JA_BrandNameOrEqual_Redacted.pdf

CUI//SP-PROCURE//DL ONLY

J&A No. 24-001

JUSTIFICATION AND APPROVAL (J&A)

FOR USE OF BRAND NAME OR EQUAL DESCRIPTIONS,

OR PROPRIETARY SPECIFICATIONS AND

STANDARDS, IN SOLICITATIONS

1. Contracting Activity.

MCIWEST

2. Description of the Action Being Approved.

MCIWEST is seeking to award a Firm Fixed Price service contract using brand name description(s).

3. Description of the Supplies/Services.

The required services are to repair the undercarriage of a Caterpillar D8 Dozer. The estimated cost of this repair is $85,161.40, using FY24 O&M funds.

4. Statutory Authority Permitting Other Than Full and Open Competition.

This document meets the regulatory requirement at DFARS 206.302-1(c)(2) to execute the justification and approval addressed at FAR 13.501(a) in order to use Caterpillar. FAR Subpart 13.5 procedures are being utilized for this acquisition in accordance with 41 U.S.C. 1901.

5. Rationale Justifying Use of Cited Statutory Authority.

Caterpillar equipment can only have maintenance and repair services performed by Caterpillar certified technicians. If technicians other than those certified perform services on the equipment, any and all warranties on the equipment will be voided.

6. Description of Efforts Made to Solicit Offers from as Many Offerors as Practicable.

Market research was conducted in accordance with FAR Part 10, which revealed multiple local vendors in the commercial market place capable of providing the required services. An RFI was posted on SAM.gov, which resulted in only one vendor expressing interest. No vendors expressed any concern with the exclusive use of Caterpillar certified technicians. While this procurement will be limited to vendors with Caterpillar certified technicians in order to preserve warranties associated with Caterpillar equipment, the requirement will be competed.

7. Determination of Fair and Reasonable Cost.

The Contracting Officer has determined that the anticipated cost to the Government of the supplies/services covered by this J&A will be fair and reasonable.

Controlled by: DON, USMC, I&L HCA Controlled by: MCI-West RCO CUI Category(ies): PROCURE Limited Dissemination Control: DL ONLY POC: Alex Budai, 760-763-5421

CUI//SP-PROCURE//DL ONLY

TRICK.ANTHON ANTHONY.1466096705

Y.1466096705 Patrick A. Baughman 760-383-0431 See Signature Box .

8. Actions to Remove Barriers to Future Competition.

For the reasons set forth in Paragraph 5, the activity has no plans at this time to eliminate the use of brand name or equal descriptions from future solicitations for the types of services covered by this document; however, this will be reassessed during follow-on acquisition planning.

CERTIFICATIONS, REVIEWS, AND APPROVALS:

TECHNICAL/REQUIREMENTS CERTIFICATION

I certify that the supporting data under my cognizance which are included in this justification are complete and accurate to the best of my knowledge and belief.

COLE.CHRIST

Digitally signed by

COLE.CHRISTOPHE.W

OPHE.WAYNE. AYNE.SR.1167122996

Date: 2024.03.18 08:47:32 -07'00' Christopher W. Cole, Sr. 760-725-4779 See Signature Box.

Signature Name (Printed) Phone No. Date

LEGAL SUFFICIENCY REVIEW

I have determined that this Justification is legally sufficient.

CONTRACTING OFFICER CERTIFICATION AND APPROVAL

I certify that this Justification is accurate and complete to the best of my knowledge and belief.

Distribution List for DL ONLY Limited Dissemination Control

MCFCS Personnel

LB Personnel

Procurement Team Personnel (to include but not limited to: Legal, Customers/Requirements Owners, Source Selection Personnel, Small Business Representatives)

Any other individual designated by the KO

STOPHER.M. ER.M.1187411099

Christopher B. Erly, Esq. 760-763-0045 See Signature Box .

SR.1167122996