A15 40514452 Justification for Name Brand Products.pdf

Justification for Brand Name Products

Date: 27 Apr 21

Project: MEVE Recreation Shelters

1. Identifications

a. Agency: National Park Service

b. Contracting Office: Lakewood Major Acquisition Buying Office

2. Description of the action being approved:

The National Park Service (NPS) shall be soliciting for Recreation Shade Shelters. The documents included with the solicitation call for specific brand name products that are peculiar to one manufacturer. This written justification provides approval for limiting competition to the listed brand name products as authorized by the Federal Acquisition Regulations

(FAR).

Description of supplies and services: Two Pre-fabricated and engineered steel shade shelters, custom curved Trellis design with corrugated steel roofing, and with engineering calculations. These shelters will replace an all-wood shelter recently removed from the Balcony House parking area, where tour ticket purchasers wait for the NPS ranger to begin their cliff dwelling tour.

3. Authority:

a. 41 U.S.C. 253(c)(1): Only one responsible source and no other supplies or services will satisfy agency requirements.

b. FAR Part 11.105: The Brand Name products are essential to the Government’s requirements, and market research indicates other companies’ similar products do not meet and cannot be modified to meet the agency’s needs.

c. FAR 6.302-1: The use of the name brand products are essential to the Government’s requirements, thereby precluding consideration of a product manufactured by another company.

4. The description of the product’s unique qualifications or the unique nature of the acquisition:

This shade shelter is a custom design which replaces an existing wooden shelter which has been removed. Due to the shelter location, environmental variables and size restraints, a custom shelter is required, as there are no commercial alternatives without performing additional design and architectural work.

5. Efforts to obtain competition:

a. Efforts to ensure offers are solicited from as many potential sources as is practicable:

For acquisitions over $25,000 the solicitation will be issued on the Government’s Point of Entry, FedBizOpps.gov.

b. Presolicitation notice per FAR 5.2:

For acquisitions over $25,000 a presolicitation notice shall be posted on the Government’s Point of Entry, FedBizOpps.gov unless the exception noted at FAR Part 5.202(a)(13) applies.

6. Determination that costs will be fair & reasonable:

The shade shelter is manufactured by Classic Recreation Systems. This company has multiple resellers across the country which all derive their own pricing for the structures based on local market conditions, shipping/freight charges and individual OH&P rates. Since the shelter being acquired is a commercial item, the only variable would be the localized prices for each vendor, which can and will be easily compared to ensure the price is fair and reasonable. While there may be small differences in the equipment cost, they should not fluctuate too much, which will provide a good baseline of fair pricing.

United States Department of the Interior

NATIONAL PARK SERVICE

INTERMOUNTAIN REGION

CONTRACTING PROGRAM

7. Description of the market research conducted:

During market research, there were at least three companies that were local to the park which provide shade shelters.

However, Classic Recreation Systems had previously designed similar shelters for the park, which had already considered the architectural design for snow/wind loads as well as the necessary design/calculations to replicate the previous wooden shelter which has since been removed. While it is possible for other companies to perform these tasks, the cost associated with the architectural and design work would be excessive due to them needed to perform the design calculations for the first time.

Classic Recreation Systems already has the calculations as well as the stamped architectural drawing.

8. Other facts supporting other than full & open competition:

a. Reason why documents suitable for full & open competition have not been developed:

Costs for new design/architectural work would be in excess of available funding.

b. Data, estimated costs or other rationale as to the extent or harm to the Government:

It is unlikely the park would be able to acquire additional funds to pay for the design/architectural work required for a new shade shelter. By using a Classic Recreation Systems product, those costs have already been accounted for.

9. Interested Sources:

GR Marolt & Associates, Exerplay Inc.

10. Actions to remove barriers to competition in the future for similar acquisitions:

Future shade shelter requirements, if time and funds permit will be solicited for products which do not require any additional design/architectural work. In some instances, this will be unavoidable however it will be evaluated on a case by case basis based on the park requirements and current situation of equipment.

11. Certifications:

Technical / Requirements Certification:

I certify that any supporting data that is the responsibility of technical or requirements personnel (i.e. verifying the Government’s minimum needs or schedule requirements or other rationale for other than full and open competition) and which form a basis for the justification have been certified as complete and accurate:

I certify that the justification is accurate and complete to the best of my knowledge and belief:

Contracting Officer

Reviewed by MABO Lead (exceeding $25,000):

Lead Contracting Officer