REDACTED_-_JA_-_Other_than_Full_and_Open_-_John_Deere_230G_240G_250G.pdf

MONG P&C Control No: 19-001

JUSTIFICATION REVIEW DOCUMENT

FAR PART 6 EXCEPTION TO FAIR OPPORTUNITY JUSTIFICATION

For Actions Exceeding the Simplified Acquisition Threshold (SAT)

1. CONTRACTING ACTIVITY: USPFO for Missouri, 7101 Military Circle, Jefferson City, MO 65101.

2. DESCRIPTION OF ACTION: The Missouri Army National Guard (MOARNG), 140th Regiment requests a firm-fixed price an 18 month lease (12 month base with one 6 month option) of 5 EA John Deere (JD) 230G, 240G, or 250G Hydraulic Excavators in order to conduct the Horizontal Engineer Reclassification Course [12N10(R)]. The Government projects award by February 2019 and FY2019 Operations and Maintenance (O&M) funds will be used (Base - FY 2019 / 6 Month Option - FY 2020). A formal acquisition plan is not required in accordance with Defense Federal Acquisition Regulation Supplement 207.103(d)(i)(B).

3. DESCRIPTION OF REQUIREMENT: The MOARNG 140th Regiment requires an 18 month lease of 5 EA JD 230G, 240G, or 250G Hydraulic Excavators.

a. The 140th Regiment cannot obtain the equipment through normal logistical processes. All attempts to secure an authorization have failed and/as the Army is critically short (-97) this piece of equipment.

b. Borrowing the equipment is not feasible as the school’s mission has increased to 9-month-long classes a year. Borrowing the equipment from MTOE units would prevent those units from being able to train on their equipment and affect their readiness. Borrowing from adjacent COMPO 1 entities is not feasible either due to the volume of training they undergo.

c. The new HYEXs are due to field NLT FY2023 and the 140th Regiment assumes to acquire them through the proper processes prior to that point.

d. The requirement to receive these HYEXs is considered an immediate need.

Alternative plans for sourcing will be sought as soon as this 18 month lease is awarded.

e. The following is a list of the specific requirements for each (5 Total) HYEX required for the Horizontal Engineer Reclassification Course:

FOR OFFICIAL USE ONLY

FOR OFFICIAL USE ONLY

DESCRIPTION QTY U/C

1 Engine Stage IV Emissions 1 EA 2 English Customer Delivery Packet 1 EA 3 JDLink Ultimate Cellular (Life of Lease) 1 EA 4 Triple Semi-Grouser Shoes 1 EA 5 Seat, Air-Suspension 1 EA 6 One Piece Boom with Arm Cylinder and Plumbing 1 EA 7 Grade Reference Ready Mounts 1 EA 8 Arm with Bucket Cylinder and Linkage 1 EA 9 Auxiliary High-Flow Hydraulic Lines w/ AFL (Pilot Lever Proportional Control) 1 EA

10 Chrome Exhaust 1 EA 11 Engine Block Heater 1 EA 12 Automatic Reversing Cooling Fan 1 EA 13 42" Bucket 1 EA 14 Main Pin HYD Thumb 1 EA 15 Smartloc Hydraulic Coupler 1 EA 16 Engine Tier FT4 1 EA 17 Two Pump Combined Flow 1 EA 18 Boom Red Drift Valve Kit 1 EA 19 Filter Restrict IND Kit 1 EA 20 HYD Thumb Kit, Direct Coupler 1 EA 21 Latch, Quick w/Kit, HYEX 1 EA 22 Bucket 60" Ditch 1 EA 23 Barrier Grapple 1 EA 24 Crush-all 1 EA 25 Deep Dig 1 EA 26 Impact Breaker 1 EA 27 Plate Compactor 1 EA 28 100% Maintenance Package Provided 1 JOB

CLIN DESCRIPTION QTY U/C

1 John Deere HYEX(S/N: TBD) with Above Attachments & Provided Maintenance 12 MONTHS 2 John Deere HYEX(S/N: TBD) with Above Attachments & Provided Maintenance 12 MONTHS 3 John Deere HYEX(S/N: TBD) with Above Attachments & Provided Maintenance 12 MONTHS 4 John Deere HYEX(S/N: TBD) with Above Attachments & Provided Maintenance 12 MONTHS 5 John Deere HYEX(S/N: TBD) with Above Attachments & Provided Maintenance 12 MONTHS 6 John Deere HYEX (S/N: PER CLIN 1) with Above Attachments & Provided Maintenance 6 MONTHS 7 John Deere HYEX (S/N: PER CLIN 2) with Above Attachments & Provided Maintenance 6 MONTHS 8 John Deere HYEX (S/N: PER CLIN 3) with Above Attachments & Provided Maintenance 6 MONTHS 9 John Deere HYEX (S/N: PER CLIN 4) with Above Attachments & Provided Maintenance 6 MONTHS

10 John Deere HYEX (S/N: PER CLIN 5) with Above Attachments & Provided Maintenance 6 MONTHS

Contract Structure

Note: Each John Deere 230G, 240G or 250G lease terms should be determined on an estimated 800 hours of operation time (per machine) in year 1 (BASE) and an additional 400 if additional 6 month (OPTION) if exercised. Total of approximately 1200 hours of operation after an 18 month lease (per machine).

18 Month Lease (12 Months w/ one 6 Month Option) - 5 Each John Deere 230G, 240G, or 250G (HYEX)

Note: Each (5 Total) John Deere 230G, 240G, or 250G to include: All below attachments/accessories/maintenance/etc.;

All attachments shall be cabable for use on provided base model (John Deere 230G, 240G, or 250G)

Note: "Brand- Name" Only John Deer 230G, 240G, or 250G shall be considered technically acceptable

Note: The maintenance performed by schoolhouse (140th Regiment - requireing unit) personnel will be of a D/W/M PMCS type.

No Maintenance will void any factory warranty (using incorrect lubricants, filters, etc.) with proper direction provided by lessor.

f. The total estimated value of this procurement is $REDACTED (12 month base with one 6 month option).

4. AUTHORITY CITED: FAR 6.302-1 - An acquisition or portion of an acquisition that uses a brand-name description or other purchase description to specify a particular brand-name, product, or feature of a product, peculiar to one manufacturer shall be justified and approved in accordance with FAR 6.303 and 6.304. When using simplified procedures they shall be documented in accordance with FAR 13.501 and format of

FAR 6.303-2.

5. REASON FOR AUTHORITY CITED:

a. The US Army Engineer School has only approved John Deere HYEX (make/models) 230G, 240G, and 250G for use to train student Soldiers at the 12N10(R) course. See the Engineer Branch Directive and a Memorandum for Record from the requiring unit.

(1) The JD 330G is also an approved model, but has been shown to increase the cost substantially enough that a JD 330G will not be considered technically acceptable. It will most likely result in a higher cost eliminating the vendor from the competitive range. The known skill of the 140th Regiment is also limited to the 230G, 240G, and 250G models only.

(2) The references and documentation, to include the Program of Instruction (POI), are focused on the 230G, 240G, and 250G models.

b. It is essential to maintain continuity between what equipment the student Soldiers train on and what they will utilize when they return to their unit.

(1) Integration with current MTOE assigned equipment allows for seamless integration for a Soldier to move into their accepting unit.

(2) Skills on particular equipment is dependent upon education and practice. Other than JD models will not lead to the best education of Soldiers as other manufacturers’ equipment is set up and configured dissimilar.

c. Immediate action to have MOARNG and training of other reserve component Soldiers use of this equipment shall serve as an alternate to the timeline necessary to gain the authorization to use other manufacturers’ HYEXs. The Army Training Requirements and Resources System (ATRRS) has already reserved students with allotted FY2019 funds.

d. The Horizontal Engineer Reclassification Course [12N10(R)] has a requirement to instruct student Soldiers that is specific to John Deere name brand

HYEX.

FOR OFFICIAL USE ONLY

FOR OFFICIAL USE ONLY

(1) Tasks to be performed IAW the POI

(a) Perform PMCS on a Hydraulic Excavator

(b) Maneuver a Hydraulic Excavator

(c) Perform Lifting Operations with a Hydraulic Excavator

(d) Replace Attachments on a Hydraulic Excavator

(e) Load a Haul Unit with a Hydraulic Excavator

(f) Perform Ditching Operations with a Hydraulic Excavator

(2) Technical Manuals to be used IAW the POI.

6. SYNOPSIS OF PROPOSED CONTRACT ACTIONS: IAW Subpart 5.2, this requirement will be posted as a combined synopsis/solicitation to https://www.fbo.gov as solicitation number W912NS19Q2001.

7. FAIR AND REASONABLE COST: Fair and reasonable pricing will be established by adequate competition, as it is anticipated to have at least two vendors compete. If there is not adequate competition, then comparison will be made against the independent government estimate (historical documents and normal commercial pricing for similar requirement). Basis of pricing is anticipated to be a firm monthly cost per machine, with expectation of normal leasing terms in reference to hours of use.

8. MARKET RESEARCH: Market research was conducted by the requiring activity via multiple attempts to obtain the equipment through normal logistical processes, conversation with the US Army Engineer School, with potential sources to ensure availability, and internet research along with multiple conversations to determine normal commercial practices. An FBO Sources Sought (W912NS18Q7001) was conducted for potential sources with multiple vendor responses. Conversations also took place to seek appropriate procurement through alternate sources to include SourceWell and/or a cooperative agreement. Anticipate one known large business and potential for multiple vendors to collaborate effort to meet the requirement. Solicitation will be for 30 or more days to allow parties maximum opportunity over the holiday season.

9. ANY OTHER FACTS SUPPORTING THE JUSTIFICATION: After evaluation into the extent and nature of the requirement, it is not anticipated that the action of “name brand” other than full and open competition will harm to the Government.

FOR OFFICIAL USE ONLY

10. INTERESTED PARTIES: Per the market research report dated 20181211 the following is a list of potential suppliers (sources that expressed interest):

REDACTED to allow for fair (collusion free) competition - Available after RFQ closure upon request.

11. EFFORTS MADE TO OVERCOME THE BARRIERS THAT LED TO THE

EXCEPTION TO FAIR OPPORTUNITY: Extensive consideration was given for allowing alternate excavators. In-lieu-of substitutions, while possible with an approved waiver from the US Army Engineer School, do not result in favorable outcomes for retaining the mission in future years as it provides a reduced quality of training for student Soldiers. Process time line for approving such an alternative would not allow for immediate action of any procurement.

APPROVAL SIGNATURES - REDACTED