JOTFOC-Oliver and Dahlman Equipment-Bet.sam.pdf

General Service Administration (GSA) Justification for Other Than Full and Open Competition (JOTFOC)

Identification of the agency and the contracting activity

Procurement Office: General Services Administration (GSA) – Region 7, Federal Acquisition Services (FAS), Acquisition Operations Division (AOD) Agency: Air Force Environmental Center of Excellence (AFCEC) Task ID: ID22200075 Description of Requirement: Dozer Plows Total Estimated Value of the Action:

Period of Performance (PoP): Delivery within 90 days ARO Procurement Vehicle: Fed Biz Ops (FBO) Brand Name: Oliver and Dahlman Equipment Co

Nature and description of action being approved:

AFCEC has been tasked with performing all wildland fire activities, to include land maintenance and fire suppression on thirteen (13) Air Force bases. To carry out these functions AFCEC utilize many types of heavy equipment, such as the construction dozers. These dozers are capable of utilizing several different attachments to perform the required functions fire suppression activities.

AFCEC has requested that GSA procurement conduct a single award Firm-Fixed Price (FFP) delivery order for several attachments that are manufactured by Oliver and Dahlman Equipment Co. The requirement was sent to and accepted by Southwest Supply Acquisitions Center (SSAC) for assisted acquisitions support. The Inter-Agency (IA) Agreement was signed on 06/16/2020.

This JOTFOC serves to support the sole source procurement of Oliver and Dahlman Equipment Co fire line plows.

In accordance with FAR 13.106-1(b), “Soliciting from a single source”, which states: (i) Contracting Officers may solicit from only one source if the Contracting Officer determines that the circumstance of the contract action deems only one source reasonably available. This justification will document that only Oliver and Dahlman Equipment Co fire plows will satisfy this requirement.

A descript ion of the supplies or services r equired to meet the agency’s needs:

AFCEC requires the following Oliver and Dahlman Equipment Co fire plows:

Item Part Number Estimated Quantity Plow RM-1000H 1 Plow P32H 9

Identification of Statutory Authority Permitting a Fair Opportunity Exception:

This JOTFOC will document that the products/features of Oliver and Dahlman Equipment Co.

plows are essential to the Government requirements. The authority to conduct this procurement is found in Subpart 13.106-1(b)-soliciting from a single source:

(1) For purchases not exceeding the simplified acquisition threshold.

(i) 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). Oliver and Dahlman Equipment Co. offers a unique product that other manufacturers cannot provide.

(3) See 5.102(a)(6) for the requirement to post the brand-name justification or documentation.

5.102(a)(6) When an acquisition contains brand name specifications, the contracting officer shall include with the solicitation the justification or documentation required by 6.302-1(c), 13.106-1(b), or 13.501, redacted as necessary (see 6.305).

6.305- Make publicly available the justifications (excluding brand name) required by 6.305(a) within 14 days after contract award or in the case of unusual and compelling urgency within 30 days after contract award, in accordance with 6.305 procedures at paragraphs (b), (d), (e), and (f) This JOTFOC document will be posted To beta.SAM.gov within 14 days after contract award.

Demonstration the proposed manufacturer’s unique qualifications to provide the required supplies:

The AFCEC has established a special task force that has the sole responsibility of supporting wildland fire suppression and land maintenance on thirteen (13) Air Force bases throughout the United States. The AFCEC utilizes the dozer to conduct most of the land clearing and debris cleaning activities. In order to meet the wildland fire suppression mission AFCEC needs plows that meet the following characteristics:

1) Fit into their existing 5-ton transport trucks-must be less than 11 feet in length and less than 3800 lb. in weight.

2) Must have a swivel-type hitch adjustable to multiple positions

3) Be a heavy duty, wheel-type plow made of high-durability materials. Must be manganese moly heat treated, heat resistant steel, the plow wheel hub must be made with ductile iron housing, and the disc and coulter boxes need to be made with a ductile iron housings.

4) Capable of plowing lines in dense underbrush, heavy sod, and thick fuels typical of the southeastern coastal plain.

Mathis fire plows manufactured by Oliver and Dahlman Equipment Co. are currently the only U.S. company producing plows that meet the above specifications.

The above documentation explains that this one-time sole source procurement for the Mathis fire plows is justified under FAR 13.106-1(b), “Soliciting from a single source”.

Determination by the contracting officer that the anticipated cost to the Government will be fair and reasonable:

A best value determination will be documented prior to award.

The Contracting Officer will utilize any pricing analysis technique listed under FAR 15.404 that will demonstrate price fairness and reasonableness. Since this is a sole source procurement and only one vendor will provide a quote, at least two (2) techniques such as comparisons to published prices lists or a comparison of the vendor’s proposed price with the historical prices paid from previous task orders will be utilized.

Description of market research conducted:

The Contracting Specialist has determined that the mandatory sources of supply listed in FAR 8.002(a)(1)(i) through (v) cannot satisfy this requirement.

Market research was conducted for wildland fire plows to determine what manufacturer’s sources were available that can meet the same capabilities and size/weight requirements. Based on internet searches and phone calls made to experts in wildland firefighting, only three companies were found to produce wildland fire plows: 1) Marden Industries in Punta Gorda, FL;

2) ER Tillage and 3) Oliver Dahlman Equipment Co (Mathis). Of the three (3), Marden Industries produce a plow, but the length of their plow is longer than the 13' limit. Also, the weight is 5,500 lbs., thus exceeding the weight requirements. The second manufacturer is ER Tillage in Ft. Lauderdale, FL is not constructed with the required materials. Oliver Dahlman Equipment Co (Mathis) is the only manufacturer that can meet all requirements.

A review of the Small Business Administration’s (SBA) website reveals that the business size for the NAICS code 333111- “Farm Machinery Equipment Manufacturing” has a size standard of 1,250 employees. SAM’s was checked and Oliver Dahlman Equipment Co. is listed as a small business under NAICS 333111.

Other facts supporting the use of Other than Full and Open Competition:

All facts support the use of other than full and open competition is listed above.

A Statement of the actions to overcome barriers to competition:

For any further requirements, the Government will conduct further industry inquires to determine if radios and their accessories parts have become interchangeable.

CONTRACING OFFICER CERIFICATION

By signatory(s) below, I state that I determine the statutory authority as cited herein and expressed in FAR 13.106-1(b), apply to this justification, and the justification is hereby approved on its merits as noted. Technical information was presented as being accurate and complete as received from the client, and was fully relied upon to document the request for “exception to fair opportunity,” described herein.

Approved by:

Jack Brothers Date Contract Officer

JACK BROTHERS

Digitally signed by JACK

BROTHERS

Date: 2020.06.23 12:29:34 -05'00'