Brand LSJ - SR Tractor W912PP24Q0055 (AUG2024) FINAL.pdf

Control No: CESPA-SAP-24-0006

Version – August 2024

Memorandum for Record – Limiting Competition at or below the Simplified Acquisition Threshold

1. Contracting Activity: CESPA-ODO-CS, Santa Rosa Lake Project

2. Description of Action:

Nature: X New Requirement Follow-on Requirement

Contract Vehicle: X Purchase Order Number TBD Blanket Purchase Agreement (BPA) Number _______________ Order/BPA# _______ against FSS Contract #_____ _________ Order #___________ against Multiple Award IDIQ Contract Name or #______________ Order #_______ against a single award IDC Contract Modification # _______ to existing PO/TO/DO/Call Order

Pricing/Contract Type: X Fixed Price Time & Materials/Labor Hours Cost Reimbursable Hybrid

Funds: X Operations & Maintenance, Army (OMA) Other Funds: ________

FY: _24_______

Name of Proposed Contractor(s) and Address:

Deere and Company One John Deere Place Moline, IL 61265

Brand Name Buy: X Yes No

3. Description of Services or Supplies: Purchase one new farm utility tractor as described: John Deere 5060E Cab Utility Tractor with components: One brand name 2024 John Deere 5060E Cab Utility Tractor with the following standard options: JD Link Modem, United States, English Operator's Manual, Less Package, Power Reverser™ 12F/12R Transmission with 0/540EPTO, Loader Prep Package, Premium Cab, Two Mechanical Stackable Rear SCV, Dual Mid Valves with Mechanical Joystick Control, 16.9-28 In. 6PR R1 Bias, Mechanical Front Wheel Drive, (MFWD), 11.2-24 10PR R1 Bias, one 520M Loader, one RC7M Lift Type Rotary Cutter 540 RPM PTO

Period of Performance: 90 days after contract award Total Value: $ 88,000

4. Authority:

X FAR 13.106-1(b)(1): For purchases not exceeding the simplified acquisition threshold (SAT), only one source reasonably available, urgency, exclusive licensing agreements, brand name, or industrial mobilization.

Or

FAR 8.405-6(a)(1)(i)(B) and 8.405-6(b)(1)Brand Name FAR 8.405-6(a)(1)(i)(A) Urgency FAR 8.405-6(a)(1)(i)(B) Only One Source is Capable FAR 8.405-6(a)(1)(i)(C) Logical Follow-on

Or

FAR 16.505(b)(2)(i)(B) Only One Awardee is Capable FAR 16.505(a)(4) Brand Name FAR 16.505(b)(2)(i)(A) Urgency FAR 16.505(b)(2)(i)(C) Logical Follow-on FAR 16.505(b)(2)(i)(D) Minimum Guarantee

5. Reasons for Authority Cited:

a. Due to the service and warranties requirements the item must be procured through John Deere or authorized dealer with United States Army Corps of Engineers-Albuquerque District as the named owner on the service and warranties package. This requirement also restricts the acquisition to a 120-mile radius around the Santa Rosa Lake Project Office to the nearest John Deere vendor to meet a 2-hour service response time in the event of emergencies.

Equipment research was conducted for equipment meeting all the requirements of the current tractor and ability to utilize existing attachments. The John Deere 5060E meets all the requirements. Warranty service, repairs, and routine service are not locally available. The nearest available service is Albuquerque or Clovis, New Mexico. The project currently operates John Deere equipment and has established service agreements for other John Deere equipment at the project.

This equipment may need to be transported to other district projects requiring even greater distance for repairs. Because the project currently has a variation of this type of tractor transitioning to a newer tractor of the same make, this approach is expected be much safer in terms of operability and can be utilized more easily by maintenance workers.

b. Requesting brand name due to current service availability with known service providers. Currently have same brand name implements for use with this equipment. Employees are most familiar with this make of equipment.

c. Detrimental effects are project employee having excessive training or specialized training on new make of equipment. Inability to use numerous implements now used by the current equipment. Safety risk associated without the latest in equipment protection for employees.

6. Publicizing Contract Actions: For FAR Part 13 actions, the public display and synopsis requirements of FAR 5.101 and FAR 5.203 do not apply due to the $ threshold.

Requirement to post justification in accordance with FAR 8.405-6(b)(3), FAR 13.105(c), or FAR 16.505(a)(4)(iii)(A)

Action is NOT a brand name restriction and is under $150K, no posting required

Action is a brand name restriction, under $25K, no posting required Action is a brand name restriction, over $25K. It will be redacted and posted with the solicitation.

Action is a brand name restriction over $25K but will not be posted due to exception:

FAR 6.305(f) FAR 8.405-6(b)(3)(iii)(A) FAR 8.405-6(b)(3)(iii)(B) FAR 8.405-6(b)(3)(iii)(C) FAR 16.505(a)(4)(iii(C)

7. Market Research: SBA DSBS search using NAICS 333111 along with keyword John Deere generated 9 profiles matching that criterion, 7 of which is authorized to provide John Deere tractors. GSA e-Library search using keyword “333111” yielded 7 schedule Contractors 6 of which are small business but a search using the keyword “John Deere 5060E” returned no results. Other District projects are currently purchasing equipment with market research completed by each. All market research leads to both local and non-local SB vendors authorized to provide this equipment therefore a combined synopsis set-aside to small business will be published on SAM Contract Opportunities to allow competition.

Locally:

Desert Greens Equipment Inc.

4850 Pan American Fwy, NE Albuquerque, NM 87109 505-822-0311

8. Other Facts: Project currently operates 2001 model John Deere Farm tractor.

Current cost of service is exceeding service life of equipment. Equipment is used to maintain a flood control project with over 13,000 acres. Contracts are limited due to rural location of the project for maintenance services. In house maintenance is the most practical and advantageous way of completing required maintenance at the project. The primary use of the equipment is daily maintenance of flood control project on the Pecos River Basin at Santa Rosa Lake Project. Equipment is critical to meeting mission requirements. Without the proper equipment infrastructure would deteriorate and legally mandated obligations would not be met endangering public property.

9. Technical/Requirements Certification: I certify that the supporting data under my cognizance which are included in the justification are accurate and complete to the best of my knowledge and belief.

Typed Name:

Date:

Title:

Signature:

X Right-Click "Signature Setup"

10. Reviews:

Small Business Typed Name:

Date:

Title:

Signature:

X Right-Click "Signature Setup"

Legal Counsel Typed Name:

Date:

Title:

CORDOVA.GARY.L

EON.1183786136

Digitally signed by

CORDOVA.GARY.LEON.118378613

Date: 2024.08.15 13:35:04 -06'00'

Signature:

X Right-Click "Signature Setup"

11. Contracting Officer Certification/Approval:

I hereby determine that the anticipated cost or price to the Government for this contract action will be fair and reasonable based upon Best Value using Price, distance to serviceable location with price being most important.

I certify that this justification is accurate and complete to the best of my knowledge and belief, and that completing this purchase as a sole source is in the best interest of the Government. Additionally, I approve this justification to limit competition subject to the availability of funds and provided that the services or supplies herein described have otherwise been authorized for acquisition.

Typed Name:

Date:

Title:

Signature:

X Right-Click "Signature Setup"