A15_Brand_Name_FAR_6_303-2_1.pdf

United States Department of the Interior

NATIONAL PARK SERVICE

DENVER SERVICE CENTER

12795 W. ALAMEDA PKWY

P.O. BOX 25287

DENVER, COLORADO 80225-0287

IN REPLY REFER TO:

D5217 (DSC-CS)

140P2021R0149

JUSTIFICATION FOR BRAND NAME ONLY FOR PORTION OF ACQUISITION

Precast Concrete Panels for Boardwalk

1. Identification of the Agency/Contracting Activity:

The U.S. Department of the Interior, National Park Service, Denver Service Center, Lakewood, Colorado is the contracting activity for a project to restore the NPS Oracoke Island Campground Pony Pen area.

2. Nature and/or Description of the Action Being Approved:

The project is for construction of a boardwalk at the NPS Oracoke Island Campground Pony Pen area, that extends from the land out into the water. Only a portion of the acquisition is for a brand-name or item peculiar to on manufacturer, as follows:

Precast Concrete Panel: In accordance with the Basis of Design (BOD) documents (See Section J of the

Solicitation140P2021R0149), Precast Concrete Panels shall be the same as those installed for the ADA

Boardwalk at the Ocracoke Day Use Area, 2188 Irvin Garrish Highway, in accordance the BOD documents prepared by Carr Precast Concrete, Inc. and designed by Jeffrey Troutman, P.E.

3. An Identification of the Statutory Authority Permitting Other than Full and Open Competition:

The use of brand name descriptions for particular items to satisfy a portion of this acquisition is authorized pursuant to FAR 6.302-1(c)(1) when the acquisition of the brand name product, material or component is essential to the Government’s requirements and thereby precludes consideration of a product manufactured by another company. FAR 6.302-1(c)(1)(ii)(B). The item listed is considered necessary for the overall functionality, consistency of maintenance, consistency of appearance of facilities at the Park, and for providing the salient characteristics of storm resiliency, durability, and functionality.

6. A Demonstration of The Unique Qualifications or The Nature of The Brand Name Item That Requires Use of The Authority Cited:

The panels have unique design components for storm resiliency that is a significant concern for the outer banks of North Carolina. The panels have proven to be functional in all aspects and meet the maintenance requirements unique to structures that extend into the ocean for this harsh climate at this location. In addition, the appearance of the panels is unique as they are custom-manufactured and use of the same panels maintains consistency of appearance throughout the Park facilities.

5. A Demonstration that the Nature of the Acquisition Requires Use of the Authority Cited:

Market Research efforts by the Park technical subject matter experts, resulted in finding that no other precast concrete panels meet the needs for operations, functionality, and resiliency that is required for this site and the requirements of the end-product.

6. A Description of Efforts Made to Ensure Offers are Solicited from as Many Potential Sources as Practicable

Including Whether a Notice was or will be Publicized as Required by Subpart 5.2:

NAMA 216036 Roof and Portico

The Brand Name Only Justification will be posted, and the Brand Name Only Justification will be distributed to the potential offerors in order to facilitate competition for the acquisition.

7. A Determination by the Contracting Officer that the Anticipated Cost to the Government will be Fair and

Reasonable:

The estimated value of this brand name is comparable to the cost of other precast concrete panels that are not similar in all salient characteristics, but provide a benchmark of market data for current pricing of concrete products. The recommended brand name product is reasonably priced within the industry pricing.

8. A Description of the Market Research Conducted and Results or a Statement of the Reason Market

Research Was Not Conducted:

The Brand Name Only components, materials and/or products are based on market research and the specific design requirements with regard to the salient characteristic and needs of this requirement unique to a structure that extends into the ocean, this harsh climate and location.

9. Any Other Facts Supporting the Use of Other than Full and Open Competition:

None

10. A Listing of Sources, if any, that Expressed, in Writing, Interest in the Acquisition:

None

11. A Statement of the Actions, if any, Agency May Take to Remove or Overcome any Barriers to Competition

Before Any Subsequent Acquisition for Supplies or Services:

Due to the need to meet the functionality/operations/resiliency requirements, there is no method to remove or overcome the barriers to Brand Name Only.

12. Certifications:

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:

William Pendleton, Technical Representative Date

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

Anne K. LaPorta, DSC, Contracting Officer Date

Approved: [DOI AAAP 0024-02/NPS AP&P 1443.06-01-R1: $25,000 - $150,000]

Pamela Mault, Branch Chief Date