Tab 5 Kubota Brand Name MFR Redacted.pdf

For Official Use Only

MEMORANDUM FOR RECORD March 10, 2020

SUBJECT: Brand Name Justification

RFQ#: SP3300-20-Q-0058

REFERENCE: FAR 11.105, DFARS 211.105 or FAR 13.106(b) (1) (i), FAR 6.302-1

1. Identification of the Agency and Contracting Activity

DLA Distribution, DLA Distribution J7 430 Mifflin Ave, Suite 3102A New Cumberland, PA 17070

2. Nature and/or description of the action being approved DLA Distribution intends to solicit and award a Firm Fixed-Price purchase order to procure Seven (7) Kubota RTV-x1140 Diesel Utility Vehicles (UTVs) on a Brand Name Basis for DLA Deployable Depot (DDXX) Distribution Depot, Susquehanna, PA. These UTVs are required to support DLA Deployable Depot’s rapid response mission tasking and supporting maintenance tasks.

The estimated price of these UTVs is $

3. Description of Supplies/Services:

The contractor shall provide all necessary labor and material support to procure and deliver seven (7) Kubota Tractor Corporation Diesel Utility Vehicles. All equipment furnished shall be new from the manufacturer’s most current production and meet current industry standards, and conform to the best quality of materials and workmanship. All transportation/shipping shall be provided by the contractor.

4. Identification of Statutory Authority:

10 U.S.C. 2304(c)(1) Only One Responsible Source/a Limited Number of Responsible Sources and No Other Supplies or Services Will Satisfy Agency Requirements (FAR 6.302-1). This is to be awarded using the simplified acquisition procedures prescribed by FAR Part 13.

5. Demonstration of Contractor's Unique Qualifications:

The current Diesel UTVs have exceeded their Service Life Expectations. The existing Diesel UTVs no longer meet the Operational Availability to meet the rapid deployable requirement due to increased maintenance down time and logistics delays for repair parts. This limitation restricts the DDXX Director’s operational planning and increases costs of mission support. By replacing the current Kubota Diesel UTVs with another Kubota manufactured model many of the parts on older UTVs can be salvaged and used to repair the new UTVs, reducing the lifecycle price to the Government and reducing vehicle down time. The new Diesel UTVs will enhance Operational Tempo, decrease maintenance costs, and provide streamlined maintenance support because all of the UTVs will require the same parts support package. Purchasing another brand would result in an increase in the lifecycle price, reduce the availability of spare parts, and increase vehicle down time associated with waiting for new parts to be ordered and shipped. The additional price and loss of time would not be recovered by opening competition to manufacturers other than Kubota. In addition, Kubota is world-wide supportable, and has proven reliability and operational availability.

6. Determination of Fair and Reasonable Cost:

Kubota UTVs are commercial off the shelf items and therefore, are considered “commercial” in accordance with FAR 2.101. Award will be based on the lowest price offeror that can provide the requested UTVs. It is anticipated that competition between authorized resellers will establish a fair and reasonable price. A determination of price reasonableness will be made by the Contracting Officer at the time of award. The determination will be documented in a price reasonableness memo.

7. Description of Market Research:

The market research has revealed that Kubota UTVs are commercial off the shelf items; therefore they meet the definition of a “commercial item” at FAR Part 2 has been met. Therefore, it is recommend the solicitation and award of any resultant contract utilize the policies and procedures in FAR Part 12 in conjunction with FAR Subpart 13. The market research information revealed that Kubota is the only manufacturer who is capable of providing the UTVs which can meet the Government’s requirement.

8. Other Supporting Facts:

N/A

9. Listing of Interested Sources:

N/A

11. Actions Taken to Remove Barriers to Competition:

Extensive research and deliberation went into selecting the Kubota Tractor Corporation brand. Future procurements for UTVs shall be directed to small business distributors of Kubota UTVs.

Contracting officer certification that the justification is accurate and complete to the best of the contracting officer’s knowledge and belief.