JOTFOC 47QSWC24K0066 K9 Vehicle-Signed.pdf

General Services Administration Justification For Other than Full and Open Competition

FAR 13.5 (6.302-4)

1. IDENTIFICATION OF THE AGENCY AND CONTRACTING ACTIVITY

Contracting Activity: General Services Administration (GSA)

Federal Acquisition Service (FAS) Office of General Supplies and Services (GSS) Large SOP 819 Taylor St., Fort Worth, TX 76102

Requiring Activity and Address: US Army TACOM/SAMD 6501 E. 11 Mile Rd.

Warren, MI 48937 On behalf of Tunisia FMS program

Description of Requirement: K9- Transportation Vehicle- FMS TU-B-UVR Tunisia Brand Name(s): Ford F350 Motor Co.

GSA’s Acquisition PIID # 47QSWC24K0066 Procurement Vehicle: Open Market, FAR 13.5 Simplified Procedures for Certain

Products and Commercial Services Preponderant North American Industry Classification System (NAICS) code and Title:

Size Standard:

NAICS: 336110, titled: “Automobile and Light Duty Vehicle Manufacturing”

1,500 employees

Product Service Code (PSC) code and Title:

2540, titled: Vehicular Furniture and Accessories

Period of Performance (POP): 240 Days ARO

Estimated IDIQ Value:

2. NATURE AND/OR DESCRIPTION OF THE ACTION BEING APPROVEDS

This action is to request the approval of a single award, open market, Purchase Order contract under FAR 6.302-4, International Agreement and in accordance with FAR 13.5, Simplified Procedures for Certain Commercial Products and Commercial Services.

This action is to notify the public of approval to award a Brand Name Justification (BNJ) for a one-time purchase order for four (4) K9 transportation vehicles built on the Ford Motor Co. F350 chassis and Ford specific replacement parts for Tunisia. The requirements are specified in Letter of Acceptance (LOA) Case TU-B-UVF on behalf of Tunisia.

Shipping and handling terms are F.O.B. Origin, Door-to-Door. Inspection and acceptance shall be at Origin. GSA Transportation will arrange transportation through the Defense Transportation System

(DTS).

Vehicles and spare parts will not be nestled with each other. Spare parts must be separately palletized and shipped.

3. A DESCRIPTION OF THE SUPPLIES OR SERVICES REQUIRED TO MEET THE

AGENCY’S NEEDS (INCLUDING THE ESTIMATED VALUE)

The requirements specified in Letter of Acceptance (LOA) Case TU-B-UVF on behalf of Tunisia are listed in the below table:

LOA

Line # Description U/I QTY Estimated Value

K9 Transportation Truck (built on Ford 350 chassis) EA 4

002 Spares Ford F350 K9 Truck LT 1 Total Aggregate Price

Delivery: 240 days after receipt of the order (ARO).

Shipping and handling terms are F.O.B. Origin, Door-to-Door. Inspection and acceptance shall be at Origin. GSA Transportation will arrange transportation through the Defense Transportation System

(DTS).

Vehicles and spare parts will not be nestled with each other. Spare parts must be separately palletized and shipped

4. AN IDENTIFICATION OF THE STATUTORY AUTHORITY PERMITTING OTHER

THAN FULL AND OPEN COMPETITION

This acquisition will be conducted under the authority of FAR 13.5 and 6.302-4 (10 U.S.C. 3204(a)(4) or 41 U.S.C. 3304(a)(4)), “International Agreements”. The K-9 Transportation vehicle and the spare parts meets the definition of commercial products in accordance with FAR 2.101 as these items are customarily available in the commercial marketplace.

For sole source purchases (including brand name) greater than the Simplified Acquisition Threshold (SAT) but not exceeding $7.5 million, the requirements at FAR 13.500 apply. The need for a sole source requirement is justified in writing utilizing the format at FAR 6.303-2 properly modified to reflect that the procedures at FAR 13.5 were used. This justification will be approved at the levels specified in accordance with FAR 6.304. The JOTFOC will be posted IAW FAR Subpart 13.501(a)(1)(iv) which requires a brand name justification to be posted with the solicitation IAW FAR 5.102(a)(6).

5. A DEMONSTRATION THAT THE PROPOSED CONTRACTOR’S UNIQUE

QUALIFICATIONS OR THE NATURE OF THE ACQUISITION REQUIRES USE OF

THE AUTHORITY CITED

According to the LOA, K9 transportation vehicles (built on the F350 chassis) are the only brand that will meet Tunisia’s requirements. Procuring an entirely different brand name would significantly increase the logistical footprint and impede Tunisia’s mission performance because Tunisia is already stocked with the

Ford Motor Co. chassis and has stockpiles of spare parts such as alternators, and starters. Introducing a new manufacturer's product at this time would incur a duplication of cost to the Tunisia Government by requiring the creation of a new inventory of another manufacturer's spare parts which forces the end user to inventory, manage, and maintain replacement parts from multiple manufacturers. Maintaining an inventory of hardware and accessories for multiple brands is redundant and cost inefficient because purchasing smaller quantities of multiple brands of vehicles eliminates the purchasing power afforded by larger quantity orders of a single vehicle by splitting Tunisia’s demand thereby compromising the Government's ability to leverage its buying power. As a result, the Tunisia Government would pay more for the redundancy of multiple brands than for the standardization of a single vehicle. For instance, any new manufacturer would require new maintenance equipment, maintenance schedules, and operator training; new manuals for each variant; additional parts to the already established stock system; additional training to familiarize Tunisia operators with the new manufacturer; and dissemination of all the additional new information to the Tunisia operators.

Therefore, given the Government’s unique requirements as specified in the LOA FMS Case’s TU-B-UVF under the Arms Export Control Act (22 U.S.C. Chapter 39) and authority cited under FAR 6.302-4 and DFARS 225.7304, limiting the solicitation to brand name Ford Motor Co. chassis is justified.

6. A DESCRIPTION OF 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

A Notice of Intent will not be posted as exception 5.202(a)(3) applies. The exception allows for a notice to not be posted when “The proposed contract action is one for which either the written direction of a foreign government reimbursing the agency for the cost of the acquisition of the supplies or services for such government, or the terms of an international agreement or treaty between the United States and a foreign government, or international organizations, has the effect of requiring that the acquisition shall be from specified sources”

7. A DETERMINATION BY THE CONTRACTING OFFICER THAT THE ANTICIPATED

COST TO THE GOVERNMENT WILL BE FAIR AND REASONABLE

The requirement for Ford F350 based K9 transportation vehicles and spare parts will utilize FAR 13.106- 3(a) to determine price fair and reasonable. The techniques include:

(1) Competitive quotations of Offers

(2) If only one quote is received

(i) Market research;

(ii) Comparison of the proposed price with prices found reasonable on previous purchases;

(iii) Current price lists, catalogs, or advertisements. However, inclusion of a price in a price list, catalog, or advertisement does not, in and of itself, establish fairness and reasonableness of the price;

(iv) A comparison with similar items in a related industry;

(v) The contracting officer’s personal knowledge of the item being purchased;

(vi) Comparison to an independent Government estimate; or

(vii) Any other reasonable basis.

The price fairness and reasonableness determination will be documented in the Award Decision Document (ADD)

8. A DESCRIPTION OF THE MARKET RESEARCH CONDUCTED (SEE PART 10) AND

THE RESULTS OR A STATEMENT OF THE REASON MARKET RESEARCH WAS

NOT CONDUCTED

The CO posted a Request for Information (RFI) on GSA eBuy for five (5) days and received two (2) responses, Bukkehave Inc and The Armored Group (TAG). Both vendors stated they could provide the required products; however, only TAG has the product on their MAS contract.

Additionally, GSA Advantage was searched and two (2) MAS Categories 3361 “Law Enforcement and Fire Fighting Vehicle and Attachments” with thirty-one (31) vendors listed and 3361V “Vocational Vehicles” with fifty-six (56) potential vendors fit the requirement. Both MAS Categories have vendors that are known to provide purpose-built vehicles on standard commercial chassis. Based on the research among these two (2) categories possible sources of supply are:

Africa Automotive Distributive Services MAS Contract GS-30F-005DA Global Enterprise MAS Contract GS-30F-040BA Master’s Transportation, Inc. MAS Contract GS-30F-0014W The Armored Group (TAG) MAS Contract GS-30F-0020W

Although four (4) possible vendors were identified by the CO above, there are a total of sixty-seven (67) vendors with a contract in one of these two (2) MAS Categories (some vendors are listed in both MAS Categories). All vendor’s listed under either MAS Category were provided equal opportunity to compete for this requirement.

Based on the market research a Request for Quote (RFQ) was posted in GSA’s eBuy system for thirty

(30) days and zero acceptable quotes were received. Based on the lack of sources willing and able to quote the required products, the acquisition strategy was changed from FAR 8.405 to FAR 13.5.

9. ANY OTHER FACTS SUPPORTING THE USE OF OTHER THAN FULL AND OPEN

COMPETITION, SUCH AS:

(I) EXPLANATION OF WHY TECHNICAL DATA PACKAGES, SPECIFICATIONS,

ENGINEERING DESCRIPTIONS, STATEMENTS OF WORK, OR PURCHASE

DESCRIPTIONS SUITABLE FOR FULL AND OPEN COMPETITION HAVE

NOT BEEN DEVELOPED OR ARE NOT AVAILABLE.

(II) (II) WHEN 6.302-1 IS CITED FOR FOLLOW-ON ACQUISITIONS AS

DESCRIBED IN 6.302-1(A)(2)(II), AN ESTIMATE OF THE COST TO THE

GOVERNMENT THAT WOULD BE DUPLICATED AND HOW THE ESTIMATE

WAS DERIVED.

(III) (III) WHEN 6.302-2 IS CITED, DATA, ESTIMATED COST, OR OTHER

RATIONALE AS TO THE EXTENT AND NATURE OF THE HARM TO THE

GOVERNMENT.

The required Ford Motor Co. chassis is the only brand capable of meeting this FMS need as defined by the LOAs. Until it is determined that the Ford F350 platform no longer meets the Tunisia Government's needs, procurement of that brand name must continue. To ensure the above requirement is met, TACOM will continue to evaluate the capabilities of other brands/models through continuing market research and the changing needs of TACOM, and Tunisia. Continued efforts in this regard will ensure the Government utilizes the most efficient and economical provider.

While GSA is committed to expanding competition, we must accomplish that goal with the least risk to the successful support of the GSA Mission and the ongoing efforts supporting our customer's mission.

GSA jeopardizes being able to meet our customers' needs by not completing this limited-source procurement.

10. A LISTING OF THE SOURCES, IF ANY, THAT EXPRESSED, IN WRITING, AN

INTEREST IN THE ACQUISITION

None.

11. A STATEMENT OF THE ACTIONS, IF ANY, THE AGENCY MAY TAKE TO REMOVE

OR OVERCOME ANY BARRIERS TO COMPETITION BEFORE ANY

SUBSEQUENT ACQUISITION FOR THE SUPPLIES OR SERVICES REQUIRED

Ford Motor Co. is currently the only brand capable of meeting the Government’s needs. Prior to any subsequent procurement, the Government will once again review the market using various methods to assess whether any other qualified sources are available and are able to meet the Government’s requirements.

TECHNICAL REQUIREMENTS CERTIFICATION

I certify that the facts and presentations under my cognizance, which forms a basis for this justification and its supporting acquisition planning documents, except as noted herein are complete and accurate to the best of my knowledge.

David Tipp Date

TACOM.SAMD

TIPP.DAVID.LYLE.JR.12346

68214

Digitally signed by

TIPP.DAVID.LYLE.JR.1234668214

Date: 2024.10.09 22:01:06 -04'00'

CONTRACTING OFFICER CERTIFICATION AND APPROVAL

The Contracting Officer has determined that the appropriate actions taken under this acquisition meet the conditions described in FAR Subpart 6.302-4, Only One Responsible Source. The information contained in this justification is accurate and complete to the best of the Contracting Officer's knowledge and belief.

Jack Brothers Date Contracting Officer, Large SOP (QSCBDB)

Approved by:

Phil Cleveland Date One Level Above, Large SOP (QSCBDB)

JACK BROTHERS

Digitally signed by JACK

BROTHERS

Date: 2024.10.11 07:22:37 -05'00'

Phillip Cleveland Digitally signed by Phillip

Cleveland

Date: 2024.10.11 12:03:27 -05'00'