A16_JOFOC_Brand_Name.pdf

United States Department of the Interior Office of the Assistant Secretary - Indian Affairs

Washington, DC 20240

Brand Name Justification Simplified Procedures for Certain Commercial Items

Authority: FAR 13.501(a), 41 U.S.C. 1901 Control #: 22-0145

1. Identification of the agency and the contracting activity, and specific identification of the document as a “Brand Name Justification.”

Contracting Activity: This document is a brand name justification for other than full and open competition for the Department of the Interior, Bureau of Indian Affairs, Division of Facilities Management and Construction (DFMC)

2. Nature and/or description of the action being approved.

Requirement: Office furniture

Pricing: Firm-Fixed price

3. A description of the supplies or services required to meet the agency’s needs (including the estimated value).

BIA DFMC’s budget office requires reconfiguration of their office space and installation of furniture and equipment. The original equipment is manufactured by Herman Miller.

The DFMC needs the current cubicles to be extended upward above the existing cubicle wall or increase the coverage around the circumference of the cubicle for health reasons due to the coronavirus pandemic and personnel returning to the office.

4. An identification of the statutory authority permitting other than full and open competition.

FAR 13.106-1(b)(1)(ii)

5. A demonstration that the proposed contractor’s unique qualifications or the nature of the acquisition requires use of the authority cited.

Over 15 years ago the BIA purchased and installed cubicle furniture in BIA DFMC’s budget office and now requires reconfiguration of their office space and installation of furniture and equipment. The original equipment is manufactured by Herman Miller. The DFMC needs the current cubicles to be extended upward above the existing cubicle wall or increase the coverage around the circumference of the cubicle for health reasons due to the coronavirus pandemic and personnel returning to the office.

The cubicle wall extensions will be framed using Herman Miller products. Thus, producing no gaps or spaces between the existing cubicle wall and the wall extension.

There are several brands of cubicle equipment. Each brand is unique. Alternate brand names will not be compatible with the current Herman Miller product. Use of other products may increase safety of the employees, due to cubicle equipment being fitted to the existing Herman Miller products.

The impact of not having Herman Miller products extended upward above the existing cubicle wall or increase the coverage around the circumference of the cubicle for health reasons due to the coronavirus pandemic is the safety and health of DFMC employees. In addition, the current existing Herman Miller warranty will be voided, which will cause more funding, when a warranted item needs to be repaired/replaced.

The warranty of the existing Herman Miller products would be voided if another brand product was connected to the existing Herman Miller products. The installer must be an authorized dealer/reseller of Herman Miller.

6. A description of efforts made to ensure that offerors are solicited from as many potential sources as is practicable, including whether a notice was or will be publicized as required by Subpart 5.2 and, if not, which exception under 5.202 applies.

Offers will be solicited from only authorized dealers/resellers of Herman Miller products.

This notice will be issued at the time the solicitation is issued.

7. A determination by the contracting officer that the anticipated cost to the

Government will be fair and reasonable.

I hereby determine that the anticipated cost to the Government for this contract action will be fair and reasonable. The contracting officer determines that the anticipated price(s) will be fair and reasonable based on adequate price competition expected to result from the solicitation.

8. A description of the market research conducted (see Part 10) and the results or a statement of the reason market research was not conducted.

Sufficient market research was conducted and was appropriate to the circumstances. The recommended acquisition approach is as follows: The acquisition is considered commercial items without no modifications needed. The BIA shall set aside the acquisition for competition under ISBEE per the Buy Indian Act.

9. Any other facts supporting the use of justification for other than full and open competition.

N/A

10. A listing of the sources, if any, that expressed, in writing, an interest in the acquisition.

Goodman’s Interior Structures, 4860 Pan American Freeway NE, Albuquerque, NM 87109. The authorized Herman Miller dealer.

11. A statement of any actions the agency may take to removed or overcome any barriers to competition before any subsequent acquisition for the supplies or services required.

N/A

12. Requirements personnel certification.

I certify the technical data, which forms a basis for this justification, is complete, accurate, and meets the Government’s minimum needs.

CHARLENE YAZZIE

Contracting Officer’s Representative Bureau of Indian Affairs

13. Contracting officer certification that the justification is accurate and complete to the best of the contracting officer’s knowledge and belief.

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

NANCY SHAH

Contracting Officer Bureau of Indian Affairs