Attachment_8_-_Brand_Name_Justification_-_Bosch.doc

United States Department of the Interior

NATIONAL PARK SERVICE

INTERMOUNTAIN REGION

CONTRACTING PROGRAM

Justification for Brand Name Products Date:

2022/02/14 Project:

Rehabilitate the Madison Junction Water Treatment and Spring Collection System

1. Identifications

a. Agency:

National Park Service

b. Contracting Office:

Northern Rockies Major Acquisition Buying Office

2. Description of the action being approved:

The National Park Service (NPS) shall be soliciting for a construction contractor to rehabilitate the Madison Junction water treatment and spring collection system. This work includes construction of a new water collection system and pumphouse, as well as demolition of existing infrastructure. The documents included with the solicitation call for specific brand name products that are peculiar to one manufacturer. This written justification provides approval for limiting competition to the listed brand name products as authorized by the Federal Acquisition Regulations (FAR).

3. Description of supplies and services:

This project involves construction of a new water treatment / pumphouse building. The building will have an alarm dialer system to send an alert about certain emergency situations to the park’s Communication Center in Mammoth Hot Springs so that park staff can be dispatched to address the problem. To maintain compatibility with the current system of alarms the park, the alarm dialer and accessories need to be Bosch brand. See below for details.

4. Authority:

a. 41 U.S.C. 253(c)(1): Only one responsible source and no other supplies or services will satisfy agency requirements.

b. FAR Part 11.105: The Brand Name products are essential to the Government’s requirements, and market research indicates other companies’ similar products do not meet and cannot be modified to meet the agency’s needs.

c. FAR 6.302-1: The use of the name brand products are essential to the Government’s requirements, thereby precluding consideration of a product manufactured by another company. This Brand Name Justification covers only the portion of the acquisition which is brand name or peculiar to one manufacturer, and the approval level requirements will then only apply to that portion.

5. The description of the product’s unique qualifications or the unique nature of the acquisition:

Due to budget constraints, Yellowstone National Park cannot afford to train its technicians on the proper procedures for repairing equipment from every manufacturer of alarm panels and associated parts including alarm dialers. Therefore, the Park’s technicians have been trained to repair alarm panels and dialers for a single manufacturer: Bosch.

Due to budget constraints, Yellowstone National Park cannot afford to stock spare parts for all manufacturers of alarm equipment. Thus, the park currently stocks parts for only one manufacturer: Bosch.

Refer to Item 9, below, for more information.

6. Efforts to obtain competition:

a. Efforts to ensure offers are solicited from as many potential sources as is practicable:

For acquisitions over $25,000 the solicitation will be issued on the Government’s Point of Entry, FedBizOpps.gov.

b. Presolicitation notice per FAR 5.2:

For acquisitions over $25,000 a presolicitation notice shall be posted on the Government’s Point of Entry, FedBizOpps.gov unless the exception noted at FAR Part 5.202(a)(13) applies.

7. Determination that costs will be fair & reasonable:

This contract will be bid out competitively, and the general contractor will likely seek parts from different suppliers to obtain competitive pricing. Numerous suppliers sell Bosch alarm panel equipment associated parts. Additionally, this project only involves one alarm dialer and associated accessories, so is a relatively small purchase.

8. Description of the market research conducted:

Other manufacturers’ systems could possibly be used to provide alarm services; however, the maintenance of the systems would be prohibitively expensive as noted in Item 5, above. In addition, the government could be harmed as noted in Item 9, below.

9. Other facts supporting other than full & open competition:

a. Reason why documents suitable for full & open competition have not been developed:

Refer to Item 5, above.

b. Data, estimated costs or other rationale as to the extent or harm to the Government:

The amount of time to repair malfunctioning equipment will increase if non-Bosch equipment is used because:

1. The park’s technicians would not be familiar with the equipment from all the different manufacturers.

2. The park could not maintain a supply of repair parts for all the different manufacturers and thus there would be delays in obtaining repair parts.

The amount of time to work on alarm panels will increase if non-Bosch equipment is used because:

1. The park’s technicians would have to research the process for working on different manufacturers’ alarm equipment.

2. The park could not afford to maintain a supply of the necessary parts and thus the parts would have to be ordered and shipped.

Using alarm panels, dialers, and associated parts that Yellowstone’s alarm technicians are familiar with is critical to ensuring that the park’s alarms are kept in good working order. The alarms this equipment sends are vital to protecting park infrastructure, staff and visitors’ health, and the environment; they are used to alert park staff to emergencies like structural fires, malfunctions with drinking water treatment, and sewage spills.

Using a single alarm panel equipment system for all park facilities results in better protection of public health and park resources.

10. Interested Sources:

This project will be awarded to a contractor who will look for suppliers for this product.

11. Actions to remove barriers to competition in the future for similar acquisitions:

When the current system becomes obsolete in the future, the park will use a competitive process to choose a new system.

12. Certifications:

Technical / Requirements Certification:

I certify that any supporting data that is the responsibility of technical or requirements personnel (i.e. verifying the Government’s minimum needs or schedule requirements or other rationale for other than full and open competition) and which form a basis for the justification have been certified as complete and accurate:

(Signature)________________________________________ (Date) __2021/02/14________ (Type or Print Name): __Molly M. Ohlen________________________________________ (Title):

Up to $25,000

I certify that the justification is accurate and complete to the best of my knowledge and belief:

(Signature) ________________________________________ (Date) ___02/15/2022_______ (Type or Print Name): __Stacy L. Vallie_______________________________________________ Contracting Officer