JOFOC.pdf

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

BRAND NAME ONLY

AUTHORITY: FAR 6.302, 41 U.S.C. 253(c)

Pursuant to the requirements of the Competition in Contracting Act (CICA) as implemented by FAR 6.3 and in accordance with the requirements by FAR 6.303-1, the justification for the use of the statutory authority under FAR 6.3 is justified by the following facts and rationale required under FAR 6.303-2 as follows:

1. Description of the supplies required to meet the agency’s needs.

The Bureau of Indian Affairs – Eastern Region require the use of one (1) Type 3 Initial Attack Wildland Firefighting Dozer (crawler) with factory equipped specialty wildland fire safety package to perform various job responsibilities that include, but are not limited to, wildland fire and prescribed burn operations.

The Cat D3 Fire Suppression Dozer can meet the demands of wildland fire suppression, hazardous fuels reduction, and prescribed fire operations and can provide a factory-installed wildland fire safety equipment which meets industry standards and National Wildland Fire Coordinating Group wildland fire dozer standards.

2. Statutory authority permitting other than full and open competition.

This is an acquisition conducted under the authority of the Simplified Procedures for Certain Commercial Items. The statutory authority permitting sole source acquisition is 41U.S.C 1901 as implemented by FAR 13.501(a)(1)(ii).

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

The purpose of this specification is to establish a purchase requirement for specially equipped wildland firefighting crawler bulldozers (dozers) and accessory equipment for use by the Bureau of Indian Affairs, Eastern Region – Division of Wildland Fire Management.

The machine as specified will be used for hazardous fuels projects and emergency wildfire response purposes. The mission requirements for fire dozers differ from those that are utilized in the construction and other non-emergency related industries due to the critical nature of the work that these machines and operators are expected to perform. The requirements identified in this document will be strictly adhered to as the safety of our firefighters and public are the number one priority for the wildland fire agencies. This equipment will be subjected to extreme heat, steep slopes, rocky terrain, swamps, bogs, dusty conditions, forested landscapes, all risk incidents including hurricanes, floods, and other natural disasters. It’s critical to the mission that the equipment identified in this specification is reliable and properly outfitted to perform under the most extreme conditions that may exist in the environment that it will be exposed too. For those reasons these specifications were developed to provide our dozer operators with a safe, reliable, and effective tool.

The firefighting dozer offered must meet the detailed requirements listed in this document and must be equipped with a with factory-installed Fire Suppression Package designed to help protect the operator and the machine in harsh applications commonly associated with wildland fire responses.

Fire suppression package consistent with the following non-standard upgrades: A) option for halogen or LED lighting with front work light guard, B) external hinged brush screen release for cleaning, C) hydrostatic winch with variable line speed for load control, D) D- Ring tie downs for safety chaining to trailer, E) 0.47” thick extreme duty bottom guard for protection, F) exhaust pipe secured to sweep for protection, G) sweeps to protect the machine from branches, H) right side hinged door and quick release engine panel on left side for ease of access, I) hinged, heavy duty radiator grill guard for easy access, J) fire sleeve protection covers on coolant lines, diesel exhaust fluid lines, heater hoses, hydraulic lines, K) air intake filter with spark arresting fire elements, L) steel hydraulic tank, M) stainless steel fuel tank, N) internal release on side screens for emergency exit, O) blade hydraulic lines with nylon sleeves protecting hydraulic hoses from puncture or other abrasion damage, P) work lights on three independent circuits for choice of illumination of the work area, Q) manual fuel shut off, R) winch with maximum speed and pull

The Bureau of Indian Affairs – Eastern Region require the use of one (1) Type 3 Initial Attack Wildland Firefighting Dozer (crawler) with factory equipped specialty wildland fire safety package to perform various job responsibilities that include, but are not limited to, wildland fire and prescribed burn operations.

The Cat D3 Fire Suppression Dozer can meet the demands of wildland fire suppression, hazardous fuels reduction, and prescribed fire operations and can provide a factory-installed wildland fire safety equipment which meets industry standards and National Wildland Fire Coordinating Group wildland fire dozer standards (attached). Meeting the standards is an important factor for the safety of the different operators to be familiar with the equipment and its’ capabilities wherever or by whomever it may be used across nation’s trust lands.

Another factor for the selection of this equipment is that Caterpillar offers this wildland fire package as factory installed equipment and that comes with the full machinery warranty coverage. The only other option is to purchase a bulldozer and then send it off to multiple different custom fabrication shops to have all of the requires safety modifications installed which could take more than a year by which time our factory warranty would be expired or voided due to the end user modifications. In looking at the cost of time, a factory installation of the fire package is the most efficient and cost effective solution for the government. As Caterpillar is the only company offering this package as a factory installation, brand name only is therefore considered to be most efficient means of delivery to the government.

Lastly, as these machines are subjected to conditions that are extreme for any use, as well as being utilized anywhere, nearby service is also a factor. Caterpillar service is available nation-wide currently showing 2,392 locations according to this estimation: Number of CAT locations in the USA in 2024 | ScrapeHero .

4. Efforts made to ensure that offers are solicited from as many potential sources as is practicable, including whether a notice was or will be publicized as required by Subpart 5.2 and, if not, which exception under 5.202 applies.

This requirement will be publicly solicited on SAM.gov, the GPE required at FAR 5.102(a)(6), as an Indian Small Business Economic Enterprise (ISBEE) set aside.

Documentation required under FAR 6.302-1(c) will be posted with the solicitation as noted at FAR 5.102(a)(6), after redaction.

5. Any other facts supporting the use of justification of other than full and open competition, such as:

Promptly and efficiently obtaining the product is of importance for the safety and protection of personnel. A manufacturer that has the specialty additions that make up the fire suppression package available as factory installed equipment provides for a streamlined process. Other manufacturers may replicate all the items in the package, but as non-standard equipment could take an inordinate amount of time and expense to meet the equal specifications of the equipment and testing of the additions would be required.

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