A02.08_Brand Name Justification.pdf

CEERD-CT-V 14 March 2023

Brand Name Determination JetCon JC400 Rapid-Setting Concrete

1. Contracting Activity: The ERDC Contracting Office (ECO) is located at the U.S. Army Engineer Research and Development Center (ERDC), 3909 Halls Ferry Road, Vicksburg, MS 39180-6199.

2. Description of Action: This determination seeks approval to award a new Firm Fixed Price (FFP) contract on a brand name basis pursuant to procedures at Federal Acquisition Regulation (FAR) 13.106-1(b) to procure multiple bags of JC400 Rapid-Setting Concrete manufactured solely by JetCon Korea Company.

3. Description of the product required to meet the agency’s needs: The ERDC, Geotechnical and Structures Laboratory (GSL), Airfields and Pavements Branch (APB) has been tasked with evaluating JetCon JC400 via full-scale testing since it has passed all laboratory requirements provided in Tri-Service Pavement Working Group (TSPWG) Manual 3-270- 01_08-4. In order to carry out this objective, forty (40) 1-ton Supersacks and one hundred and twenty (120) 25kg sacks of JC400 Rapid-Setting Concrete manufactured solely by JetCon Korea Company are required.

4. Authority Cited: FAR 13.106-1(b), Soliciting from a single source (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).

5. Reason for Authority Cited:

Background: Repair of damaged airfields is an exceedingly important issue for the U.S.

Military. The U.S. Army ERDC has previously developed and transitioned rapid-setting materials for capping airfield repairs under the U.S. Air Force Rapid Airfield Damage Recovery (RADR) program. As a part of RADR, laboratory and field criteria were developed for certifying proprietary products for use in various sizes of repairs to ensure performance under aircraft loads.

Justification: A limited number of certified products have been added to the qualified products list for larger repairs, but none that are manufactured in region near the Korean peninsula. In order to address this issue, the Foreign Comparative Testing (FCT) program under The Office of the Secretary of Defense has funded ERDC to evaluate a candidate Korean product (JetCon JC400) via full-scale testing since it has previously met all laboratory criteria. Therefore, it is in the best interest of the government to procure the JC400 Rapid-Setting Concrete manufactured solely by JetCon Korea Company.

6. Efforts to Obtain Competition: This brand name determination will be provided with the solicitation as required by FAR 5.102(a)(6).

7. Determination that costs will be fair and reasonable: The independent government estimate, catalog prices, price competition, and the laboratory’s technical representative’s knowledge of the industry will be used to determine if the quoted price is fair and reasonable.

8. Description of Market Research: Market research has shown that there is more than one vendor capable of providing the required concrete. This product is manufactured solely by JetCon Korea Company, but distributers of the required concrete are available. Therefore, this is a brand name requirement. South Korea is a 'designated country' meaning this purchase is exempt from the Buy American Statute because it is inconsistent with public interest.

9. Contracting Officer Determination: I certify that this justification is accurate and complete to the best of my knowledge and belief.

Allison Hudson Contracting Officer