A02.06 Brand Name Justification Redacted.pdf

BRAND NAME JUSTIFICATION

Soils (Sand, Silt, and Peat)

(Simplified Acquisition Procedures under FAR Part 13 Not Exceeding $250K)

1. Agency/Contracting Activity: Engineer Research and Development Center – Cold Regions Research and Engineering Laboratory (ERDC-CRREL).

2. Description of Action:

Nature: New Requirement Follow-On Requirement Mod to Existing Purchase Order/Contract Number

Pricing: Firm-Fixed Price Time and Materials

Funds: OMA Other Funds:

3. Description of Supplies/Services: The Engineering Research and Development Center (ERDC), Cold Regions Research and Engineering Laboratory (CRREL)’s Office of Technical Directors at Hanover, New Hampshire seeks to procure the following BRAND NAME Black Gold to support soil testing. The peat material is a brand name requirement, but the silt and sand are not brand specific.

The total estimated dollar value of the proposed action is .

4. Authority: FAR 13.106-1(b)(1): For purchases not exceeding the simplified acquisition threshold (SAT), 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.)

5. Reason for Authority Cited: Force Projection Sustainment Branch is conducting mobility testing over different types of soil. The first set of tests was completed on surfaces made from sand, silt, and peat acquired through three vendors: SunGro Horticulture, Martin’s Quarry, and United Construction (micro-purchases with GPC). The experiment requires another set of tests to take place with soils matching the characteristics of the previous testing but on a much larger scale. Sand and silt are generic/unbranded, but the peat must be Black Gold brand to match previous test characteristics. The soils will be mixed upon receipt, so the three soils are determined to be a single requirement. Black Gold for the peat material is a brand name requirement because previous CRREL experiments used the same brand in the fabrication of earlier constructed test sections, and no standard classification methods exists that can adequately classify these materials beyond brand name. No other substitute is technically acceptable. Use of any other brand will generate incompatible data for our CRREL research.

6. Actions to Increase Competition: A combined synopsis/solicitation will be posted on SAM.gov to promote competition to the maximum extent practicable. The solicitation will be set-aside for small business concerns.

7. Market Research: Market research was conducted as prescribed by FAR 10.001(a) by CRREL technical representatives and the contracting office who both identified the Black Gold Brand name as the only material capable of fulfilling the Government’s requirement for use in a test section of the Frost Effects Research Facility on the CRREL campus for mobility research studies supporting the Force Projection & Sustainment Branch.

Black Gold is the sole manufacturer their products but not the sole distributor thus this procurement is being restricted to the brand name items and not sole source to the manufacturer in accordance with FAR 13-106-1(b)(1). The following authorized distributors were identified to include:

There is a reasonable expectation of obtaining offers from two or more responsible small business concerns that are competitive in terms of market prices, quality, and delivery.

Therefore, it has been determined that this requirement will be set-aside for small business concerns in accordance with FAR 19.502-2. A combined synopsis/solicitation and redacted brand name justification will be posted to SAM.gov to promote competition to the maximum extent practicable.

8. Procurement History:

Previous Purchase Orders(s) or Contract(s): Yes No

Purchase order or contract number: N/A Was action competed? Yes No