Attachment 1 BNJ 47QFNA21Q0176.docx

BRAND NAME LIMITED-SOURCES JUSTIFICATION FOR FEDERAL SUPPLY SCHEDULE PROGRAM

Upon the basis of the following justification, prepared in accordance with Federal Acquisition Regulation (FAR) 8.405-6(c) the use of sources limited to fewer than those required in FAR 8.405- 1, FAR 8.405-2, and FAR 8.405-3 pursuant to the authority of 41 U.S.C. 251 as implemented by FAR 8.405-6(b): Items peculiar to one manufacturer. This acquisition is conducted under the authority of the Multiple-Award Schedule (MAS) Program (41 U.S.C. 251, et seq. and 40 U.S.C. 501).

1. Identification of the agency and the contracting activity.

Contracting Activity: General Services Administration (GSA) Federal Acquisition Service (FAS) Region 1.

Client: United States (U.S.) Army Program Management Office for Special Operations Forces, Survival, Support and Equipment Services (PM-SOF SSES).

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

The GSA FAS Region 1 supports the PM- SOF SSES to fulfill a variety of brand name only equipment requirements to procure equipment that may enhance the survivability, readiness, and mobility of the individual operator. This justification is in accordance with FAR 8.406(b) Items peculiar to one manufacturer and necessary to fulfill a requirement of the PMSOF SSES for communications, special eye ware, body army vest, MARS clothing and extreme weather clothing equipment; and various medical equipment as shown in Attachment 2.

The U.S. Special Forces require highly specialized equipment to perform their missions and require specific brand name equipment for SOF missions, that SOF testing and operational use has demonstrated are the only brand names capable of meeting the associated requirements of the Special Operator. The requiring agency maintains the test reports, Acquisition Decision Memoranda (ADMs), Program Executive Officer (PEO) directives and other various documents justifying the certain specific brand name items listed.

The specified items for communications, special ballistic/laser protection eyewear, body armor vest, Military Alpine Reconnaissance System (MARS) extreme cold weather clothing and medical equipment as shown in Attachment 2 are known to perform under the stresses caused by the full spectrum of special operations and under a wide range of climatic conditions. Such operations routinely include activities such as reconnaissance, patrol, airdrop, search and rescue, and combat actions. As such, special operators require “tried and true” equipment, known to function and endure under the toughest circumstances. Substitution of untested or unproven items is not acceptable per the list of required items referenced in Attachment 2 provides the exact brand names required for this order and the required operational testing of the equipment to meet the stringent requirements of Special Operations Forces. Accordingly, this requirement warrants a brand-name specification, no substitutions allowed.

3. A complete description of the supplies and/or services required to meet the agency’s needs.

This brand-name limited source justification is in support of the Special Forces acquisition and all equipment listed in Attachment 2 with the brand name item description, OEM, part number and estimated quantity. The estimated value of the total order is $5,500,000.00. This estimated value is in line with GSA schedule pricing for each item. This is just an estimated value and will be finalized upon award.

4. An identification of the Brand Name LSJ rationale, and if applicable, a demonstration of the contractor’s unique qualifications to provide the required supply or service.

This justification and the resulting order referenced in paragraph 3 above are made under FAR 8.405-6(b)(1). The United States Special Forces units are composed of the nation’s elite war fighters, specializing in counterterrorism, direct action, foreign internal defense, special reconnaissance, and unconventional warfare. Located in Natick, Massachusetts, the U.S. Army Soldier Systems Center is responsible for research, development, and management of technologies and equipment used by Special Forces and other soldiers during their missions. These technologies and equipment include food, clothing, shelter, airdrop systems, medical equipment, as well as Soldier support systems. The items shown in Attachment 2 are to support USSOCOM missions and is highly specialized and validated for use by SOF and the equipment has undergone the stringent testing required by USSOCOM directives and is the only manufactured equipment that can meet the requirements for the resulting order.

5. A determination by the ordering activity Contracting Officer that the order represents the best value consistent with FAR 8.404(d) and FAR 8.405-2(d).

By competitively soliciting an RFQ off GSA MAS Schedule using the competitive procedures in 8.405, the ordering activity has concluded that the resulting order will represent the best value (as defined in FAR 2.101) and will result in the lowest overall cost alternative (considering price, special features, administrative costs, etc.) to meet the Government’s needs. The solicitation for these requirements will allow for multiple awards. Market research has shown there are at least six vendors under GSA MAS Schedules capable of submitting quotes for this requirement. However, it is very unlikely that any one vendor will be able to bid on all the items. Allowing for multiple awards will be a time effective means for the SOCOM client to receive the important items shown in Attachment 2. A GSA RFQ will be posted to eBUY to vendors under GSA MAS Schedule Category 3152 Clothing, 339113PA Protective Apparel, 332216 Law Enforcement, Firefighting and Rescue Tools, Equipment and Accessories, 332999 Law Enforcement Personal Equipment, 332510C Hardware and Tools and 65IIA Medical Equipment. Additional discounts will be requested off their MAS Schedule pricing. The pricing per equipment item will be reviewed against the GSA MAS Contract pricing and current commercial item pricing to ensure pricing is in line with the current market price or lower. The delivery timeframe will be reviewed to ensure the delivery schedule is within the Government’s requested time frame. A review of GSA Advantage demonstrated the required items are available via the Federal Supply Schedule under the aforementioned MAS Schedule categories.

6. Any other facts supporting the limited source justification.

Market research was conducted by the Contracting Officer by first considering the mandatory sources listed in FAR 8.002 and 8.003 and then 8.004, none of which apply. The Contracting Officer determined the Federal Supply Schedule would be best suited under MAS Schedule Category 3152 Clothing, 339113PA Protective Apparel, 332216 Law Enforcement, Firefighting and Rescue Tools, Equipment and Accessories, 332999 Law Enforcement Personal Equipment, and, 332510C Hardware and Tools There are currently from 100 - 188 vendors available under these specific categories. Of these, there are approximately eight vendors with significant items listed on their GSA Schedule for competition. This justification, along with the GSA RFQ will be posted to eBUY for competition.

7. Any other facts supporting the limited source justification.

All facts supporting the justification are provided above.

8. A statement of the actions, if any, the agency will take to remove or overcome any barriers that led to restricted consideration before any subsequent acquisition for supplies and services is made.

Special Operations Forces require highly specialized brand name items. The client agency for this order, PM-SOF SSES, acquires only those specific items that are validated for use by USSOCOM. However, PM-SOF SSES performs research and development and continually monitors the market, subjecting new potential technical solutions to the rigorous testing required to validate new items, as well as to invalidate obsolete products and prevent their further use. There is competition available for multiple offerors for this brand name justification.

9. The ordering activity Contracting Officer’s certification that the justification is accurate and complete to the best of the Contracting Officer’s knowledge and belief and evidence that the supporting data that form a basis for the justification have been certified as complete and accurate by technical/program personnel.

Reviews and Approvals – All signatures are redacted for purposes of this posting and are contained within the electronic contracting file of record. Please contact the contract specialist or contracting officer for any clarifications.

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