5180012700714 Brand Name Only Justification.pdf

General Services Administration Supply Chain Management Contracting Division (SCMCD) Justification for Other Than Full and Open Competition Brand Name Justification and Approval - FAR 13.106-1(b) NSN 5180-01-270-0714, Tool Kit, Aircraft Maintenance

1. Identification of the agency and the contracting activity:

The agency making the request is the United States Army and Missile Command (AMCOM) Logistics Center in Fort Cavazos, TX.

The contracting activity is the General Service Administration (GSA), Federal Acquisition Service (FAS), Supply Chain Management Contracting Division (SCMCD), 2300 Main St, Kansas City, MO 64108.

This is a Justification and Approval (J&A) for other than full and open competition, also known as a Brand Name Justification.

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

SCMCD has received a request for NSN 5180-01-270-0714, Tool Kit, Aircraft Maintenance.

This acquisition will use the Item Purchase Description (IPD) associated with the subject NSN which specifies a particular brand name product. This document will demonstrate that the use of this item is essential to the Government’s requirements, thereby the IPD precludes consideration of products manufactured by any other company.

3. A description of the supplies or services required to meet the agency’s needs, including the estimated value:

ETI Tech Part Number: 140016 Tool Kit, Aircraft Maintenance Estimated Value: $31,560.00 (QTY 3)

NSN 5180-01-270-0714 is a brand name requirement for ETI Tech part number 140016. The end user notified the Contract Specialist on August 12, 2024 that this Tool Kit, Aircraft Maintenance is a vital component of the AH-64 Apache Longbow. This tool kit is used to replace the tail rotor head strap pack of the AH-64 Apache Longbow and is the tool kit referenced in TM 1-1520-Longbow/Apache. An email was sent to engineering on August 22, 2024 to ask for additional information regarding the brand name NSN. Engineering responded on August 27, 2024 and stated that the NSN is a proprietary design of ETI Tech.

Documentation is attached in file.

4. Identification of the statutory authority permitting other than full and open competition and supporting rationale:

The authority for other than full and open competition for the acquisition for these supplies is FAR 13.106-1(b) and 11.105(a)(1). See below:

FAR 13.106-1(b): Soliciting from a single source.

Docusign Envelope ID: 6ABCE584-3937-4563-A4B5-C56D55385DE8

(1) For purchases not exceeding the simplified acquisition threshold. (i) Contracting officers may solicit from one source if the contracting officer determines that the circumstances of the contract action deem only one source reasonably available (e.g., urgency, exclusive licensing agreements, brand-name or industrial mobilization).

(ii) Where a single source is identified to provide a portion of a purchase because that portion of the purchase specifies a particular brand-name item, the documentation in paragraph (b)(1)(i) of this section only applies to the portion of the purchase requiring the brand-name item. The documentation should state it is covering only the portion of the acquisition which is brand-name.

(2) For purchases exceeding the simplified acquisition threshold. The requirements at 13.501(a) apply to sole-source (including brand-name) acquisitions of commercial products and commercial services conducted pursuant to subpart 13.5.

(3) See 5.102(a)(6) for the requirement to post the brand-name justification or documentation.

FAR 11.105: Items peculiar to one manufacturer.

Agency requirements shall not be written so as to require a particular brand name, product, or a feature of a product, peculiar to one manufacturer, thereby precluding consideration of a product manufactured by another company, unless-

(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.

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

The following reasons form the basis of the rational that each unique Brand Name NSN and its corresponding manufacturer requires the use of the authority laid out in FAR 13.106-1(b) and 11.105(a)(1):

● Market Research and/or field testing for the NSN was conducted by technical or engineering directorates within the given Sponsoring Agencies at or before the NSN creation request.

● The documentation provided by the Sponsoring Agencies to GSA established from the NSN’s point of creation that only certain brand names had been found by the Sponsoring Agencies to meet their particular and specific requirements, as demonstrated by their market research.

● The item is peculiar to one manufacturer.

● Changing the item to a different make or model would result in inferior performance and compromise the agency personnel’s ability to fulfill their mission as this NSN is required to replace the tail rotor head strap pack of the AH-64 Apache Longbow and is the tool kit referenced in TM 1-1520-Longbow/Apache.

The procurement of this brand name NSN is crucial to the military user’s mission success. Any contractor that is able to supply the brand name and part number specified will be able to quote.

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:

This procurement will be publicized as detailed in FAR 5.101(a) and FAR 5.201(b)(1). The J&A will be posted on the Government Point of Entry (GPE) via SAM.gov with the RFQ in accordance with (IAW) 5.102(a)(6). The contracting officer will also email the Instaquote vendors which contain over 50 vendors, notifying them of the RFQ posting, to maximize visibility and competition of the requirement.

7. 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 for fair and reasonable pricing. This solicitation will be synopsized on SAM.gov to maximize competition. Competition is expected to drive best pricing among all quoting contractors. The contracting officer will leverage competition, market research, data from previous purchases, and additional avenues of price comparisons to establish fair and reasonableness as laid out in FAR 13.106-3(a).

8. A description of the market research conducted and the results or a statement of the reason market research was not conducted:

This Tool Kit, Aircraft Maintenance is a vital component of the AH-64 Apache Longbow. This tool kit is used to replace the tail rotor head strap pack of the AH-64 Apache Longbow and is the tool kit referenced in TM 1-1520-Longbow/Apache.

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

An email was sent to engineering to confirm the brand name requirement for this NSN.

Engineering confirmed on August 27, 2024 that the NSN’s proprietary design is still valid. Initial purchases of the NSNs relied upon the initial research documentation (market research among qualified suppliers and/or lab and field testing) provided by the Sponsoring Agencies in submitted Supply Support Requests (SSRs).

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

This procurement will be publicized as detailed in FAR 5.101(a) and FAR 5.201(b)(1). The J&A will be posted on the Government Point of Entry (GPE) via SAM.gov with the RFQ IAW 5.102(a)(6).

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 or services required:

An email was sent to engineering on August 22, 2024 to ask for additional information regarding the brand name NSN. Engineering responded on August 27, 2024 and stated that the NSN is a proprietary design of ETI Tech. Documentation is attached in file.

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

I certify that the facts and representations under which are included in this justification and approved for other than full and open competition are complete and accurate to the best of my knowledge.

Contract Specialist Date Jenna Williams

Contracting Officer Date Kylie Ferraz

Docusign Envelope ID: 6ABCE584-3937-4563-A4B5-C56D55385DE8

8/27/2024

8/27/2024