Justification For Other Than Full and Open (Redacted).pdf

General Services Administration Memorandum to Federal Acquisition Service (FAS)

Global Supply Chain Management (SCM) Contracting Division

Justification and Approval (J&A):

Justification For Other Than Full and Open Competition IAW FAR 6.302-1

1. Identification of the Agency:

General Services Administration Global Supply Chain Management Federal Acquisition Service Justification For Other Than Full and Open Competition To be solicited under 47QSEA-24-R-0002

2. Nature/Description of Action Being Approved:

This justification is pursuant to the award of an Open Market Indefinite Delivery, Indefinite Quantity (IDIQ) to procure 3M Preservation Tapes as listed below. This open market IDIQ is being established to provide Tapes, Pressure Sensitive to various governmental agencies (customers). The ordering activity is SCM Contracting Division. This Justification For Other Than Full and Open Competition is being executed in accordance with FAR subpart 6.302-1(c)(ii), FAR 6.303-2 and FAR 6.304(a)(2). This acquisition is being solicited as open market, SAM.gov, thus FAR 6.302- 1(c) is being invoked to only 3M products.

The manufacturer, 3M was contacted during GSA's SCM Engineering Branch's market research and confirmed that all of the below Preservation Tapes are manufactured for commercial-off-the-shelf use in Trade Agreement Act (TAA) designated countries. The Government's Item Purchase Description (IPD) requires that only 3M Preservation Tapes are purchased on behalf of GSA customers. The use of 3M products in the acquisition or portion of the acquisition is essential to the Government’s requirements, thereby precluding consideration of a product manufactured by other companies.

The period of performance of this open market IDIQ is one (1) base year and four (4), one year option periods. The total delivery schedule shall not exceed sixty months (60) months.

The total estimated dollar value over the sixty month period of performance is however, this Justification and Approval is only covering the National Stock Number(s) (NSNs) peculiar to one manufacturer, 3M. The approval of this J&A only applies to the NSNs described below, which is estimated to value at over the 60 months.

3. Description of Supplies Required to Meet Agency’s Needs:

The NSNs, Annual Quantity Estimates, Annual Quantity Dollars that are being procured in accordance with this justification are as follows:

DocuSign Envelope ID: 2EB8A19E-E576-48C2-B305-41F42FCA3C6F

NSN Unit of Issue Estimated Annual Quantity

Estimated Annual Dollars

7510000074551 RO 12

7510001069842 RO 41

7510001768019 RO 3

7510004035544 BX 70

7510005029147 RO 1

7510011378404 RO 21

7510011586604 RO 172

7510012888440 RO 59

7510016525427 BX 271

7510016525429 BX 107

7510016525432 BX 23

7510016525433 BX 866

7510016525436 BX 198

7510016525438 BX 86

7510016804672 PG 1

7510016924614 PG 1

7510016952766 RO 18

Total Base Period Dollars:

Total Base and Four Options Dollars

NSN Annual Estimated Quantity Annual Estimated Dollars

4. Identification of Statutory Authority Permitting Other Than Full and Open

For this acquisition, the contracting activity is restricting the consideration of contractors to include only those capable of providing the 3M part numbers in accordance with FAR 6.302-1. The preservation tape is crucial to the application, coating, and maintenance on aircrafts.

All items will need to be delivered directly to federal customers throughout the continental United States within 30 days from the date of purchase order and to Puerto Rico, Hawaii and Alaska within 30 days from the date of the purchase order and occasionally overseas APO addresses.

5. Unique Qualifications or Nature of Acquisition Requiring Justification

During the Tape IDIQ procurement in 2018, the requiring agency stated, "Non 3M brand Material does not return to the original state when removed from roll, user loses 12-18 inches of the material due to tape adhering to core, tape lists on the edges prior to spray application". "Having weaker adhesive, we are not able to utilize this tape for masking or coating application preparation. I feel if we are at the mercy of this product being on contract and not being able to utilize it for its intended purpose, all funds used in its procurement will be massively wasted".

The requiring agency has also stated in previous email chains that the Non-3M tape that was used during the summer of 2016 (unknowingly non-3m brand tape), which resulted in paint from the exterior a the F-22 fighter plane to be peeled off, thus, causing damage to USG property and added expense for fixing the exterior paint. This has been discussed in depth and certified as accurate and complete by SCM Engineering Technical Department in accordance with FAR 6.303-1c. A subsequent follow up email in February 2018 with Air Force Corrosion Prevention Control Office (AFCPCO) and SCM Engineering, stated that Navy NAWC (Lakehurst NJ) is the lead on this Preservation tape but stated they are unable to accept any alternative tape without prior testing and evaluation in a real-time environment. At this time, there have been no requests for testing or additional testing performed.

6. Description of Efforts to Solicit From as Many Potential Sources as Practicable

A Sources Sought Notice (SSN) was posted to SAM.gov on 16 June 2022 with a close date of 28 July 2022. A SSN was also posted to GSA eBuy on 8 December 2022 with a close date of 19 December 2022. Results described in Paragraph 8 below.

Although no one vendor has been selected, GSA will select the awardees following a competitive solicitation based upon fair and reasonable price, delivery, timeline and past performance (responsibility).

7. CO Determination of Anticipated Fair and Reasonable Cost

In accordance with FAR 6.303-2(b)(7) and based upon the above facts, it is determined that the pricing for these items are deemed to be fair and reasonable and the award of the order to a contractor who is capable of providing only 3M brand Preservation Tapes is in the best interest of the Government. Competition will be solicited from all capable vendors who provide these items. IAW Executive Orders 13514, GSA will solicit competition via SAM.gov.

A determination of fair and reasonableness will be made upon evaluation of quote received by a comparison to previously paid and other commercial pricing at the time of the contract award.

8. Market Research Conducted

In accordance with FAR 6.303-2(b), market research has been conducted to justify this Request for Proposal (RFP) as a brand name (3M) only for the applicable NSNs above.

A SSN was posted to SAM.gov on 16 June 2022 with a close date of 28 July 2022. Two responses were received from small business contractors, Noble and Wright Tool Co. Both of these small businesses stated they are capable of distributing tape orders but are not Authorized Distributors for 3M.

A SSN was also posted to GSA eBuy on 8 December 2022 with a close date of 19 December 2022. No responses were received.

Currently, there is adequate competition among Non-MAS vendors who are capable of providing the above 3M Preservation Tapes. The use of any non-3M Preservation Tapes would result in potential non-performance or rejection from GSA customers.

Due to the unique characteristics of the requirement, it is determined to be in the best interest of the government to procure the Preservation Tapes from the 3M brand only.

During the market research for the Tapes IDIQ in 2018, the Contracting Officer requested Region 2 Engineering to review specs provided by non-3M vendors that claimed their product was equivalent. Their determination was that the product is not equivalent.

9. Any Other Facts Supporting Other Than Full and Open

Suitable alternatives to 3M have not been identified at this time by Government or Industry.

10. List of Sources Interested

The following vendors have been identified as interested in participating in this acquisition.

● Noble

● Wright Tool Company

● Addev Materials

● TapeSouth

Although no one vendor has been selected, GSA will select the awardees following a competitive solicitation based upon fair and reasonable price, delivery, timeline and past performance (responsibility).

11. Actions to Remove Barriers to Competition before Subsequent Acquisition

In accordance with FAR 6.303-2(b)(11), there were no vendors which have the new 3M tape NSN’s (unit of issue: case) on GSA Advantage; however, many vendors sell the tapes (unit of issue: roll). In an effort to obtain more competition, this acquisition will be posted to SAM.gov, thus allowing all vendors who are capable of providing the above 3M Preservation Tapes. A determination of fair and reasonableness will be made at time of contract award from the evaluation of quotes received by a comparison to previously paid and other commercial pricing. The use of anynon-3M Preservation Tapes would result in potential non-performance and/or rejection from GSA customers.

12. Contracting Officer Certification that the Justification is Accurate and Complete to the Best of the Contracting Officer’s Knowledge and Belief

In accordance with FAR 6.303-2(b)(12) I certify that the justification is accurate and complete to the best of my knowledge and belief. Based on the above, I hereby determine that this action is in the best interest of the Government.

Jocelyn McChesney Contracting Officer, Supply Chain Management Contracting Division

David Kosiorek Branch Chief, Supply Chain Management Contracting Division

Robert Woodside Director, Supply Chain Management Contracting Division

Janet Schweer Operational Guidance Branch SME

Kristen Nowadly Senior Assistant Regional Counsel

DocuSign Envelope ID: 2EB8A19E-E576-48C2-B305-41F42FCA3C6F

3/26/2024

3/26/2024

3/27/2024

3/28/2024

Theresa Ramos Competition Advocate

Jeff Thurston Contracting Executive

DocuSign Envelope ID: 2EB8A19E-E576-48C2-B305-41F42FCA3C6F