47QFNA24Q0009 Attachment 2 BNJ Open Market.pdf

Brand Name Justification

47QFNA24K0005

BRAND NAME JUSTIFICATION FOR PROTECTION AND

INTEGRATION PROGRAM DELIVERY ORDER

Acquisition ID No. 47QFNA24K0005

Upon the basis of the following justification, this Brand Name Justification (BNJ) is prepared in accordance with Federal Acquisition Regulation (FAR) 13.501(a)(2)(ii). The agency’s needs for this requirement are in accordance with FAR 11.105(a)(1): The particular brand name, product, or feature is essential to the Government’s requirements, and market research indicates other companies’ similar products, or products lacking the particular feature, do not meet, or cannot be modified to meet, the agency’s needs.

1. Identification of the agency and the contracting activity.

Contracting Activity: General Services Administration (GSA) Federal Acquisition Service (FAS) APEX 1 Sector 1.

Client: United States (U.S.) Army Program Management Office for Protection and Integration (PM- PI), formerly Special Operations Forces, Survival, Support and Equipment Services (PM-SOF

SSES).

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

GSA FAS APEX 1 Sector 1 supports the PM-PI to fulfill a variety of brand name only equipment requirements to procure equipment that may enhance the survivability, readiness, and mobility of the individual operator. This justification is in accordance with FAR 13.501(a)(2)(ii).

As described at FAR 11.105(a)(1), PM-PI require highly specialized equipment to perform their missions and require specific brand name equipment for Special Operation Forces (SOF) missions, that SOF testing and operational use has demonstrated are the only brand names capable of meeting the associated requirements of the Special Operator. The requiring agency maintains the test reports, Acquisition Decision Memoranda (ADMs), Program Executive Officer (PEO) directives and other various documents justifying the certain specific brand name items listed.

The specified items below are known to perform under the stresses caused by the full spectrum of special operations and under a wide range of climatic conditions. Such operations routinely include activities such as reconnaissance, patrol, airdrop, search and rescue, and combat actions.

As such, special operators require “tried and true” equipment, known to function and endure under the toughest circumstances. Substitution of untested or unproven items is not acceptable per the list of required items referenced in Request for Quote (RFQ) Attachment 1 provides the exact brand names required for this order and the required operational testing of the equipment to meet the stringent requirements of PM-PI. Accordingly, this requirement warrants a brand-name specification, no substitutions allowed.

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

This brand-name justification is in support of the PM-PI acquisition and all equipment listed in RFQ Attachment 1 and the table below with the brand name item description, OEM, part number, National Stock Number, and estimated quantity. The brand name is Crye.

Item Description OEM Part # NSN Order Qty

CLIN 0001 – MARSOC SB&L

LCS, Belt and Lanyard, Kit, MC, Small Crye SBL00102SM0 4240-01-714-3141 80

LCS, Belt and Lanyard, Kit, MC, Medium Crye SBL00102MD0 4240-01-714-3143 475

LCS, Belt and Lanyard, Kit, MC, Large Crye SBL00102LG0 4240-01-714-3144 480

LCS, Belt and Lanyard, Kit, MC, XLarge Crye SBL00102XL0 4240-01-714-3146 40

CLIN 0002 – USASOC SMU AVS

AVS MBAV PLATE POUCH SET, S Crye AVS-PS3-02-SM0 8465-01-640-7169 5

AVS MBAV PLATE POUCH SET, M Crye AVS-PS3-02-MD0 8465-01-640-7131 10

AVS MBAV PLATE POUCH SET, L Crye AVS-PS3-02-LG0 8465-01-640-6967 5

AVS DETACHABLE FLAP MOLLE Crye AVS-DR1-02-000 8465-01-664-7311 20

AVS 6X6 SIDE PLATE CARRIER SET Crye AVS-059-02-000 8465-01-664-7601 20

AVS PADDED SHOULDER COVERS SET Crye AVS-SH2-02-000 8465-01-664-7315 20

AVS 3 BAND AIRLITE CUMMERBAND, SM Crye AVS-062-02-SMM 8465-01-664-5980 15

AVS 3 BAND AIRLITE CUMMERBAND, LXL Crye AVS-062-02LXL 8465-01-664-5981 5

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

This justification and the resulting order referenced in paragraph 3 above are made under FAR 13.501(a)(2)(ii). Justifications and approvals are required under this subpart for portions of an acquisition which is brand-name. The entirety of this requirement is for brand name items with an estimated value that exceeds the simplified acquisition threshold, but not exceeding $15 million.

The appropriate approvals for this threshold will be obtained in this justification.

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

The proposed contractor’s unique qualifications or nature of the acquisition meets the description of agency needs at FAR 11.105(a)(1): The particular brand name, product, or feature is essential to the Government’s requirements, and market research indicates other companies’ similar products, or products lacking the particular feature, do not meet, or cannot be modified to meet, the agency’s needs. The United States Special Forces units are composed of the nation’s elite war fighters, specializing in counterterrorism, direct action, foreign internal defense, special reconnaissance, and unconventional warfare. Located in Natick, Massachusetts, the U.S. Army Soldier Systems Center is responsible for research, development, and management of technologies and equipment used by PM-PI and other soldiers during their missions. These technologies and equipment include food, clothing, shelter, airdrop systems, medical equipment, as well as Soldier support systems. The items shown in RFQ Attachment 1 are to support USSOCOM missions and is highly specialized and validated for use by SOF and the supplies have undergone the stringent testing required by USSOCOM directives and is the only manufactured equipment that can meet the requirements for the resulting order.

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.

A GSA competitive small business set-aside RFQ will be posted to SAM to vendors who search Product Service Code (PSC) 8465 (Individual Equipment) and/or North American Industry Classification System (NAICS) 315990 (Apparel Accessories and Other Apparel Manufacturing).

During market research, it was determined there are at least two small businesses able to provide a quote for all items in the requirement and at least an additional two small businesses are able to provide a quote for at least a subset of items. By soliciting the quote on SAM, vendors will be allowed to submit quotes using open market pricing if necessary, allowing for maximum competition. The listed items are not all readily available on multiple GSA MAS schedule and solicited only the GSA MAS would not render maximum competition practicable.

This requirement is publicized in accordance with FAR 5.203(a)(2), following procedures at FAR 12.603.

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

By soliciting a small business set-aside RFQ on SAM using competitive procedures, the ordering activity has concluded that the resulting order will represent the best value (as defined in FAR 2.101) and will result in an anticipated cost that is fair and reasonable to meet the Government’s needs. Market research has shown there are at least four vendors that are capable of submitting quotes (for either all items or a subset of items) for this requirement via open market or combination open market and schedule pricing. A GSA RFQ will be posted to SAM to small business vendors who search PSC 8465 (Individual Equipment) and/or NAICS 315990 (Apparel Accessories and Other Apparel Manufacturing). The pricing per equipment and/or supply item will be reviewed against the independent government cost estimate, schedule pricing if applicable, available current commercial item pricing list and/or pricing on previous orders of the same items to ensure pricing is fair and reasonable and is in line with the current market prices or lower.

Based upon the market research conducted, there is a reasonable expectation of receiving adequate price competition to determine fair and reasonableness.

8. A description of the market research conducted and the results.

GSA FAS APEX 1 Sector 1 received a Market Research As a Service (MRAS) Reports on 7/12/2023 and 10/26/2023. Results indicated 8 out of 12 items were available on GSA Advantage.

Out of the 8 items, 2 vendors could provide schedule pricing according to GSA Advantage.

Additional market research could only confirm that 1 of the 2 vendors were capable and interested in bidding on these items.

GSA FAS APEX 1 Sector 1 released 2 Requests for Information (RFIs), each covering a subset of the items in this requirement. The first RFI (covering CLIN 0002 items) was posted from 7/27/2023 to 8/1/2023 on SAM under title “RFI for PM-PI (Crye, Eagle, TYR Tactical, Mystery Ranch)” and GSA eBuy under RFQ164980. The second RFI (covering CLIN 0001 items) was posted from 10/31/2023 to 11/3/2023 on SAM under title “RFI: MARSOC Cyre Belts/Lanyards” and on GSA eBuy under RFQ1665313. The RFIs sought to determine the extent to which vendors could provide the required items on a GSA Schedule and/or open market basis. Four vendors responded to the first RFI (CLIN 0002). One respondent said they could provide all items on a GSA Schedule basis, one respondent said the could provide as a mixture of open market/GSA Schedule and two respondents said they could provide on an open market basis. Four respondents also responded to the second RFI (CLIN 0001). All respondents said they could provide the items on an open market basis only.

For full market research details of the brand name items and schedule availability, please see document 47QFNA23K0005 Market Research Report.

9. Any other facts supporting the use of other than full and open competition.

All facts supporting the use of other than full and open competition are stated in Section 2 of this

BNJ.

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

The following vendors expressed an interest in the acquisition (CLIN 0002) via response to the RFI posted on 7/27/2023: REDACTED.

The following vendors expressed an interest in the acquisition (CLIN 0001) via response to the RFI posted on 10/31/2023: REDACTED.

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

PM-PI operators require highly specialized brand name items. The client agency for this order, PM-PI, acquires only those specific items that are validated for use by USSOCOM. However, PM- PI performs research and development and continually monitors the market, subjecting new potential technical solutions to the rigorous testing required to validate new items, as well as to invalidate obsolete products and prevent their further use.

While these items are brand name specific, GSA FAS APEX 1 Sector 1 seeks to obtain competition to the maximum extent for all solicitations where practicable. The brand name equipment specifically required for this acquisition is available from multiple offerors based on market research and the Contracting Officer will solicit in a manner that seeks to obtain maximum competition.

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

The ordering activity Contracting Officer’s certification that the justification is accurate and complete to the best of the Contracting Officer’s knowledge and belief and evidence that the supporting data that form a basis for the justification have been certified as complete and accurate by technical/program personnel.