FAR 6 and 13.5 Justification and Approval NRE.docx

Justification & Approval Natural Resources and Environment (NRE) Mission Area United States Department of Agriculture Federal Acquisition Regulation (FAR) Part 6.3, 41 U.S.C. 1901

1. Identification of the agency and the contracting activity USDA Forest Service Procurement & Property Service CSA #2, notice of intent to award sole source procurement.

2. The nature and/or description of the action being approved.

Award of sole source contract for repairing a Bobcat Skid Steer Engine. Contract will be a firm-fixed price.

3. A description of the supplies or services required to meet the agency’s needs (including the estimated value).

Work includes repair of an engine on a Bobcat T870 Compact Track Loader. This repair shall include all parts, supplies, and labor to complete the service. Vendor will ensure the proper installation for safe operation of the vehicle at the completion of service.

4. The statutory authority permitting other than full and open competition.

41 U.S.C. 3304(a)(1), as implemented by FAR 6.302-1, titled "Only one responsible source and no other supplies or services will satisfy agency requirements."

5. A statement demonstrating the unique qualifications of the proposed contractor or the nature of the action requiring the use of the authority.

Bobcat of Fresno is qualified to perform the repairs and is equipped with the necessary tools, knowledge, and experience as an authorized Bobcat Service center. This was a unique situation that requires a large amount of work and an experienced Bobcat mechanic to maintain the integrity of the equipment. Bobcat of Fresno can perform all work required and can provide necessary warranty.

6. A description of efforts made to ensure offers are solicited from as many potential sources as is practicable.

Efforts to obtain quotes from many potential sources is limited to the minimal number of active vendors registered on SAM.gov. Four vendors were contacted and asked if they were able to accept work, all four denied work due to the nature of the repairs needed. The vendors that were contacted suggested to take the equipment to a Bobcat Service Center as they are fully equipped to carry out all repairs necessary.

7. A determination by the Contracting Officer that the anticipated cost to the Government will be fair and reasonable.

The price is expected to be fair and reasonable by comparing pricing to simliar past contract activities.

A description of the market research conducted and the results or a statement of the reason Market Research was not conducted.

Market research concluded that taking the equipment to an authorized dealer was the best option due to the complexity of the repair requirements and the unique nature of the equipment. Four vendors in the central Valley of California advised to seek repairs at the official Bobcat Service Center, as they have the specialized parts and adhere to the necessary manufacture specifications. Bobcat of Fresno will also provide all the necessary warranties.

9. A listing of the sources, if any, that expressed a written interest in the acquisition.

Bobcat of Fresno

10. A statement of actions, if any, the agency may take to remove or overcome any barriers to competition if subsequent acquisitions are anticipated.

In most cases it’s not possible to predict equipment breakdowns and allow for longer lead times for procurement planning and market research; however, when possible, efforts will be made to plan for equipment maintenance and repair needs and allow time for solicitation and re-solicitation as necessary. There are a limited number of shops that can complete repairs to this type of equipment in the local area that are registered in SAM and qualified to complete the necessary repairs.

Certifications & Approvals Supporting data that form the basis for and included in this justification are certified accurate and complete.

Prepared by Jose Rivera Contract Administrator

The information contained in this Justification for Other Than Full and Open Competition is certified accurate and complete to the best of my knowledge and belief.

image1.emf