P06 1046018 JA SS OverSAT 13_18Aug21_ss.pdf

United States Department of Agriculture Sole Source/Brand Name Justification

Exceeding the Simplified Acquisition Threshold

FAR 13.5

1. Identification of the agency and the contracting activity.

NRCS-Alaska, SPSD Region 13 1508 East Bogard Road, Suite A Wasilla, AK 99654

FPAC-BC, Section 3 501 W. Felix Street, Bldg 23 Fort Worth, TX 76115-3404

2. The nature and/or description of the action being approved.

Purchase of an extended range offshore vessel with NW Bend Boats, LLC - dba North River Boats. The USDA proposes to enter into a limited source brand-name, firm fixed-price contract with NW Bend Boats, LLC - dba North River Boats, using the simplified procedures for certain commercial items under Federal Acquisition Regulation (FAR) Part 13.5.

3. Description of the supplies or services required to meet the agency’s needs (including the estimated value).

Boat, 2022 North River 29’ x 108’ Seahawk brand, model OS 2900XL with trailer. (See attached specifications)

4. The statutory authority permitting other than full and open competition.

The following circumstance justifies the exception to sole source/brand name under FAR 13.5:

41 U.S.C § 1901 - Simplified Acquisition Procedures up to $7.5 million, as authorized by FAR 13.500(a) and implemented by FAR 13.501(a).

5. Statement demonstrating the unique qualifications of the proposed contractor or the nature of the action requiring the use of the authority.

Build estimates were provided from three companies, North River Boats, Raider Boats, and Hewescraft Boats. All offered the boats in the requested size and with the requested options needed for Soil Survey Operations in Alaska and all provide maintenance services in Alaska as well. Only North River Boats offered the 250-gallon long range fuel tank in addition to the other requested accessories. Raider Boats does not offer the long-range fuel tank option and only offered manual crank winch for the Dinghy Davit.

Raider Boats indicated they would not compromise the build of the boat to increase fuel capacity and do not provide an electric driven davit winch. Both of these options are necessary for personnel safety and to provide efficient field services. Hewescraft does include a 250-gallon fuel tank but does not offer the Electric Anchor Winch requested or a Dinghy Davit as an option. North River Boats is a custom boat builder with unique engineering practices and quality workmanship. They were the only aluminum offshore boat builder that could provide all options requested.

6. Description of efforts made to ensure offers are solicited from as many potential sources as is practicable.

Telephone, in-person, and email inquiries were made for boat build estimates from several local and out of state boat dealers. North River Boats, Raider Boats, Hewescraft Boats, and Duckworth Boats, all manufacturers of the requested boat and trailer, provide maintenance services to Alaska. Estimates were received from Hewescraft, Raider, and North River Boats. Duckworth boats declined to provide an estimate since they indicated they could not provide the options requested. The build quote providing all options requested at the lowest price was chosen. Build quotes from all three, with itemized options and prices were included for comparison.

7. Description of the market research conducted and the results or a statement of the reason Market Research was not conducted.

See paragraph 6 above for market research conducted to obtain adequate information and estimates so the Government can make an informed decision on the items being procured.

8. Any other facts supporting the use of other than full and open competition.

The specifications provided to the manufacturers were general enough that all interested parties would be able to provide an estimate. Only North River Boats offers the boat with the needed specifications requested.

9. Listing of the sources, if any, that expressed a written interest in the acquisition.

North River Boats, Raider Boats, Hewescraft Boats, and Duckworth Boats were contacted to ascertain if they could provide the boat with the required specifications and safety options and only North River was able to provide all specifications and safety options.

10. Statement of actions, if any, the agency may take to remove or overcome any barriers to competition if subsequent acquisitions are anticipated.

Future actions will be solicited to the most extent possible in order to receive the best item(s).

11. Determination by the Contracting Officer that the anticipated cost to the Government will be fair and reasonable.

Market research indicated there are several manufactureres able to provide the boat and trailer, but only one with the specifications and safety options needed. Further, based on the commerciality of the boat and trailer and the fact they are provided in the commercial marketplace, it is an assumption that the price submitted for the boat and trailer will be in line with those items in the commercial market.

Certifications & Approvals

The information provided for this justification has been reviewed and certified accurate and complete by

Mr. Timothy Riebe Program/Technical Personnel

Contracting Officer (not exceeding $750,000). I have reviewed this justification and certify it to be accurate and complete to the best of my knowledge and belief.

Approved.

Reviewed and forwarding to the Procuring Activity Advocate (MASCO or Delegate).

Mr. Kyle L. Heid Contracting Officer/Team Lead FPAC-BC, Section 3, Fort Worth, TX

TIMOTHY RIEBE Digitally signed by TIMOTHY RIEBE Date: 2021.08.18 09:07:02 -08'00' x x

Additional Reviews & Approvals

Signatures are required at each threshold up to the total estimated dollar value of the acquisition

Advocate for competition for the procuring activity (MASCO or Delegate approved by HCA for USDA) (if over $750,000, but not exceeding $15 million). I have reviewed this justification and certify it to be accurate and complete to the best of my knowledge and belief.

Approved.

Reviewed and forwarding to the Head of the Procuring Activity/HCA.

Insert Name of the Procuring Activity Advocate (MASCO or Delegate) Mission Area Advocate for Competition

Head of the procuring activity (HCA for USDA) (if over $15 million, but not exceeding $75 million).

I have reviewed this justification and certify it to be accurate and complete to the best of my knowledge and belief.

Approved.

Reviewed and forwarding to the Senior Procurement Executive (SPE).

Insert Name of the Head of the Procuring Activity/HCA Head of the Contracting Activity

Senior Procurement Executive of the Agency (if over $75 million). I have reviewed this justification and certify it to be accurate and complete to the best of my knowledge and belief. Therefore, as the Senior Procurement Executive, I approve this justification.

Insert Name of the Senior Procurement Executive (SPE) Senior Procurement Executive

Page 5 Version 03152021

Notes and Guidance. Delete these notes prior to finalizing document for signature.

Acquisitions using the procedures in FAR Part 13.5 (e.g., commercial supplies/services valued at more than the Simplified Acquisition Threshold (SAT) but not exceeding $7.5 million, including options), are exempt from the requirements in FAR Part 6; however, Contracting Officers must conduct sole source acquisitions (including brand name) under FAR 13.501 only if the need to do so is justified in writing and approved at the levels specified in FAR 13.501(a)(2).

Program personnel are advised to work with contracting personnel early in order to promote and provide for full and open competition to the maximum extent practicable. Small businesses must be considered for competition. Coordination and questions can be submitted to the Office of Small & Disadvantaged Business Utilization (OSDBU). USDA has required Small Business goals that must be considered in all acquisitions. In circumstances permitting other than full and open competition, program personnel shall provide necessary information to contracting personnel to support and document the circumstances limiting competition through the use of this form.

Advanced planning. Contracting without providing for full and open competition shall not be justified on the basis of (1) a lack of advance planning by the requiring activity or (2) concerns related to the amount of funds available to the agency or activity for the acquisition of supplies or services.

Brand Name. Items peculiar to one manufacturer can be a particular brand name, product, or feature of a product, peculiar to one manufacturer. A brand name item, whether available on one or more schedule contracts, is an item peculiar to one manufacturer. Brand name specifications shall not be used unless the particular brand name, product or feature is essential to the Government’s requirements and market research indicates other companies’ similar products, or products lacking the particular feature, do not meet, or cannot be modified to meet the Agency’s needs. See below for posting requirements.

Posting. Contracting Officers shall make justifications publicly available (excluding brand name) within 14 days after contract award, in accordance with FAR 13.501(a)(1)(iii) and the procedures at FAR 6.305(a). In the case of unusual and compelling urgency, justifications shall be made publicly available within 30 days after contract award in accordance with FAR 13.501(a)(1)(iii) and the procedures at

6.305 (b), (d), (e), and (f). Brand name justifications shall be posted with the solicitation in accordance with FAR 5.102(a)(6).

Screening. Before posting this Justification, in accordance with FAR 6.305(e) and 24.202, the Contracting Officer is responsible to redact any information that is exempt from disclosure under Freedom of Information Act or information proprietary to the contractor.

Signatures. After review and completion by the Program Office and Contracting Officer, the Word document shall be converted to an Adobe PDF file and routed for electronic signatures. Adobe signature blocks shall include dates.