BRAND NAME JUSTIFICATION_Redacted.pdf

MEMORANDUM TO THE FILE

Subj: USE OF OTHER THAN FULL AND OPEN COMPETITION FOR AN

ACQUISITION UNDER THE SIMPLIFIED ACQUISITION THRESHOLD

I. BACKGROUND:

1. FAR 13.106-1(b)(1)(i) states for purchases not exceeding the simplified acquisition threshold, Contracting Officers may solicit from one source 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 or industrial mobilization).

2. As required by FAR 13.106-3(b)(3)(i), this memorandum explains the absence of competition for this acquisition, as only one source will be solicited for this requirement (or for a portion of the requirement) and the requirement is not expected to exceed the simplified acquisition threshold.

II. DESCRIPTION OF ITEM OR SERVICE:

Provide a description of the item or service required, to include its intended use, the name of the required source or brand name, and the required delivery date/period of performance.

III. THE DETERMINATION FOR USE OF OTHER THAN FULL AND OPEN

COMPETITION IS BASED ON THE FOLLOWING (select all that apply):

A. ___ ONLY ONE RESPONSIBLE SOURCE (select all that apply):

1. ___ RESTRICTIVE RIGHTS. The source has established proprietary rights, limited rights in data, patent rights, copyrights or secret processes in the item or service required.

Explain what rights are restricted, why the restrictive rights make the required item or service available from only one source, and why another company could not satisfy the Government�s need.

2. ___ EXCLUSIVE LICENSING AGREEMENTS. The item or service is only available from the Original Equipment Manufacturer (OEM), or there is only one authorized distributor or technical representative for the OEM.

Identify the OEM and explain the circumstances surrounding why the item or service is only available from the OEM.

OR

Identify the distributor(s)/authorized technical representative(s) for the item or service. Provide evidence of the exclusive licensing agreement as an attachment to this document. NOTE: If there is more than one distributor/authorized technical representative for an OEM part, then Part B, BRAND NAME SOLE SOURCE, is applicable, and Part A, ONLY ONE RESPONSIBLE SOURCE, should be left blank).

3. ___ OTHER REASONS. Other reason not identified above. Provide details on mission impact if requirement is not solicited from only one source.

B. _X__ BRAND NAME. Item required must be a brand name product, or feature of a product, particular to one manufacturer. Discuss why you are precluding consideration of a product manufactured by another company. Describe how the particular brand name, product, or feature is essential to the Government�s requirements and why a �brand name or equal� purchase des scription cannot be used (see FAR 11.104). Describe how 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.

The GEM L26G2DEALA is the only Low-Speed Electric Vehicle (LSV) that meets the exact dimensional, environmental, and medical configuration constraints required for this mission.

WAEV Inc. is the Original Equipment Manufacturer (OEM) and they have a Letter of Supply with Federal Contracts LLC, which authorizes them to sell the vehicles as the government source.

The critical requirements that restrict this procurement to this specific make and model include:

Factory-Approved Ambulance Integration: The GEM eL XD is specifically engineered in partnership with the QTAC Fire company to house a professional-grade medical skid. Unlike third-party aftermarket conversions that compromise the vehicle's center of gravity, the QTAC skid is mounted securely between the wheels for maximum stability during emergency patient transport.

Street-Legal Compliance: IAW 49 CFR and DoW safety standards therein, to conduct emergency medical transport across public installation roadways, the vehicle must be strictly compliant with 49 CFR § 571.500 (FMVSS 500) for Low-Speed Vehicles (LSVs) and DoW/DoD Traffic Safety Programs. The GEM eL XD is factory-built to these exact specifications, coming standard with an SAE-certified Occupant Protection System (OPS), automotive-grade safety glass windshield, 3-point seatbelts, turn signals, mirrors, and a pedestrian warning system. Off-road UTVs and modified golf carts lack these federal certifications and are therefore legally prohibited from operating on base roads in mixed traffic.

Heavy Payload with Smooth Suspension: Patient transport requires a minimum vehicle payload capacity of 1,400+ lbs combined with a stabilized ride. The GEM eL XD offers up to

1,629 lbs of payload and independent front/rear suspension, which prevents further patient trauma during transit�a feature not available on standard utility carts.

Unmatched 4-Year Vehicle & 7-Year Battery Warranty: Market research confirms that competitor platforms (e.g., standard industrial utility carts) typically only offer a 1-year or 2-year warranty. Relying on a vehicle with a shorter warranty poses an unacceptable financial and operational readiness risk to the government due to potential out-of-warranty motor pool maintenance costs and vehicle downtime.

No other manufacturer currently offers an off-the-shelf, factory-integrated, electric vehicle, street legal LSV that meets all the above spatial and operational constraints.

Market research was conducted by John Crawford, the customer point-of-contact from requiring activity Naval Aviation Schools Command, by reviewing commercial catalogs and technical specifications of competing electric utility vehicles (e.g., Club Car, Taylor-Dunn, Polaris Pro XD). While other vendors manufacture electric utility carts, none offer the required 4-year vehicle / 7-year battery warranty framework needed to meet the command�s lifecycle cost-containment requirements. Alternative platforms lack the specialized independent suspension and factory-engineered, high-stability QTAC medical skid layout required for secure patient care. Finally, research concluded that the WAEV GEM Ambulance is the only electric platform that strictly meets 49 CFR § 571.500 requirements for street-legal operation on DoW installations. Alternative platforms either lack the necessary federal safety certifications for base roadways or cannot safely support a full medical skid payload with independent suspension.

Procuring a non-standard platform and attempting an aftermarket medical upfit would not be compliant with 49 CFR § 571.500 requirements, and it would increase safety risks to patient transport.

Naval Aircrew Candidate School (NACCS) training involves high-attrition, extreme physical exertion (including class II swim tests, simulated aircraft egress, and wilderness survival drills) which carry inherent risks of severe heat exhaustion, drowning, cardiac events, and musculoskeletal trauma.

Without dedicated, low-profile medical utility vehicles (such as the zero-emission GEM Electric Ambulance) stationed directly at training pools, simulated survival decks, and running tracks, medical staff cannot rapidly access injured candidates within the NACCS training program.

Traditional base ambulances are too large to enter indoor pool facilities or narrow training paths.

A delay of even 2 to 3 minutes in treating an active cardiac or drowning event due to lack of a maneuverable transport vehicle can result in permanent injury or death.

C. ___UNUSUAL AND COMPELLING URGENCY. The supplies or services are of such unusual and compelling urgency that the Government would be seriously injured unless the agency is permitted to limit the number of sources from which it solicits bids or proposals.