2___Justification_for_Name_Brand_Product.pdf

Justification for Brand Name Products

Date: 5/22/2024

Project: Purchase Towable Attenuator for Grand Teton National Park.

1. Identifications

a. Agency: National Park Service

b. Contracting Office: Northern Rockies Major Acquisition Buying Office

2. Description of the action being approved:

The National Park Service (NPS) shall be soliciting for Purchase of 1(one) "MASH" (Manual for Assessing Safety Hardware) Certified Towable Attenuator that meets attached Federal Highway Administration (FHWA) standards and specifications. Option to purchase a second unit may be exercised. The documents included with the solicitation call for specific brand name products that are peculiar to one manufacturer. This written justification provides approval for limiting competition to the listed brand name products as authorized by the Federal Acquisition Regulations (FAR).

3. Description of supplies and services:

4. Purchase of 1(one) "MASH" (Manual for Assessing Safety Hardware) Certified Towable Attenuator that meets attached

Federal Highway Administration (FHWA) standards and specifications.

a. The Scorpion II Towable Attenuator manufactured by TrafFix Devices is the only known unit that meets these standards.

5. Option to purchase a second unit may be exercised.Authority:

a. 41 U.S.C. 253(c)(1): Only one responsible source and no other supplies or services will satisfy agency requirements.

b. FAR Part 11.105: The Brand Name products are essential to the Government’s requirements, and market research indicates other companies’ similar products do not meet and cannot be modified to meet the agency’s needs.

c. FAR 6.302-1: The use of the name brand products are essential to the Government’s requirements, thereby precluding consideration of a product manufactured by another company.

6. The description of the product’s unique qualifications or the unique nature of the acquisition:

Grand Teton specifically requires the Scorpion II Towable Attenuator manufactured by TrafFix Devices at it is the only known unit that meets FHWA standards and is MASH certified.

7. Efforts to obtain competition:

a. Efforts to ensure offers are solicited from as many potential sources as is practicable:

For acquisitions over $25,000 the solicitation will be issued on the Government’s Point of Entry, SAM.gov.

b. Presolicitation notice per FAR 5.2:

For acquisitions over $25,000 a presolicitation notice shall be posted on the Government’s Point of Entry, SAM.gov unless the exception noted at FAR Part 5.202(a)(13) applies.

8. Determination that costs will be fair & reasonable:

Product is sought through purchase in open market competition. Multiple distributors/suppliers may exist.

9. Description of the market research conducted:

Research thus far was to reach out to multiple vendors for specs and pricing on a Scorpion II Towable Attenuator manufactured by TrafFix Devices.

United States Department of the Interior

NATIONAL PARK SERVICE

Contracting Operations Central

10. Other facts supporting other than full & open competition:

a. Reason why documents suitable for full & open competition have not been developed:

This brand name product is the only known of it's kind that meets the necessary certifications and FHWA standards for its intended applications.

b. Data, estimated costs or other rationale as to the extent or harm to the Government:

The government will not incur unnecessary and unwarranted additional costs in procuring a different device as there are no alternatives.

11. Interested Sources:

12. Actions to remove barriers to competition in the future for similar acquisitions:

In the future, if other manufacturers enter the market and the products meet FHWA standards and are MASH certified, it will be documented in market research.

13. Certifications:

Technical / Requirements Certification:

I certify that any supporting data that is the responsibility of technical or requirements personnel (i.e. verifying the

Government’s minimum needs or schedule requirements or other rationale for other than full and open competition) and which form a basis for the justification have been certified as complete and accurate:

(Signature)________________________________________ (Date) 5/22/2024

(Type or Print Name): William A Roberts

(Title): Engineering Equipment Operator Supervisor

Up to $50,000

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

(Signature) _______________________________________ (Date) _______________________

(Type or Print Name): __________________________________________________

Contracting Officer

Reviewed by MABO Lead (exceeding $50,000):

(Signature) _______________________________________ (Date) _______________________

(Type or Print Name): _________________________________________________

Lead Contracting Officer

Previous contracting history indicates small business vendors able to provide requested product.