Attachment 2 - DF Below SAT - Part 12 (signed).pdf

DETERMINATION & FINDINGS

Authority to Solicit from a Single Source (at or below the SAT)

1. Agency and Contracting Activity: 99th Contracting Squadron

2. Nature and/or Description of the Action: 820 RHS Paver Repair

Award of a single-source contract to Empire Cat is necessary to procure Original Equipment Manufacturer (OEM) parts, proprietary diagnostic services, and factory-certified labor required to repair a specialized Empire Cat vehicle AF24D02610.

3. Citation to the Appropriate Regulation:

(Contracting Officer Instruction: Select the applicable authority for this acquisition)

RFO 8.401 and GSAR 538.7104-3(a) (FSS Orders): The circumstances of the acquisition deem only one source reasonably capable of providing the products, services, or solutions.

RFO 11.204(a)(2)(ii) (Brand Name): 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 the agency's needs or cannot be modified to meet the agency's minimum needs,.

RFO 12.102(a) (Commercial Products and Services): Only one source is available,.

RFO 13.101(b) (Noncommercial Products and Services): Only one source is reasonably available (e.g., urgency, exclusive licensing agreements, brand-name, or industrial mobilization),.

4. Findings:

Empire Cat is the exclusive authorized regional dealer and service provider for this equipment. No other contractor possesses the legal authority, proprietary technical data packages, or specialized factory tooling required to support this platform. Critical diagnostics require manufacturer-restricted software interfaces and proprietary licenses to access the vehicle’s on-board computer systems— assets strictly controlled by the OEM and unavailable to third-party vendors. All maintenance is performed by factory-certified technicians with exclusive access to real-time OEM technical manuals and service bulletins. Introducing non-OEM or aftermarket components introduces unacceptable operational risk. These parts are unvalidated, void existing manufacturer warranties, and dramatically increase the probability of premature system failure, directly jeopardizing mission readiness and operator safety.

5. Determination: Based on the findings above, the proposed sole source or brand name action is justified under the applicable regulation.

6. Signatory Authority: (Contracting Officer Instruction: In accordance with DAF Approval Authorities Matrix PM 26-C-11 Matrix Item 51 for RFO 13.101(b) actions and GSAR 538.7104-3(a) for FSS orders, the Contracting Officer is the approval authority for these determinations).

Samuel, Toledo, SrA, USAF Contracting Officer

Jun 29, 2026

DETERMINATION & FINDINGS

Authority to Solicit from a Single Source (at or below the SAT)

3. Citation to the Appropriate Regulation:

(Contracting Officer Instruction: Select the applicable authority for this acquisition) 2024.07.10.1.

4. Findings:

5. Determination: Based on the findings above, the proposed sole source or brand name action is justified under the applicable regulation.

6. Signatory Authority: (Contracting Officer Instruction: In accordance with DAF Approval Authorities Matrix PM 26-C-11 Matrix Item 51 for RFO 13.101(b) actions and GSAR 538.7104-3(a) for FSS orders, the Contracting Officer is the approval authority for these determinations).

Manufacturer (OEM) parts, proprietary diagnostic services, and factory-certified labor required to repair a specialized Empire Cat vehicle AF24D02610.