A16_Brand_Name_Justification_0001.pdf

United States Department of the Interior Office of the Assistant Secretary - Indian Affairs

Washington, DC 20240

BRAND NAME JUSTIFICATION

SIMPLIFIED PROCEDURES FOR CERTAIN COMMERCIAL ITEMS

AUTHORITY: FAR 13.501(a)

Solicitation# 140A1623Q0055 Control # 23-0164

1. Identification of the agency and the contracting activity, and specific identification of the document as a “Brand Name Justification.”

Contracting Activity: This document is a brand name justification for the Department of the Interior (DOI), Bureau of Indian Affairs (BIA), Office of Justice Services (OJS).

2. Nature and/or description of the action being approved.

Requirement:

New Follow-on Requirement Modification to existing order

Pricing:

Firm-Fixed Price Time & Materials Other _____________

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

Description Quantity Ammunition – Pistol 9MM LUGER+P

135 GR CRITICAL DUTY LE

8,499 boxes (count per box= 50)

Ammunition – Rifle 5.56 NATO 75 GR

BTHP T2 TAP

9,104 boxes (count per box= 20)

Ammunition – Rifle 7.62 308 WIN 168

GR ELD MATCH TAP AR

200 boxes (count per box= 20)

Ammunition – Rifle 6.8MM SPC 110GR

V-MAX BLK

10 boxes (count per box= 200)

The estimated value of the proposed action is $362,764.91.

4. An Identification of the statutory authority permitting other than full and open competition.

FAR 13.501(a)

5. A demonstration that the proposed brand’s unique qualifications or the nature of the acquisition requires use of the authority cited.

The ammunition OJS currently uses is Hornady brand, and has been procured on previous ammunition purchase orders. Historical requirements were posted as “brand name or equal” with an ISBEE set-aside to allow for competition to the maximum extent practicable. No “or equal” substitutes were technically acceptable.

Pricing from ISBEEs was marked up considerably (30%+), due to Hornady having only one authorized distributor, small business, A2Z Gov Supply. Hornady will not sell to Native American firms directly, they are required to use A2Z Gov Supply. Hornady is a small business, and offers government pricing, which would result in a significant cost savings.

It is critical for the OJS to remain consistent with the ammunition carried. This helps with the knowledge of the ammunition and its performance. Consistency will ensure that BIA OJS staff will be uniform nationwide for ammunition carry. By utilizing Hornady brand ammunition, OJS will be able to identify ammunition in the event of an officer involved shooting.

6. A description of efforts made to ensure that offers are solicited from as many potential sources as is practicable, including whether a notice was or will be publicized as required by Subpart 5.2 and, if not, which exception under 5.202 applies.

This brand name justification will be posted to the GPE along with a small business set-aside solicitation to allow for maximum competition amongst small businesses.

7. A determination by the contracting officer that the anticipated cost to the Government will be fair and reasonable.

I hereby determine that the anticipated cost to the Government for this contract action will be fair and reasonable based on published catalog pricing including Government discounts, comparison to previous purchase orders, and comparison to the Independent Government Estimate.

8. A description of the market research conducted (see Part 10) and the results or a statement of the reason market research was not conducted.

See paragraphs 5 and 6.

9. Any other facts supporting the use of justification of other than full and open competition, such as:

N/A

10. A listing of the sources, if any, that expressed, in writing, an interest in the acquisition.

11. A statement of any actions, if any, the agency may take to remove or overcome any barriers to competition before any subsequent acquisition for the supplies or services required.

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

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

5/3/2023

X Athena Straniere

Contracting Officer Signed by: Bureau of Indian Affairs

13. Reviews and Approvals

Concur

X Supervisory Contracting Officer

The estimated value of the proposed action is $362,764.91.