Attachment 05 - Brand Name Jusitification - Below SAT_Redacted.pdf

U.S. Department of Homeland Security Brand Name Justification Federal Emergency Management Agency (FEMA) February 2026

Brand Name Justification For Simplified Acquisitions (below simplified acquisition threshold) pursuant to RFO 12.102, including

Brand Name

No.: 26-229

Pursuant to the Federal Acquisition Regulations (FAR) 12.1, FAR Class Deviation 25-21 and in accordance with the requirements of RFO 12.102, the justification for the use of the statutory authorities listed in the Table 12-1 under RFO 12.102 is justified by the following facts and rationale required under RFO 12.201.1

Date: 08/11/2026 PR Number:

1. Nature and/or description of the item/service being procured and anticipated cost:

The Department of Homeland Security, Federal Emergency Management Agency (FEMA) requires procurement of the following equipment to be delivered to the Mt. Weather Emergency Operations Center (MWEOC) in Mt. Weather, VA.

• Two (2) Sullivan Palatek SP 13-50 Industrial Electric Air Compressors

• Two (2) Sullivan Palatek SPRPRN250Z-460/3/60 Premium Non-Cycling Refrigeration

Dryers

The anticipated cost for this procurement is

This equipment is required to replace existing Sullivan Palatek Industrial air compressors and refrigeration dryers that are currently integrated into the facility’s mechanical infrastructure.

2. Brand Name Justification Rationale in accordance with RFO 12.102(a). (Check one and provide rationale below):

_________Only one source reasonably available.

_________ Urgent and compelling circumstances exist.

_________ Exclusive licensing agreement exists.

____X____ Brand name. If the brand name requirement applies to a portion of the procurement, please identify that portion.

_________ Industrial Mobilization _________ Other. Explain:

1 In this document, citations to RFO Part 12 are citations specifically to Federal Acquisition Regulation (FAR) Class Deviation 25-21, Revision 1 for FAR Part 12, which was issued as part of the Revolutionary FAR Overhaul (RFO), which was implemented in response to Executive Order 14275, Restoring Common Sense to Federal Procurement, signed April 15, 2025.

FEMA intends to procure a brand name specification for Sullivan Palatek SP 13-50 Industrial Electric Air Compressors and Sullivan Palatek SPRPRN250Z-460/3/60 Premium Non-Cycling Refrigeration Dryers.

The brand name requirement is necessary because the equipment being procured is intended to serve as a direct replacement for existing Sullivan Palatek equipment currently installed and integrated into the facility’s mechanical infrastructure.

The existing industrial air compressor and refrigeration dryer system will be installed as part of a mechanical infrastructure upgrade and will be configured around the existing equipment footprint, electrical connections, compressed-air piping, connection points, controls, and related infrastructure of the existing Sullivan Palatek configuration.

The Government is seeking to replace the existing equipment while maintaining the current mechanical infrastructure, rather than redesigning or modifying the facility’s existing compressed air system.

The existing compressed-air piping and associated infrastructure cannot be readily altered without potentially requiring significant modification to the existing system. Replacement with equipment of a different manufacturer could require changes to piping, fittings, electrical connections, controls, mounting arrangements, equipment clearances, and other associated components.

Compatibility with Existing Infrastructure

Such modifications would introduce additional labor, material, engineering, installation, testing, and downtime requirements that would not be necessary when replacing the existing units with compatible Sullivan Palatek equipment.

The Sullivan Palatek replacement units are specified because they provide the Government with the ability to maintain the existing equipment configuration and infrastructure while minimizing the need for modifications to the surrounding mechanical system.

Operational Continuity and Risk

The compressed air equipment is an integrated component of the facility’s mechanical infrastructure. Extended downtime or modification of the existing system could adversely affect facility operations.

Using the existing manufacturer and equipment configuration minimizes the risk associated with:

• incompatibility with existing piping and connections;

• modifications to existing electrical infrastructure;

• modifications to controls and associated components;

• installation and commissioning delays;

• unforeseen compatibility issues;

• additional engineering and installation requirements; and

• extended equipment downtime.

Maintaining the existing Sullivan Palatek configuration therefore provides the Government with the lowest risk approach for replacing the equipment while preserving the existing infrastructure.

Existing Technical Knowledge, Maintenance, and Spare Parts

FEMA personnel and/or facility maintenance personnel are already familiar with the operation and maintenance requirements of the existing Sullivan Palatek equipment. Personnel have been trained to work with the existing units, and Sullivan Palatek replacement parts are currently maintained in inventory for the equipment.

Continuing with the existing manufacturer allows the Government to leverage existing technical knowledge, maintenance procedures, and spare-parts inventory without introducing an additional equipment manufacturer and associated maintenance requirements.

Introducing equipment from another manufacturer could require additional technical evaluation, personnel familiarization or training, difference maintenance procedures, and procurement and stocking of different replacement parts.

Market Research and Alternative Equipment

Market research was conducted to identify commercially available alternatives.

Although other manufactures produce industrial air compressors and refrigeration dryers, the requirement is not simply for a compressor and dryer of similar general capacity. The requirement is for replacement equipment that can be integrated into the Government’s existing Sullivan Palatek-based mechanical infrastructure without substantial modification to that infrastructure.

Based on the existing equipment configuration, available footprint, piping arrangement, connection requirements, and the Government’s need to minimize disruption to the existing system, Sullivan Palatek equipment was determined to provide the most suitable replacement solution.

The Government is not selecting Sullivan Palatek solely because it is the incumbent manufacturer or because of a preference for a particular brand. The brand name requirement is based upon the specific compatibility and integration requirements associated within the existing facility infrastructure.

The use of a different manufacturer’s equipment could require modifications to the existing infrastructure and could result in additional costs and increased operational downtime. Such modifications would provide no corresponding benefit to the Government because the purpose of this procurement is to replace the existing equipment and maintain the current system configuration.

Accordingly, the Sullivan Palatek brand name requirement is necessary to satisfy the Government’s specific compatibility, integration, and infrastructure requirements.

3. The anticipated price will be determined fair and reasonable based on one or more of the price analysis techniques described below. (Check one or more and provide short explanation and description of action taken):

____X____ Market Research.

____X____ Comparison of the proposed price with prices found reasonable on previous purchases.

_________ Current price List.

_________ Comparison with similar items in a related industry.

____X____ Comparison to IGCE.

_________ Contracting Officer’s personal knowledge.

____X____ Other. Competitive Quotations.

The proposed price will be determined fair and reasonable through market research, comparison with previously determined fair and reasonable prices, comparison with previously determined fair and reasonable prices, comparison with the Independent Government Cost Estimate (IGCE), and competitive quotations, when practicable.

Market research will be conducted to identify current commercial pricing and availability for the specified Sullivan Palatek compressors and refrigeration dryers.

Historical Government purchase prices, when available and sufficiently comparable, will also be considered. Historical pricing will be adjusted as appropriate for differences in equipment, quantity, delivery requirements, market conditions, inflation, and other relevant pricing factors.

The IGCE will be used as necessary to evaluate the reasonableness of the proposed price.

Where competitive quotations are obtained, the Contracting Officer will evaluate and compare the quotations based on specified Sullivan Palatek brand name equipment.

Price information for unrelated manufacturers’ equipment may be considered as part of market research; however, such information will not be treated as an equivalent price comparison, as this equipment does not meet the Government’s specified brand name requirements.

The Contracting Officer will document the results of the price analysis in the contract file and determine whether the proposed price is fair and reasonable prior to award.

4.) Approval:

Contracting Officer Date