JA RDO Equipment.pdf

U.S. DEPARTMENT OF JUSTICE

UNICOR, Federal Prison Industries, Inc.

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION:

1. Authority Cited:

6.103-1

2. Identification of the agency and the contracting agency.

Federal Prison Industries (UNICOR) Lompoc Farms

3. Nature and/or description of the action being approved.

Lompoc Farms require various John Deere parts for the Agriculture Operations. They primarily use John Deere Equipment for the operations.

4. A description of the supplies or services required that meet the agency’s needs (including the estimated dollar amount).

The required supplies and services encompass emergency mechanical repairs, scheduled field maintenance, and specialized OEM components for a fleet of John Deere tractors, heavy-duty implements, and automated harvesting accessories.

Due to the unpredictable wear and tear inherent in high-volume farming operations, it is impossible to pre-determine the exact scope or timing of mechanical failures.

Consequently, this justification covers as-needed, rapid-response parts and service procurement to maintain continuous fleet availability.

Estimated cost to the Government for one year operations: $125,000

5. Identification of the statutory authority permitting other than full and open competition.

41 U.S.C. 3304(a)(2)

6. A demonstration that the proposed contractor’s unique qualifications or the nature of the acquisition requires the use of the authority cited.

Two vendors hold exclusive, contractually protected John Deere dealership and distribution rights within this geographic region. No other regional source possesses authorized access to the proprietary John Deere electronic diagnostic networks, specialized software calibrations, or a dedicated on-site inventory of OEM parts.

Lompoc Farm manages highly time-sensitive agricultural assets. Cultivation, irrigation, and harvesting windows are constrained by precise biological and seasonal timelines. Delayed interventions directly cause rapid degradation of crop quality, severely reduced yields, and catastrophic financial loss of government property.

Undertaking a full and open competition—including formal solicitation drafting, mandatory SAM.gov postings, and standard evaluation periods—introduces an unacceptable administrative delay. During a mechanical failure, such delays would immobilize essential machinery, immediately reducing operational capacity and resulting in the imminent loss of high-value crops.

Lompoc Farm has a fleet of various John Deere Tractors, Accessories, and Heavy Duty Equipment. There is only one source who has the John Deere dealership rights in the region.

Due to the nature of the operation it is impossible to predict when a piece of equipment may require repairs or what exact repairs will be required.

The loss of any equipment puts the operation in a reduced capacity to operate and will result in loss of valuable agricultural products. The need to be able to acquire products and services from the local John Deere dealership is imperative to prevent detrimental loss to the Government.

The affected crops are time-sensitive agricultural assets whose value and usability degrade quickly without the proper cultivation. Waiting to conduct a full and open competition, including posting to SAM.gov and allowing standard solicitation timelines, would result in substantial loss of Government property, reduced yield, and potential mission impact.

7. A description of effects made to ensure that offers are solicited from as many potential sources as is practical including whether a CBD notice was, or will be, publicized as required by Subpart 5.1 and, if not, which exception under 5.101 applies.

Due to the nature of the acquisition, the inability to forecast the procurement needs, and the exclusivity of Authorized Dealership Rights in the Region the ability to source from multiple vendors does not seem possible currently. The next closest Authorized John Deere Dealership is more than 4 hours from the location.

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

Using purchase history of similar services I have determined that the cost is Fair and Reasonable to the Government.

9. A description of the market survey conducted and the results or a statement of the reasons a market survey was not conducted.

Analysis of the area confirms there is only two Authorized John Deere Dealership in the region. One (Cal Coast Machinery) will not accept a government purchase order.

10. Any other facts supporting the use of other than full and open competition.

N/A

11. A listing of sources, if any, that expressed in writing, an interest in the acquisition

Cal Coast Machinery – will not take PO

RDO Equipment

12. A statement of the actions, if any, the agency may take to remove or overcome any barriers to competition before any subsequent acquisitions for the supplies or services are required.

Due to the nature of this acquisition and only two Authorized John Deere Dealership in the region the Government does not see a way to mitigate this sole source requirement since one of the dealerships (Cal Coast Machine) will not accept government purchase orders.

13. Contracting Officer’s certification that the information is accurate and complete to the best of the Contracting Officer’s knowledge and belief.

By signing the form, the contracting officer certifies the acceptability of the document.

Factory Contracting Officer Approved

(Required on all J&A’s exceeding $500,000)

Operations Manager Approved

(Required on all J&A’s exceeding $500,000)