Attachment 3 - Brand Name or Equal to Justification.pdf

CUI

MEMORANDUM FOR RECORD

FOR

BRAND NAME OR EQUAL TO

JUSTIFICATION

Destruction Cart

Company Name: Garner Products, Inc.

Street Number/Box Number: 10620 Industrial Ave Ste 100 City, State, Zip Code: Roseville, CA 95678 Cage Code: 56201

1. Description of action being approved: The Joint Electromagnetic Warfare Center (JEWC) currently is supporting a task to require a mobile, in-house data destruction system designed to maintain chain-of-custody. It must include an NSA Listed degausser, an NSA Listed hard drive destroyer, and an integrated erasure verification and auditing system.

2. Statute and/or Regulation supporting determination: Pursuant to Revolutionary Federal Acquisition Regulation Overhaul (RFO) 12.102(a), which allows for restricting competition for acquisitions at or below the SAT, and as supplemented by R-DFARS 211.204, this document justifies the use of a brand-name or equal to specification. This justification is based on a review of the acquisition history, an assessment of government risk, and a determination of the most logical and suitable solution that serves the best interest of the government.

a. Agency: Joint Electromagnetic Warfare Center (JEWC).

b. Description of supplies/services required to meet agency needs: Currently, the unit may face an untenable operational security risk due to an outdated, fragmented, and non-compliant process for handling end-of-life data storage media. The existing ad-hoc methods for destroying classified and sensitive hard disk drives and solid-state drives are inadequate for the modern data landscape, exposing the organization to significant mission, security, and compliance failures

3. Rationale: This system requires a requirement must meet NSA standards for the destruction of Top Secret and other sensitive data (See attachment 1). Our unit requires a system that automatically generates an unalterable, verifiable audit trail, including JPG images of the media, degaussing results, and physical destruction depth, which is essential for withstanding security audits as well as maintaining compliance with IT standards and regulations.

Failure to procure a system meeting these NSA standards would result in a catastrophic compromise of national security information. It would directly lead to a failure of mandatory

PURCHASE REQUEST NO.: F2MTL26096A001

security audits, immediate mission degradation, and a complete loss of confidence in the organization's ability to protect classified data. This risk is unacceptable and would fundamentally compromise the organization's mission execution and overall security posture.

4. Efforts to Obtain Competition: To maximize competition for this brand name or equal to requirement, the contracting team conducted market research that yielded 6 responses from capable vendors, including several small businesses. Initially the results support a 100% Small Business Set-Aside, ensuring robust price competition among authorized providers IAW RFO 19.104-1 (Refer FE 143, Folder Market Research Report) for more details.

Garner's products are identified as meeting all essential NSA-approved standards and destruction requirements. Therefore, Garner products are used as the specific benchmark for this Brand Name or Equal acquisition. 502 CONS will solicit this requirement by allowing all vendors under the assigned NAICS code 541519 (Other Computer Related Services) who can procure and deliver Garner Destruction Cart products or approved equal to submit offers. The specific characteristics of the model style required are as follows:

Garner Enclosed Destruction Cart (CART-EDC) or equal Garner TS-1XT Degausser or equal Garner PD-5 Hard Drive Destroyer or equal Garner IRONCLAD Erasure and Destruction Verification System or equal

A Detail brand name or equal evaluation, approved by the required activity shall be provided as an evaluation factor if the vendor submits a different brand.

Determination of Fair and Reasonable Cost: The CO anticipates that the resulting price for Destruction Cart shall be fair and reasonable if the government intends to solicit 100% Small Business Set Aside with a Brand Name or Equal Justification. This determination will be based on adequate price competition among the IGCE and vendor quotes received through the solicitation process. Price reasonableness will be determined in accordance with RFO 12.204(a) and R-DFARS 212.204.

Action taken to Preclude Future Brand Name Awards: To preclude the need for future sole source, the 502 CONS and the requiring activity will continuously monitor the commercial marketplace for emerging Destruction Cart. Prior to subsequent acquisitions, the team will conduct updated market research to determine if other manufacturers have developed non-proprietary or open-architecture components that are fully inter operable with the existing guidelines of NSA.

Until such compatible alternatives become available without causing a substantial duplication of costs or avoiding existing warranties, the Government will continue to maximize competition by restricting requirements to the solicit via 100% small business set aside to a brand name or equal to Garner Products, Inc.

. Contracting Officer’s Certification that the Justification is accurate and complete:

As evidenced by my signature below, I certify that the justification is accurate and complete to the best of my knowledge and belief.

RAMON MARRUFO,GS-13, DAF

Contracting Officer

3. Attachments:

1. NSA Guidelines

2. NSA Vendor’s Information

3. NSA Vendor’s List

MARRUFO.RAM

ON.1513248489

Digitally signed by

MARRUFO.RAMON.15132484

Date: 2026.06.01 17:29:22 -05'00'