JOFOC_24July2020_redacted.pdf

Justification for Other Than Full and Open Competition (JOFOC)

1. Agency: Environmental Protection Agency Contracting Activity: Region 8 Mission Support Division Requisition No./Contract Number: PR-R8-20-00409 Recommended Contractor: Braun Northwest, Inc.

2. Nature and/or description of the action:

The EPA currently maintains a small inventory of emergency response vehicles, including a communications truck. These vehicles were all purchased separately using competitive procedures; however, Braun Northwest, Inc. (Braun NW) was the awardee for all three purchases.

As the vehicles age, maintenance costs rise, and more effort is required to keep them running at peak condition. In lieu of purchasing a new communications truck, the Agency has elected to purchase a new chassis, and incidental services, to remount the communications module. This will extend the equipment’s life at a fraction of the cost of a new vehicle.

3. Description of the Supplies or Services:

The main purpose of the action is to purchase a new chassis and all incidental installation services for the Region 08 Emergency Response Communications Truck Module. In addition, some minor repairs will be conducted, and the following supplies will be purchased: long-lasting latches and handles; non-skid on roof; rock guards; a 15,000 BTU HVAC; code compliant circuit breakers; USB charging ports and a backup camera.

4. Statutory Authority:

FAR 13.106-1(b)(1)(i), Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements.

5. Describe how the contractor’s unique qualifications or the nature of the acquisition requires use of the authority cited:

The original communications truck was built by Braun NW in 2009 and the module has a lifetime warranty on the modular body, all exterior doors and all interior aluminum cabinets. The estimated value of the warranty to date is $10,000, but historically the repair rate and, consequently, the value increases over time. The warranty will continue in perpetuity as long as the Agency doesn’t perform one of three warranty voiding actions. One of these actions, as identified in the attached warranty document, is "remounting/repair by anyone other than Braun

NW or its authorized remount/repair facility". A phone call placed on 13 July 2020 with Colorado Sales for Braun NW, confirmed that there are no authorized remount facilities for Braun NW.

Furthermore, previous attempts at competing similar remounts have resulted in unsatisfactory results due to unfamiliarity with this custom-built module. In one instance the chassis purchased was approximately 2 inches off specification forcing the contractor to modify the module to fit.

This created unforeseen delays in the return of the module to the motor pool and introduced a nonstandard vehicle to the pool. Moreover, module remounts require significant electrical system interfacing to connect the new chassis to the old module. This electrical work is the most critical portion of the effort and has historically proven to be the most difficult for the contractors to successfully complete. Braun NW is uniquely positioned to ensure no electrical problems exists because of their knowledge of the system’s design and construction as the equipment’s OEM. In addition to this, Braun NW’s remount process occurs on the same line as a new module installation, thereby getting the same treatment as a new module where the electrical system is inspected and connections are made in a manner consistent with a new vehicle’s producing a “like-new” vehicle.

6. Describe the efforts made to ensure that offers are solicited from as many potential sources as practicable:

As identified above, maintaining the existing warranty and performance of the incidental services are critical to the successful completion of this effort. Since the warranty can only be maintained if remount is performed by an authorized remount/repair facility, Braun NW was contacted to obtain a list of authorized remount facilities. Braun NW’s Colorado Sales Representative, stated that Braun NW does not have any authorized remount facilities. Further market research was performed to determine if an unauthorized remount facility exists that would issue an equivalent warranty. No such firm was identified via a web search or on existing Federal Supply Schedules.

7. The contracting officer determines that the anticipated cost to the Government will be fair and reasonable because a complete analysis of all costs using audits, commerciality, previous history, or other appropriate means will be fully utilized prior to award.

The EPA anticipates that the pricing received will be fair and reasonable. At a minimum a price analysis will be conducted to compare the proposed price to the independent Government estimate; prices paid by the Agency in the past (if available) for similar supplies; and prices offered to other Governmental and non-Governmental entities.

8. Description of the market research conducted (see FAR Part 10). If no market research was conducted, state the reasons:

Extensive market research was conducted both via phone calls and through web searches for a firm that could successfully perform the remount while maintaining the existing warranty or issuing an equivalent warranty at the completion of the work. Numerous firms were identified that sell similar chassis and/or offer remount services, but none were authorized or certified to perform work on Braun NW modules, and none offered a warranty similar to the vehicle’s existing warranty.

9. Other facts supporting the use of other than full and open competition.