47QFNA24Q0045 Attachment 3 RFQ BNJ Open Market.pdf

Brand Name Justification

47QFNA24K0014

BRAND NAME JUSTIFICATION FOR PROTECTION

AND INTEGRATION PROGRAM DELIVERY ORDER

Acquisition ID No. 47QFNA24K0014

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 Atlantic Signal.

End Unit Item Description OEM Part # NSN Order Qty

MARSOC

Below H2O Patriot Headset Kit, Chipped INVISIO Downlead (Vertical Frame: Coyote) V1 Atlantic Signal H2O.K02.IV 5965-01-676-6862 70

NSW

COMMS, MCAS, PATRIOT BELOW

H2O HEADSET W/DOWNLEAD, KIT

CB Atlantic Signal H2O.K02.IV 5965-01-676-6862 520

NSW

Peltor ACH Hygiene Kit (Replacement Foam Cups and Pads) Atlantic Signal XRY.HYG 5965-01-666-4000 220

NSW

Maritime Hypo-Allergenic Silicone Earcup Kit (pair) 14.00 Atlantic Signal XRY.PD5 5965-01-666-4012 214

NSW

COMM, MCAS, PELTOR ACH

REPLACEMENT GEL CUPS (PAIR) Atlantic Signal XRY.GEL 5965-01-666-3996 210

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 PSC 5965 (Headsets, Handsets, Microphones and Speakers) and/or NAICS 334310 (Audio and Video Equipment Manufacturing). During market research, it was determined there are at least four small businesses able to provide a quote. 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 a GSA MAS and would not render maximum competition or quotes that fulfill the complete list of required items.

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 off 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 is one vendor capable of providing a quote on a GSA Schedule basis, and there are at least four vendors that are capable of submitting quotes for this requirement via open market. A GSA RFQ will be posted to SAM to small business vendors who search PSC 5965 and/or NAICS 334310. 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 performed a search on GSA Advantage on 1/5/2024. Results indicated 4 out of 4 items were available on GSA Advantage (note that although the table in paragraph 3 lists 5 items, there are only 4 unique part numbers). There is only vendor capable of submitting a quote via GSA Schedule.

GSA FAS APEX 1 recently released Requests for Information (RFI) on SAM for previous orders (47QFNA23P0023 and 47QFNA23P0005) for the same items in this requirement. The results indicated that there are at least four additional vendors capable of providing the items on an open market basis.

For full market research details of the brand name items and schedule availability, please see document 47QFNA24K0014 Market Research Report, which includes the Market Research Reports for 47QFNA23P0023 and 47QFNA23P0005 as attachments.

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 via response to the RFIs posted on 6/28/2023 and 1/7/2023: 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.