought and shipped to Andersen AFB to make the Ditch Witch operational:

-DITCH WITCH BH120 Backhoe -DITCH WITCH CT120H Centerline Trencher

-DITCH WITCH RT120 LOW ANGLE BACKFILL BLADE, 80"

III. Description of supplies/services required to meet agency needs.

Purchase of Ditch Witch RT120 centerline trenching attachment, backhoe attachment and backfill blade attachment with shipping to Tracy, CA.

IV. Statutory authority permitting other than full and open competition.

FAR 6.302-1 - 10 USC 3204(a)(1), Only One Responsible Source - No Other Supplies or Services Will Satisfy Agency Requirements.

As no other known brand produces a trencher attachment that satisfies all these requirements without additional modifications or supplemental purchases, this procurement qualifies for brand-name acquisition under 10 U.S.C.

3204(a)(1).

V. Demonstration that the contractor's unique qualifications or nature of the acquisition requires the use of the authority cited above (applicability of authority).

Ditch Witch trenching attachments are uniquely designed, engineered, and manufactured to integrate directly with the RT120 trencher without modification. Based on the proprietary nature of the trencher attachments, only Ditch Witch and no other manufacturer produces trenching attachments that can connect and operate with the Ditch Witch RT120 without requiring extensive structural or hydraulic modifications to the machine. These modifications would introduce safety and operational risks and void the manufacturer's warranty. Those safety risks include potential failure of trenching operations, damage to equipment, or injury to personnel.

The attachments incorporate proprietary features including:

-Exclusive mechanical mounting systems that align with Ditch Witch's proprietary attachment couplers and interface geometry.

-Hydraulic connections and circuits designed to match the RT120's factory-engineered hydraulic specifications for pressure, flow rate, and return pathways, ensuring reliable and safe operation without risk of leaks, overheating, or component damage.

-Integrated control and safety interlock systems that connect with the RT120's on-board electronic and mechanical controls, essential for operator safety and proper equipment function.

VI. Description of efforts made to ensure that offers are solicited from as many potential sources as practicable.

To maximize competition, this requirement will be posted to SAM.gov, allowing for multiple authorized resellers to compete for this award for the brand name Ditch Witch RT120 trencher attachments.

If a company can provide the required Ditch Witch RT120 attachments and ship them to the DLA consolidation point in Tracy, CA then that company would be considered.

VII. Determination by the Contracting Officer that the anticipated cost to the Government will be fair and

Sole Source (Including Brand Name) Justification - Simplified Procedures for Certain Commercial Items

CONTROLLED UNCLASSIFIED INFORMATION March 2023 Page 3 of 4 reasonable.

The Ditch Witch trencher attachment is essential for the 36 CS's training curriculum and mission readiness. Without it, the unit would experience significant losses in time and resources, negatively impacting government funds. The currently used Ditch Witch trencher is unserviceable without the attachments.

The anticipated cost was evaluated against historical purchases for similar attachments, quotes obtained during market research, and the Government estimate. Based on this analysis, the Contracting Officer anticipates that the price to be fair and reasonable.

VIII. Description of the market research conducted and the results, or a statement of the reasons market research was not conducted.

Searches performed through Google, Industry catalogs, and various consumer websites.

Market research conducted on GSA advantage concluded that small business vendor Earle Kinlaw & Associates, INC (EKA) can provide the backhoe attachment, no results in GSA for the centerline trencher and low angle backfill blade.

EKA provided a quote to the MP which includes attachments for all three attachments sought.

Additionally, a sources sought published on the SAM.gov to verify if commercial market/vendor capability. Two interested small business vendors responded to the sources sought - BHPE LLC and Newbegin Enterprises, Inc.

Finally, an internet search on the Small Business Administration (SBA) Dynamic Small Business Search Tool revealed a total of 284 profiles matching the search criteria under NAICS Code 333120. These results show that there are a wide range of small businesses who are capable of fulfilling requirement.

IX. Any other facts supporting the use of Other Than Full and Open Competition.

The trenching attachments are proprietary to the Ditch Witch RT120 so those specific parts are needed to make the equipment operational.

X. List of any sources that expressed, in writing, an interest in the acquisition.

Earle Kinlaw & Associates, Inc., BHPE and Newbegin Enterprises, Inc.

XI. A statement of the actions, if any, the agency may take to remove or overcome any barriers to competition before making subsequent acquisitions for the supplies or services required.

Subsequent acquisitions for trenching equipment will not be needed for the 36th Communications Squadron.

XII. Certification by the Contracting Officer.

As evidenced by my signature above, I have determined this document to be both accurate and complete to the best of my knowledge and belief.

XIII. Certification by the technical/requirements personnel.

As evidenced by my (our) signature(s) above, I (we) certify that any supporting data contained herein, which is my (our) responsibility, is both accurate and complete.

Sole Source (Including Brand Name) Justification - Simplified Procedures for Certain Commercial Items

CONTROLLED UNCLASSIFIED INFORMATION March 2023 Page 4 of 4

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