Attachment 2 47QFNA23K0042 BNJ Redacted.pdf

Brand Name Justification

47QFNA23K0042

BRAND NAME JUSTIFICATION FOR SPECIAL FORCES

PROGRAM DELIVERY ORDER

Acquisition ID No. 47QFNA23K0042

Upon the basis of the following justification, this Brand Name Justification (BNJ) is prepared in accordance with Federal Acquisition Regulation (FAR) 13.501(a)(2)(ii). The agency’s needs for this requirement are in accordance with FAR 11.105(a)(1): The particular brand name, product, or feature is essential to the Government’s requirements, and market research indicates other companies’ similar products, or products lacking the particular feature, do not meet, or cannot be modified to meet, the agency’s needs.

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 Protection and Integration (PM-PI), formerly 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 PM-PI 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 13.501(a)(2)(ii).

As described at FAR 11.105(a)(1), PM-PI 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 below 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 RFQ Attachment 1 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 description of the supplies required to meet the agency’s needs (including the estimated value).

This brand-name justification is in support of the PM-PI acquisition and all equipment listed in RFQ Attachment 1 and the table below with the brand name item description, OEM, part number, National Stock Number, and estimated quantity. The brand name is Oakley.

Item Description OEM Part # NSN Order Qty

NSW

Oakley SI Ballistic M Frame Case - Black Oakley 101-501-001 4240-01-641-4650 255

Alpha-Operator Kit- T. Tan-Square Case (CLR, TR22, TR45, Grey) Oakley OO9296-1144 8465-01-665-3520 225

GRU2 SOEP

Alpha-Operator Kit-Square Case Oakley OO9296-02 4240-01-662-9450 228

Alpha Repl Lens Clear Oakley 101-532-001 8465-01-665-3594 116

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

This justification and the resulting order referenced in paragraph 3 above are made under FAR 13.501(a)(2)(ii). Justifications and approvals are required under this subpart for portions of an acquisition which is brand-name. The entirety of this requirement is for brand name items with an estimated value that does not exceed the simplified acquisition threshold. The appropriate approvals for this threshold will be obtained in this justification.

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

The proposed contractor’s unique qualifications or nature of the acquisition meets the description of agency needs at FAR 11.105(a)(1): The particular brand name, product, or feature is essential to the Government’s requirements, and market research indicates other companies’ similar products, or products lacking the particular feature, do not meet, or cannot be modified to meet, the agency’s needs. 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 RFQ Attachment 1 are to support USSOCOM missions and is highly specialized and validated for use by SOF and the supplies have undergone the stringent testing required by USSOCOM directives and is the only manufactured equipment that can meet the requirements for the resulting order.

6. A description of efforts made to ensure that offers 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.

A GSA competitive small business set-aside RFQ will be posted to SAM to vendors who search PSC 8465 - Individual Equipment and/or NAICS 315990 – Apparel Accessories and Other Apparel Manufacturing. A courtesy posting will also be released on GSA eBuy! under MAS categories 332999 (Law Enforcement Personal Equipment), 339920 (Sporting Goods, Fitness Equipment, Supplies), 332510C (Hardware Store, Home Improvement Center, Industrial or General Supply

Store, or Industrial Maintenance Repair and Operations (MRO) Distributor – Catalog), NAICS 315990 (Apparel Accessories and Other Apparel Manufacturing). During market research it was unclear whether at least two quotes would be received for all items in accordance with a GSA MAS, so the requirement will be solicited via SAM to allow for the most competition as possible as a small business set aside. During market research, it was determined there are at least five small businesses able to provide a quote. The listed items are not all readily available on GSA MAS and would not render maximum competition or quotes that fulfill the complete list of required items.

This requirement is publicized in accordance with FAR 5.203(a)(2), following procedures at FAR 12.603.

7. A determination by the contracting officer that the anticipated cost to the Government will be fair and reasonable.

By soliciting a small business set-aside RFQ off SAM using competitive procedures, the ordering activity has concluded that the resulting order will represent the best value (as defined in FAR 2.101) and will result in an anticipated cost that is fair and reasonable to meet the Government’s needs. Market research has shown there are at least four vendors that are capable of submitting quotes for this requirement via open market or combination open market and schedule pricing. A GSA RFQ will be posted to SAM to small business vendors who search PSC 8465 (Individual Equipment) and/or NAICS 315990 (Apparel Accessories and Other Apparel Manufacturing). The pricing per equipment and/or supply item will be reviewed against the independent government cost estimate, schedule pricing (if applicable), available current commercial item pricing list and/or pricing on previous orders of the same items to ensure pricing is fair and reasonable and is in line with the current market prices or lower. Based upon the market research conducted, there is a reasonable expectation of receiving adequate price competition to determine fair and reasonableness.

8. A description of the market research conducted and the results.

GSA FAS Region 1 received a Market Research As a Service (MRAS) Reports on 5/3/2023 and 5/5/2023. Results indicated 4 out of 4 items were available on GSA Advantage but potentially limited competition among schedule holders.

GSA FAS Region 1 released a Request for Information (RFI) on SAM under the title “RFI Oakley, Gentex, and Point Blank (23K004A)” and Notice ID 47QFNA23K004A. The RFI was released on 5/11/2023 and closed on 5/16/2023. The RFI sought to determine the extent to which vendors could provide the required items on a GSA Schedule and/or open market basis. Five vendors responded to the RFI. Vendors stated they could provide a quote of all required items on GSA MAS basis, open market basis, or a mixture of open market and GSA MAS basis consistent with the MRAS findings.

For full market research details of the brand name items and schedule availability, please see document 47QFNA23K0043 Market Research Report.

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

All facts supporting the use of other than full and open competition are stated in Section 2 of this

BNJ.

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

The following vendors expressed an interest in the acquisition via response to the RFI posted on

5/11/2023: REDACTED.

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

Special Operations Forces require highly specialized brand name items. The client agency for this order, PM-PI, acquires only those specific items that are validated for use by USSOCOM.

However, PM-PI 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.

While these items are brand name specific, GSA R1 FAS seeks to obtain competition to the maximum extent for all solicitations where practicable. The brand name equipment specifically required for this acquisition is available from multiple offerors based on market research and the Contracting Officer will solicit in a manner that seeks to obtain maximum competition.

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

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.