Sole Source JA Pierce Updated 16July2024 (003)_final.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

USE OF OTHER THAN FULL AND OPEN COMPETITION

J&A No. M67400-24-SSBN-03

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 other than full and 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 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. is required to provide 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 equipment, supplies, materials, transportation, and shipping of repair parts. This sole-source contract will be required for reasons stated in Paragraph 5. The total estimated value of the requirement for both Camps is $700,000 for the period from 1 July 2024 through 30 June 2029.

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

This request is submitted pursuant to the authority of Title 10 U.S.C. 2304(c) (1) or 41 U.S.C.

253 (c) (1), which provides that full and open competition need not be obtained where there is "only one responsible source and no other supplies or services will satisfy agency requirements". (FAR 6.302-1)

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) and contracted directly 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 be obtained from Pierce Manufacturing Inc. There are no other parts that are compatible for these vehicles. Only Pierce Manufacturing Inc. sells the parts directly to the U.S. Government. This direct purchase option is not offered to non-government customers.

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.

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 there are no other commercial sources available that can meet the needs of the government. 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 will determine that the price for this acquisition to be fair and reasonable during the evaluation for award. This will be done using a combination of items listed FAR Part 13.106-3, to include comparison with proposed price with prices found on previous service contracts, current prices list, and comparison with similar items in the commercial market. This is a "Fixed Priced" contract.

8. Actions to Remove Barriers to Future Competition.

Due to only one company being able to manufacture proprietary replacement parts for the existing fleet of fire trucks, there is no feasible alternative to remove barriers to competition.

The only possible way to remove these barriers is for the Government to purchase a different make and model of the fire pumper and ladder trucks.

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.

(Signature) Date

Printed Name and Phone No.

Legal Sufficiency Review

I have determined that this Justification is legally sufficient.

(Signature) Date

Printed Name and Phone No. DSN

Contracting Officer Certification

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

(Signature) Date

Printed Name and Phone No.