Single_Source_JLG_Lift_Redacted.pdf

DETERMINATION & FINDING

SOLICITING FROM A SINGLE SOURCE

FINDINGS

192 MSG/MSC VaANG Base Contracting Office has a requirement to refurbish a JLG model 660 SJ aerial lift. The price to complete the factory refurbishment process, to include parts and labor is valued at approximately $****. A firm-fixed-price contract is anticipated. These process is required to repair a non-operational JLG aerial lift with a depreciated value of approx. $****. At the present time, there are no avenues available to purchase a new unit. This process would put the unit into fully operational status, with completely new parts and safety provisions.

The parts and service required are to repair a JLG model 660 SJ aerial lift. JLG has proprietary rights to its equipment. Any proposed “equivalent” parts may be considered on a case by case basis, where they meet the quality, compatibility, and warranty requirements of JLG equipment. However, JLG is the only authorized provider of the complete refurbishment of their product. They operate a plant specifically to place these units back into a "state of new" condition.

This parts being replaced are list priced in JLG parts catalogs as well as those of comparable equipment manufacturers. Previously competed contract pricing for construction machinery supports this determination of fair and reasonable pricing.

Market research determined JLG, Bedford, PA is the only authorized dealer that can complete the factory refurbishment process. JLG was contacted to determine whether they have distributors or partners who are authorized refurbishment dealers. JLG stated that this is a corporate factory only process. Additionally, they verified that manufacturer warranties will not be valid unless the work is completed at the factory.

DETERMINATION

IAW FAR 13.106-1 (b)(1) Soliciting from a single source for purchases not exceeding the simplified acquisition threshold are authorized under the following circumstances: (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). (ii) Where a single source is identified to provide a portion of a purchase because that portion of the purchase specifies a particular brand-name item, the documentation in paragraph (b)(1)(i) of this section only applies to the portion of the purchase requiring the brand-name item. The documentation should state it is covering only the portion of the acquisition which is brand-name.

All responsible sources may submit a quotation which shall be considered by the agency.

I hereby determine that soliciting from one source is appropriate given the circumstances of the contract action, given the brand name requirement, and that only once source is reasonably available due to the exclusive territory dealer restrictions imposed by JLG. The anticipated cost or price to the Government for this contract action will be fair and reasonable. The basis for this determination is anticipated to be price analysis and independent Government estimate. Certified cost or pricing data will not be required.

Chad M. Hagen, MSgt, VaANG

CONTRACTING OFFICER