5180013414030 Brand Name Only Justification BNJ Redacted.pdf

General Services Administration Supply Chain Management Contracting Division (SCMCD)

Justification for Other Than Full and Open Competition Brand Name Justification and Approval - FAR 13.501

NSN 5180-01-341-4030, Tool Kit, Tube Fitting

1. Identification of the agency and the contracting activity:

The agencies making the request are the United States Army, Delta Company in Pyeongtaek, Korea

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 three requests for National Stock Number (NSN) 5180-01-341-4030, Tool Kit, Tube Fitting. 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:

Manufacturer: Permaswage Part Number: DLTFRPSKT3001 Tool Kit, Tube Fitting

Rationale for this action is based on NSN 5180-01-341-4030 containing Deutsch drawing number classified proprietary also containing a component list for the specialized Tool Kit, Tube Fitting. NSN 5180-01-341-4030 is a brand name requirement for Permaswage part number DLTFRPSKT3001. A Department of Defense end user notified the contract specialist on June 23, 2024 that this tool kit, fitting tube is a vital component of end item Line Item Number B85617 (Battle Damage Assessment, Repair and Recovery System).

This tool kit is used to repair electrical, hydraulic, fluid lines, fuel cells, and skin repairs on combat damaged helicopters.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

Docusign Envelope ID: 3BF5C29B-0F1C-493A-B576-8448E4E31BBC

FAR 13.501 and 11.105(a)(1). See below:

FAR 13.501 Special documentation requirements:

(a) Sole source (including brand name) acquisitions.

(1) Acquisitions conducted under simplified acquisition procedures are exempt from the requirements in part 6. However, contracting officers must-

(i) Conduct sole source acquisitions, as defined in 2.101, (including brand name) under this subpart only if the need to do so is justified in writing and approved at the levels specified in paragraph (a)(2) of this section;

(ii) Prepare sole source (including brand name) justifications using the format at 6.303-2, modified to reflect that the procedures in FAR subpart 13.5 were used in accordance with 41 U.S.C.1901 or the authority of 41 U.S.C. 1903;

(iii) Make publicly available the justifications (excluding brand name) required by 6.305(a) within 14 days after contract award or in the case of unusual and compelling urgency within 30 days after contract award, in accordance with 6.305 procedures at paragraphs (b), (d), (e), and (f); and

(iv) Make publicly available brand name justifications with the solicitation, in accordance with 5.102(a)(6).

(2) Justifications and approvals are required under this subpart for sole-source (including brand-name) acquisitions or portions of an acquisition requiring a brand-name. If the justification is to cover only the portion of the acquisition which is brand-name, then it should so state; the approval level requirements will then only apply to that portion.

(i) For a proposed contract exceeding the simplified acquisition threshold, but not exceeding $750,000, the contracting officer’s certification that the justification is accurate and complete to the best of the contracting officer’s knowledge and belief will serve as approval, unless a higher approval level is established in accordance with agency procedures.

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 reason forms 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 13.501 and 11.105(a)(1):

● 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 per the end user’s Bill of Material (Supply Catalog 4920-9-01) and Aircraft Maintenance Army Technique Publication (ATP) 3-04.7.

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 such as the Horizontal Price Analysis (if needed) utilizing the 4P-Price Point PLUS Portal Market tool which compares pricing information for the part number in line for award from several databases and offered for sale through GSA Advantage, DOD EMALL, NASA SEWP and NSN data from FLIS. In addition, 4P analysis includes product, pricing and supplier data from multiple manufacturer and distributor websites.

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

This tool is specifically used and approved by the Department of Defense because it is in compliance with Bill of Material (Supply Catalog 4920-9-01) and Aircraft Maintenance (ATP 3-04.7). Documentation is attached in file.

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 July 12, 2024 that the NSN’s proprietary drawing also containing the components list was still valid. NSNs are created via the submission of a Supply Support Request

12. 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.

Jenna Williams Contract Specialist Date

Kylie Ferraz Contract Specialist Date

Amanda B. Foley Contracting Officer Date

Katie Norton Section Chief Date

Docusign Envelope ID: 3BF5C29B-0F1C-493A-B576-8448E4E31BBC

9/23/2024

9/23/2024

9/23/2024

9/23/2024