5130015982565 FAR 13 Brand Name NSN Justification - signed.pdf

General Services Administration (GSA) Facilities and Hardware Supply Chain Management Contracting Division (SCM)

General Supplies and Services (GSS)

Justification for Other Than Full and Open Competition 13.106-1(b)(1), Brand Name National Stock Number (NSNs) Not Exceeding the Simplified

Acquisition Threshold (SAT)

NSN specific justification in accordance with documentation requirements at FAR 13.501 and using the format of FAR 6.303-2.

Applicable Requisition Number(s) based on current orders: W8001Z43610017

Identification of the Contracting Activity responsible for the acquisition.

The contracting activity is the General Services Administration, Facilities and Hardware Supply Chain Management Contracting Division (SCM), General Supplies and Services (GSS) Federal Acquisition Service, at 2300 Main Street, Kansas City, MO 64108 in support of the Requiring Agency:

ARMY

Nature and/or description of the action being approved.

This is a brand name requirement for:

NSN: 5130015982565

Brand Name Manufacturer and P/N: PERMASWAGE DLT05MAPW0000

QTY: 3

This action is for the approval of a brand name restricted procurement for: POWER UNIT

ASSEMBLY

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

5130-01-598-2565 UI: EA

ASSEMBLY, POWER UNIT

Permaswage Part Number DLT05MAPW0000

ESTIMATED VALUE: $9,213.75 EA

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

In accordance with FAR 13.106-1(b)(1) - Brand Name procurement not exceeding the SAT

Docusign Envelope ID: 442A9E55-D619-45C0-A48A-59D249B36FF5

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

While GSA holds the responsibility of NSN creation and management for its designated 67 Federal Supply Classes, the requiring activity determines and justifies its items of supply in terms of technical considerations and logistics responsibilities per Department of Defense (DOD) Manual 4100.39 Section 3.2(a)3(a) (see Attachment 3: DOD Manual 4100.39)1. In conjunction with the DOD, the requiring activity determines which items will be cataloged for use by federal agencies. DOD Manual 4100.39 outlines the procedures used for the Federal Logistics Information System (FLIS) which is a federal cataloging system used by DOD as well as agencies that participate with DOD components. This manual is used to determine item specifications including, but not limited to; identification, procedures, stock numbering criteria, NSNs, technical requirements, and agency responsibilities. It is in accordance with these procedures, that requiring activities first determine the brand name specificity of the required items at the outset (at the point of NSN creation).

Section 3.2 (a.)(2)(a)(c) states that DOD components will appropriately identify an item of supply as a single item of production and/or an item with more stringent characteristics (a selection of closer tolerance, specific characteristics, finer quality) than the normal item of production, so that in some particular uses only the more stringent version of the item may be usable but in other uses the normal or the more stringent version may be used interchangeably. Oftentimes this entails that a required item is associated with a particular brand or item peculiar to a single manufacturer.

In addition to the guidance from DODM 4100.39 summarized above, the following rationale is presented in support of the action:

● Market research and/or field testing for the NSNs was conducted by technical or engineering directorates within the given requiring activity at or before the request for creation of an NSN.

● The documentation provided by the requiring activity to GSA established from the NSN’s point of creation that only certain brand names had been found by the requiring activity to meet their particular needs, as demonstrated by their market research and/or field or lab testing conducted to support their particular application(s) of the items

● The items required for the end user’s need have been deemed as peculiar to one or more manufacturers

● Changing the item to a different make or model would result in inferior performance and/or incompatibility with existing systems or tools and would compromise the agency personnel’s ability to fulfill their mission

● Industry did not provide alternatives (see Section 6 below detailing ongoing efforts made to obtain this information from industry)

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.

1 Attachment 3: DOD Manual 4100.39 as published https://www.esd.whs.mil/Portals/54/Documents/DD/issuances/dodm/410039m.pdf?ver=2019-06-04-0908 14-687 . Accessed 01/16/25

Docusign Envelope ID: 442A9E55-D619-45C0-A48A-59D249B36FF5 https://www.esd.whs.mil/Portals/54/Documents/DD/issuances/dodm/410039m.pdf?ver=2019-06-04-090814-687 https://www.esd.whs.mil/Portals/54/Documents/DD/issuances/dodm/410039m.pdf?ver=2019-06-04-090814-687 https://www.esd.whs.mil/Portals/54/Documents/DD/issuances/dodm/410039m.pdf?ver=2019-06-04-090814-687

A combined synopsis will be posted to the Governmentwide point of entry (GPE) (SAM.gov) to pursue competition to the maximum extent practicable. Additionally, the approved Justification and Approval will be posted on SAM.gov in accordance with 5.102(a)(6) with the RFQ. A pre-solicitation notice will not be executed as per the exception listed under FAR 5.202(a)(13) since the value of the item(s) does not exceed the SAT.

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

Proposed quotes will be evaluated on a Lowest Price Technically Acceptable (LPTA) basis and for fair and reasonable pricing. If no competitive quotes are received, at least two (2) of the techniques outlined in FAR 15.404-1(b) will be utilized to determine fair and reasonable pricing.

These techniques include, but not limited to the following:

● Requesting recent commercial and Government sales history

● Direct competitive pricing comparisons

● Making indirect pricing comparisons to:

o the same or similar items in the marketplace, o competitive published price lists, and o Independent Government Estimates.

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

Market research for the Brand Name designation (justification) requirement was conducted by the requiring activity prior to creation of the NSN. NSNs are created via the submission of a Supply Support Request (SSR), and per DOD Manual 4100.39 Federal Logistics Information System (FLIS) Procedures, it is the responsibility of the requiring activity (known as the MILDEP in the DOD Manuals) to determine and justify its items of supply in terms of technical considerations and logistics responsibilities per DOD Manual 4100.39 3.2(a)(3)(a). Furthermore, per DODM 4140.26 3.2(d)(3)(d) (see Attachment 4: DODM 4140.26 the submitting activity for the NSN shall provide (if applicable): (d) A justification statement as required by Subpart 206.3 of the Defense Federal Acquisition Regulation Supplement, for items procured on a sole-source basis, if applicable. The determination of applicability of justification for limiting sources is the responsibility of the requiring activity, and when the proper justification is submitted by the requiring activity, the NSN is established as a brand name NSN.

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

GAO has historically denied protests in which the Integrated Materiel Manager and subsequent Contracting activity have procured Brand Name Only NSNs on behalf of customers, citing that the Brand Name and/or Sole Source determination is the responsibility of the requiring activity and any change to Brand Name/Sole Source designation is also the determination of the requiring activity. See GAO Protest Decisions: Acme Products and Engineering, Inc. B-419495, CM Manufacturing, Inc. B-420471, Chase Defense Partners B-421411.

Furthermore, DODI 4140.69 2.3(b) states that the requiring activity is to: ensure NSNs are properly coded in accordance with Volume 10 of DOD 4100.39-M and Volume 2 of DOD Manual

4140.01. This directive, in essence, establishes that Brand Name determinations are made prior to NSN creation. In other words, the determination and justification remains the primary

Docusign Envelope ID: 442A9E55-D619-45C0-A48A-59D249B36FF5 https://www.esd.whs.mil/Portals/54/Documents/DD/issuances/dodm/414026m_vol04.PDF?ver=PqjCGfTVMQfcgnkGFVk4dg%3D%3D responsibility of the requiring activity, which they undertake with field testing, compatibility considerations, and specific applications for their operations.

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

No sources have expressed interest, in writing, at this time. This is a brand name requirement and any contractor able to supply the brand name and part number requested will be considered for award based on the evaluation criteria set forth in the Request for Quote (RFQ).

The synopsis/posting will be sent to Instaquote vendors and posted to SAM.gov to maximize competition.2

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 or services required.

While the brand name specification of the DOD customer must be adhered to, the acquisition team has posted a continuously open industry feedback request on SAM.gov since April 2024 in order to remove the barriers that led to the restricted consideration. In this posting, the Brand Name NSNs and the specified manufacture name and model associated are published for industry to provide any and all known alternative items to those brands indicated. If and when industry responds with an alternate item on any NSN(s), the contracting activity will send the information to Cataloging (the Integrated Materiel Manager) and/or Engineering to facilitate a potential redetermination with the requiring activity (i.e., to allow for alternative brands to fulfill the need, if found acceptable by the requiring activity). The acquisition team will keep the feedback request open for the life of the NSNs and to periodically remind industry of the opportunity for feedback. The team last briefed industry partners about the notice at a standing bi-weekly all-vendor meeting on June 18, 2024. The meeting is attended by a majority of the highest-volume vendors in the GSA Global Supply tools and hardware commodity group.

The Contracting Officer certifies that this Justification for Other Than Full and Open Competition is accurate and complete to the best of the Contracting Officer’s knowledge and belief.

Brandon Israel, Contract Specialist

Cara J. Fowler, Contracting Officer

2 Attachment 4 DOD Manual 4100.39 Federal Logistics Information System (FLIS) Procedures as published in https://www.esd.whs.mil/Portals/54/Documents/DD/issuances/dodm/414026m_vol04.PDF?ver=PqjCGfTV MQfcgnkGFVk4dg%3D%3D

Docusign Envelope ID: 442A9E55-D619-45C0-A48A-59D249B36FF5

4/2/2025

4/2/2025