Brand Name Justification Pierce deducted copy.pdf

U N I T E D S T A T E S M A R I N E C O R P S

REGIONAL CONTRACTING OFFICE

MARINE CORPS INSTALLATIONS PACIFIC-MCB CAMP BUTLER

PSC 557, BOX 2000

FPO AP 96373-2000

JUSTIFICATION AND APPROVAL FOR

OPEN COMPETITION

BRAND NAME PIERCE PARTS

J&A No:M67400-24-SSBN-05

1. Agency and Contracting Activity:

Garrison Mobile Equipment (GME) Regional Contracting Office (RCO) Unit 35001 MCIPAC-MCB Camp Butler

FPO AP 96373-5001 FPO AP 96373-2000

2. Description of Action Being Approved.

Request approval to use open competition to award a Firm-Fixed Price contract for name brand vehicle repair parts for Pierce Fire pumper and Ladder trucks assigned to the Marine Corps Installation Pacific (MCIPAC) Camp Butler and CATC Camp Fuji Fire Departments. The open contract includes provisions for the fire pumper and ladder truck parts to be shipped from the original manufacturer's facility, door to door to the Camp Butler and Camp Fuji Garrison Mobile Equipment (GME) Branches.

3. Description of Supplies/Services.

Pierce Manufacturing, Inc. parts required are new, rebuilt, or refurbished parts for Pierce manufactured vehicle parts to be delivered to the GME Branches on Camp Butler, Okinawa and CATC Camp Fuji, Shizuoka, Japan to support normal operations of Pierce manufactured vehicles maintained by the GME Branches. The contractor shall be required to provide a set price for equipment, supplies, materials, transportation, and shipping of repair parts. This open-source contract will be required for reasons stated in Paragraph 5. The total estimated value of the requirement for both Camps is $500,000 for the period from 1 May 2024 through 30 April 2029.

4. Statutory Authority Permitting Other Than Full and Open Competition.

Full and open competition will be utilized. This document meets the regulatory requirement at DFARS 213.501(a)(ii) to execute the justification and approval addressed at FAR 13.501(a) to use brand name or equal descriptions.

5. Rationale Justifying Use of Cited Statutory Authority.

These Pierce fire trucks are procured by G4-Logistics and Services - Marine Corps Installations Command Headquarters Marine Corps (HQMC) from Pierce Manufacturing Inc. and supplied to the Garrison Mobile Equipment Branches. The associated repair parts are specific to Pierce fire pumper and ladder trucks, which have proprietary systems, and can only use parts from Pierce Manufacturing Inc. There are no other parts that are compatible for these vehicles.

Only Pierce Manufacturing Inc. sells and manufactures the parts directly to the U.S.

Government.

minako.kinjo.ja Highlight

The Pierce company is affiliated with authorized dealerships that sell its originally manufactured equipment; military locations within the U.S. may contract with the local dealers or the factory directly. However, these dealers are unable to accept parts orders from OCONUS for export.

Therefore, Pierce Manufacturing Inc. is the only available source from which these replacement parts can be purchased. To this date no other like parts from different manufactures have been purchased or utilized. Pierce specific parts must be utilized for mission accomplishment unless other manufactures can guarantee like parts from different manufactures will be compatible.

6. Description of Efforts Made to Solicit Offers from as Many Offerors as Possible

This proposed action will be publicized in accordance with FAR 5.102(a)(6) which states "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)."

The market survey has found that other distributors sources can provide the Pierce genuine parts as requested. Several manufactures have expressed interest to supply MCIPAC with Pierce parts for mission requirements. No other market research was conducted to solicit other vendors for parts requirements. Additionally, Pierce Manufacturing, Inc. is the only authorized company who can provide the repair parts for the proprietary components of the Pierce fire pumper and ladder trucks, as well as fabricate those necessary parts that are no longer in stock.

7. Determination of Fair and Reasonable Cost.

The Contracting Officer has determined that the anticipated cost to the Government of the supplies/services covered by this J&A will be fair and reasonable.

8. Actions to Remove Barriers to Future Competition.

Pierce Manufacturing Inc. builds and supplies parts for their fire trucks. MCIPAC MTB has no intention of purchasing any like parts other than Pierce pure replacement parts unless vendor has written verification from Pierce manufacturing that said parts meets or exceeds Pierce Manufacturing performance specifications. MCIPAC MTB has no plans currently to eliminate the Pierce Brand name requirement.

CERTIFICATIONS AND APPROVAL

TECHNICAL/REQUIREMENTS CERTIFICATION

I certify that the facts and representations under my cognizance, which are included in this Justification and its supporting acquisition planning documents, except as noted herein, are complete and accurate to the best of my knowledge and belief.

Technical Cognizance:

Signature Name (Printed) Phone: Date

LEGAL SUFFICIENCY REVIEW

I have determined that this Justification is legally sufficient.

____________ Signature Name (Printed) Phone:

Date

CONTRACTING OFFICER CERTIFICATION

I certify that this Justification is accurate and complete to the best of my knowledge and belief.

____________ Signature Name (Printed) Phone:

Date