JA for Brand Name Determination - CAT - Redacted.pdf

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Control Number 25-0035

LIMITED SOURCE (SINGLE SOURCE) DETERMINATION FOR BRAND NAME

FAR 13.106-1(b) and FAR 11.105(a)(1)

1. CONTRACTING AGENCY: U.S. Army Corps of Engineers, (USACE), Walla Walla District (CENWW-CT), 201 North 3rd, Walla Walla, WA 99362.

2. DESCRIPTION OF THE ACTION: This action is a non-personal services contract for maintenance and inspection services and repairs to a CAT 315D Excavator for the USACE, Walla Walla District, Natural Resource Management Office at Ice Harbor Lock and Dam.

3. DESCRIPTION OF THE SERVICES/SUPPLIES: The contractor will inspect a CAT

315D Excavator, Serial Number CJN01634, and determine the maintenance and repairs necessary to return the excavator to good working order. The contractor will be required to use Caterpillar brand parts to complete the work and all services must be performed by a technician certified to work on Caterpillar brand equipment. The parts and services will include, but will not be limited to:

o TROUBLESHOOT - SWING DRIVE o REBEARING & RESEAL - SWING DRIVE o REMOVE & REPLACE- INSTALL NEW - SWING DRIVE o REMOVE & REPLACE - INSTALL NEW - HYDRAULIC CYLINDERS o REPLACE GASKET/ RESEAL - HYDRAULIC CYLINDERS o REPLACE - WINDOW GLASS o TROUBLESHOOT - WINDOW WIPER MOTOR o TROUBLESHOOT - ENG OIL level SENSOR o TROUBLESHOOT - STARTING SYSTEM o REPLACE GASKET/ RESEAL - HYDRAULIC OIL COOLER

The estimated total value of this action is below the simplified acquisition threshold

(SAT).

4. AUTHORITY CITED:

FAR 13.106-1 (b) Soliciting from a single source. (1) 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).

FAR 11.105(a)(1), Items Particular to One Manufacturer. Agency requirements may be written to as to require a particular brand name, product, or feature of a product, peculiar to one manufacturer, thereby precluding consideration of a product manufactured by another company if the particular brant name, product, or feature of a product is essential to the Government's requirements, and market research indicates other companies' similar

- 2 -product, or products lacking the particular feature, do not meet, or cannot be modified to meet, the agency's needs; and the basis for not providing maximum practicable competition is documented in the file in accordance with FAR 13.106(b).

5. REASON FOR AUTHORITY CITED:

A. JUSTIFICATION: Caterpillar brand parts and services are the only source reasonably available for making needed repairs to the Government’s Caterpillar brand excavator.

After inspection, the contractor will provide all necessary maintenance and repair services on the CAT 315D Excavator using only original equipment manufacturer (OEM) Caterpillar factory parts to ensure optimal performance, reliability, and compliance with manufacturer specifications. The technicians must be certified to work and have the credentials and training necessary to perform the work on Caterpillar brand equipment. The contractor or subcontractor providing these services must be a certified Caterpillar OEM Service provider.

OEM parts specifically engineered to meet the original design, fit, and performance standards of the equipment, as well as the use of certified CAT services, are required to:

o Maintain the equipment’s integrity and performance;

o Ensure compatibility with the excavator’s other systems and components;

o Obtain a warranty from the CAT service provider on the parts/service; and o Reduce the risk of failure or safety issues caused by non-standard components and unqualified services.

B. IMPACT: Using non-OEM or aftermarket parts would compromise system reliability, increase downtime, and potentially damage the excavator. For these reasons, the exclusive use of OEM parts is critical to ensure the long-term sustainability and efficiency of the excavator. If non-OEM parts and/or service are used, and the unit fails, it would cost the Government approximately $500,000 to replace the excavator.

C. ALTERNATIVES: There are no suitable alternative parts and service.

6. DETERMINATION OF FAIR AND REASONABLE COSTS: Based on a current market research quote from WESTERN STATES, the estimated price of the repair services is $24,578.40. According to IGE Signature Matrix of the USACE Acquisition Instruction, a formal IGE is not required since this requirement is under the SAT. Pricing will be determined fair and reasonable prior to contract award.

7. EFFORTS TO OBTAIN COMPETITION: This will be competed as a small business set-aside IAW FAR 19.502-2(a).

8. MARKET RESEARCH: Multiple Small businesses have been identified as interested and capable of fulfilling this requirement. Sources Sought, W912EF25RSS20 was posted

- 3 -on sam.gov on April 17, 2025. One response was received. Market research was conducted on the CAT website and 7 vendors were found within 30 miles of Ice Harbor.

Technical 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.

Prepared by:

Title: Contract Performance Specialist Signature

DETERMINATION: In accordance with the authority of 10 U.S.C. 2304(c)(1), as implemented by FAR 13.106-1(b) and based upon the foregoing, I hereby determine that a brand name procurement is authorized and is in the best interest of the Government.

Approved by:

Title: Contracting Officer Signature:

Reviewed for legal sufficiency:

Title: Deputy District Counsel Signature: