Attachment 3 - Brandname or Equal J and A.pdf

FOUO//FOR OFFICIAL USE ONLY

Justification and Approval (September 2020) Page 1 of 4

DLA Disposition Services

Justification and Approval for Other than Full and Open Competition

FAR 13.501 Sole Source (including brand-name) acquisitions

FAR Subpart 13.5. This justification is conducted under the authority of Simplified Acquisition Procedures for Certain Commercial Items in accordance with 41 U.S.C. 1901 Simplified Acquisition Procedures or the authority of 41 U.S.C. 1903 Special Emergency Procurement Authority.

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

(1) AGENCY/CONTRACTING ACTIVITY:

DLA Disposition Services, J72 Operational Contracting.

(2) DESCRIPTION OF ACTION BEING APPROVED:

DLA Disposition Services Anchorage, Alaska site has a requirement for a Loader/Utility/Snow Removal Vehicle with Multiple Attachments. Due to the level of snowfall (up to 130” in 2024) and extreme winter conditions in the Anchorage, Alaska area, this equipment must possess the ability to remove deep and hardened snow throughout the winter season to maintain continuity of operations at the site to support military customers on base and safely continue daily required activities.

FAR Subpart 13.5—Simplified Procedures for Certain Commercial Items

13.501 Special documentation requirements. (a) Sole source (including brand name) acquisitions.

(1) Acquisitions conducted under simplified acquisition procedures are exempt from the requirements in part 6. However, contracting officers must—

(i) Conduct sole source acquisitions, as defined in 2.101, (including brand name) under this subpart only if the need to do so is justified in writing and approved at the levels specified in paragraph (a)(2) of this section;

(ii) Prepare sole source (including brand name) justifications using the format at 6.303-2, modified to reflect that the procedures in FAR subpart 13.5 were used in accordance with 41 U.S.C. 1901 or the authority of 41 U.S.C. 1903;

(iii) Make publicly available the justifications (excluding brand name) required by 6.305(a) within 14 days after contract award or in the case of unusual and compelling urgency within 30 days after contract award, in accordance with 6.305 procedures at paragraphs (b), (d), (e), and (f); and

(iv) Make publicly available brand name justifications with the solicitation, in accordance with 5.102(a)(6).

(2) Justifications and approvals are required under this subpart for sole-source (including brand-name) acquisitions or portions of an acquisition requiring a brand-name. If the justification is to cover only the portion of the acquisition which is brand-name, then it should so state; the approval level requirements will then only apply to that portion.

DFARS 13.501 Special documentation requirements. (a) Sole source (including brand name) acquisitions.

(i) For non-competitive follow-on acquisitions of supplies or services previously awarded on a non-competitive basis, include the additional documentation required by 206.303-2(b)(i) and follow the procedures at PGI 206.304(a)(S-70).

(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.

Justification and Approval (September 2020) Page 2 of 4

(3) DESCRIPTION OF SUPPLIES/SERVICES:

The requirement is for the purchase and delivery, of one (1) Bobcat Toolcat UW56 Multi-Purpose Loader/Utility/Snow Removal Vehicle with multiple interchangeable attachments including:

• Snowblower attachment

• 72” Snowplow “V-blade” attachment

• Sand and salt spreader attachment

• 60” Sweeper bucket attachment

• 48” Hydraulic forks

• Industrial bucket grapple

• 68” Heavy duty bucket.

The Bobcat Toolcat is a utility work machine that will be used for different tasks such as the removal of snow and ice to maintain access during the winter months, and will be used in transportation, removal and other functions. The equipment is critical for the Anchorage, Alaska site to remain continuity of operations during the severe winter seasons.

(4) STATUTORY AUTHORITY:

Far 13.501, which requires preparation of sole source (including brand name) justifications using the format at FAR 6.303-2, modified to reflect an acquisition under the authority of the test program for commercial items. The specific FAR exception to full and open competition under the circumstances is FAR 6.302-1(b).

(5) DEMONSTRATION OF UNIQUE CONTRACTOR QUALIFICATION/NATURE OF ACQUISITION:

The DLA Disposition Services, Anchorage, Alaska site has a requirement for a Bobcat Toolcat UW56 Loader/Utility/Snow Removal Vehicle with Multiple Attachments. Due to the level of snowfall (up to 130” in 2024) and extreme winter conditions in the Anchorage, Alaska area, this equipment must possess ability to remove deep and hardened snow throughout the winter season to maintain continuity of operations.

(6) SOLICITATION SOURCES/PUBLICATION:

In accordance with FAR 5.202, this justification will be synopsized in SAM.gov and should any indications of acceptable additional sources surface, the proposed brand name action can be revisited for any future needs. Wed-based research does show potential dealers of similar equipment, but market research has not yielded an item with the same required level of versatility and capability that Bobcat Toolcat UW56 provides with the wide assortment of attachments.

Justification and Approval (September 2020) Page 3 of 4

(7) CONTRACTING OFFICER FAIR AND REASONABLE ANTICIPATED PRICE DETERMINATION:

Price analysis will be used to determine the fair and reasonableness prior to contract award.

(8) MARKET RESEARCH CONDUCTED:

Alternatives like Toro, Kubota and John Deere lack fully enclosed models and the vast scope of attachments, which are a critical part of the requirement for performance in the Alaskan winter months.

While tractors and skid steers are similar, they do not meet the unique requirements for use in such severe winter conditions. The Bobcat Toolcat UW56 and its attachments offer interchangeable abilities that fit the site needs and the continuity of the operations.

In addition to the market research conducted by the Program Office as summarized above, and the J&A for this action will be publicized, the Contracting Officer searched in Dynamic Small Business Search to try to identify additional sources. Potential vendors are evident but are not believed to be viable sources for the unique needs required. No other sources for the specific capabilities and capacities required under this action are known to exist.

(9) OTHER SUPPORTING FACTS:

The Bobcat Toolcat UW56 is a utility work machine that will be used for different tasks such as the removal of snow and ice to maintain access to site locations and lots during the winter months. This machine will be used to transport and remove snow from property storage lots as well as ensuring snow removal around buildings to provide safe passage around the site for personnel. Additionally, the item possesses the capabilities of several pieces of equipment in one item with the wide variety of attachments allowing for several types of work to be completed without having to acquisition numerous separate pieces of equipment. This machine is critical for the Anchorage, Alaska site to remain operational during the severe winter seasons.

(10) SOURCES INTERESTED IN ACQUISITION:

Bobcat Toolcat UW56

(11) ACTIONS TO REMOVE/OVERCOME BARRIERS TO COMPETITION FOR SUBSEQUENT

ACTIONS:

Actions have been described as above, and this is open to any other measures that can be identified for future actions.

(12) CONTRACTING OFFICER JUSTIFICATION CERTIFICATION:

I certify that the supporting data included in the justification is accurate and complete to the best of my knowledge and belief.

Justification and Approval (September 2020) Page 4 of 4

JUSTIFICATION – REQUIRING ACTIVITY SUPPORT

(1) TECHNICAL/REQUIREMENTS SUPPORTING DATA:

(2) REQUIREMENTS PERSONNEL CERTIFICATION:

APPROVAL OF THE JUSTIFICATION

Name: Brandon Awkerman Title: Contracting Officer Date: 7/28/2025

FAR 13.501

(a)(2) Justifications and approvals are required under this subpart for sole-source (including brand-name) acquisitions or portions of an acquisition requiring a brand-name. If the justification is to cover only the portion of the acquisition which is brand-name, then it should so state; the approval level requirements will then only apply to that portion.

(i) For a proposed contract exceeding the simplified acquisition threshold, but not exceeding $700,000, the contracting officer's certification that the justification is accurate and complete to the best of the contracting officer's knowledge and belief will serve as approval, unless a higher approval level is established in accordance with agency procedures.

(ii) For a proposed contract exceeding $700,000 or the thresholds in paragraph (1) of the definition of simplified acquisition threshold in 2.101, but not exceeding $13.5 million, the advocate for competition for the procuring activity, designated pursuant to 6.501, or an official described in 6.304(a)(3) or (a)(4) must approve the justification and approval. This authority is not delegable.

(iii) For a proposed contract exceeding $13.5 million but not exceeding $68 million or, for DoD, NASA, and the Coast Guard, not exceeding $93 million, the head of the procuring activity or the official described in 6.304(a)(3) or (a)(4) must approve the justification and approval. This authority is not delegable.

(iv) For a proposed contract exceeding $68 million or, for DoD, NASA, and the Coast Guard, $93 million, the official described in 6.304(a)(4) must approve the justification and approval. This authority is not delegable except as provided in 6.304(a)(4).