A15_Justification_for_Name_Brand_Products.pdf

Justification for Brand Name Products

Date: June 5th, 2023

Project: Repair and Reseal the Abo Interpretive Trail at Salinas Pueblo Missions National Monument (SAPU)

1. Identifications

a. Agency: National Park Service

b. Contracting Office: Santa Fe Major Acquisition Buying Office

2. Description of the action being approved:

The National Park Service (NPS) shall be soliciting for SealMaster ColorPave pavement sealant. 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).

3. Description of supplies and services:

ColorPave Neutral Ready-Mix is a 100% acrylic water based emulsion designed as a pavement color coating. ColorPave is fortified with sand for slip resistance. ColorPave is supplied in a neutral color designed to be mixed with ColorPlus Pigment

Dispersion to achieve desired color. This product was first used on the Quarai Trail 2008. And every subsequent application to present.

4. 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.

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

Only SealMaster Products have been used to treat, seal, and color the SAPU trail systems since the trails were first treated in

2008. Having compatible products eliminates the need to chemical compatibility and maintains a consistent aesthetic value throughout SAPU.

6. 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, sam.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, sam.gov unless the exception noted at FAR Part 5.202(a)(13) applies.

7. Determination that costs will be fair & reasonable:

Per market research conducted, competitive quotes are expected.

8. Description of the market research conducted:

Sources sought were posted to 2 different GSA Schedules. Responses indicated competition exists and Sole Source would not be required.

United States Department of the Interior

NATIONAL PARK SERVICE

INTERMOUNTAIN REGION

CONTRACTING PROGRAM

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

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

Restriction is required to acquire a 100% compatible product. Using any other product could cause impacts to the environment due to incompatibility with current SealMaster products. The effects of incompatibility would require extensive more personnel hours to remedy

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

Only harm to the government would be from using another product as this could create chemical incompatibility and also disrupt the visual consistencies of SAPU.

10. Interested Sources:

Three vendors responded to the Sources Sought post on GSA and confirmed they could supply the product. These were

Jenks, Inc., KPaul Properties, Inc., and Burhani Enterprises Inc.

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

No sagacious actions can be taken to remove competitive barriers. SAPU would have to reseal all trails with a new product-not in the best interest of the government.

12. 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:

William Torrez

Exhibit Specialist

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

Sam Hyslop

Contracting Officer