Brand Name Justification ApprovalX.pdf

Subject: QSDM-J3-223000-A

General Services Administration

Heartland Acquisition Center (HAC)

Brand Name Justification & Approval- FAR 6.302-1(c)

QSDM-J3-223000-A

Forward Repair System (FRS)

1. IDENTIFICATION OF THE AGENCY AND THE CONTRACTING ACTIVITY:

The contracting activity is the General Services Administration, Heartland Acquisition Center

(HAC), Supply Acquisition Section A, at 2300 Main Street, Kansas City, MO 64108.

The requesting activity is the Product Manager Engineer Maintenance & Support Equipment

(PdM EMSE), U.S. Department of the Army, Tank-Automotive & Armament Command

(TACOM), which authorizes and manages tool loads for the Army.

2. NATURE AND/OR DESCRIPTION OF ACTION BEING APPROVED:

HAC has received a requirement from PdM EMSE to establish a contract vehicle to procure the full tool load under the Army designed Forward Repair System (FRS) under GSA managed

National Stock Number (NSN) 5180-01-584-8643, as well as replenishment NSNs.

This acquisition will use brand name descriptions for each CLIN which specify particular brand name products peculiar to their specific manufacturers. This document will demonstrate that the use of this acquisition is essential to the Government’s requirements, thereby each CLIN precludes consideration of products manufactured by any other company.

3. DESCRIPTION OF SUPPLIES OR SERVICES REQUIRED TO MEET THE

AGENCY’S NEEDS (INCLUDING THE ESTIMATED VALUE):

The FRS provides field level maintenance and repair of combat systems in the forward battle area. The FRS includes a tool load, forward maintenance assembly, welding and cutting equipment, a compressor, a crane, and a generator. This unit can be described as a “maintenance shop on wheels,” manned by a two person crew. The FRS tool load is a highly specialized assortment of tools, each of which have a specific location and unique function within the FRS unit. Each storage cabinet has drawers with high density polyethylene inserts with cutouts for each tool, ensuring needed tools are quickly found and easily inventoried and less likely to be lost or left behind.

This procurement is a requirement consisting of individual tools manufactured by a variety of different manufacturers for the existing FRS tool load identified by 5180-01-584-8643 (for a total of 1153 NSNs on this requirement). See ‘Attachment 1’ for a listing of each component attached.

Items may be procured as part of this contract vehicle to cover lost, stolen, worn out items through normal use, items void from warranty due to misuse, as well as, items covered by the awardee’s commercial warranty. End-users may procure individual components of the FRS tool load (replenishment NSNs) or they may choose to replace the complete FRS tool load. The assortment of tools and equipment within this requirement is considered commercial in nature.

DocuSign Envelope ID: E0E66E2F-F0A4-4D14-91BE-84E7167F0B44

The demand for FRS replacement items and tool loads over the last five years is as follows

(reviewing spend under current contract 47QSHA18C0002):

The first four year sales:

(Dec. 8, 2017 - Dec. 7, 2021)

$32, 215,460.01

The estimated value for 3rd option period spend:

(As approved from the OY3 D&F)

$5,398,542.62

Sales to Date:

(Dec. 8, 2017 - May 25, 2022)

$33,418,788.89

Due to the historically high demand of FRS as demonstrated above, as well as the unpredictable nature of requirements contract vehicles, the estimated value of this new contract vehicle is being set at $45,000,000.00. The contract vehicle being established to fill this requirement will be in effect from the anticipated date of award December 8, 2022 to December 7, 2027, pending the exercise of all options which would equate to approximately $9,000,000 per year.

4. IDENTIFICATION OF STATUTORY AUTHORITY PERMITTING OTHER THAN

FULL AND OPEN COMPETITION:

The authority for other than full and open competition for the acquisition for these supplies is

FAR 6.302-1(c)(1) and 11.105(a)(1). See below.

FAR 6.302-1(c)(1): Application for brand-name descriptions.

(1) An acquisition or portion of an acquisition that uses a brand-name description or other purchase description to specify a particular brand-name, product, or feature of a product, peculiar to one manufacturer—

(i) Does not provide for full and open competition, regardless of the number of sources solicited; and

(ii) Shall be justified and approved in accordance with 6.303 and 6.304.

(A) If only a portion of the acquisition is for a brand-name product or item peculiar to one manufacturer, the justification and approval is to cover only the portion of the acquisition which is brand-name or peculiar to one manufacturer. The justification should state it is covering 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;

(B) The justification should indicate that the use of such descriptions in the acquisition or portion of an acquisition is essential to the

Government’s requirements, thereby precluding consideration of a product manufactured by another company; and

(C) The justification shall be posted with the solicitation (see 5.102(a)(6)).

FAR 11.105: Items peculiar to one manufacturer.

Agency requirements shall not be written so as to require a particular brand name, product, or a feature of a product, peculiar to one manufacturer, thereby precluding consideration of a product manufactured by another company, unless-

(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.

5. A DEMONSTRATION THAT THE PROPOSED CONTRACTOR’S UNIQUE

QUALIFICATIONS OR THE NATURE OF THE ACQUISITION REQUIRES USE OF

THE AUTHORITY CITED:

IAW FAR 6.302-1(c)(1)(B), the use of brand-name descriptions in this acquisition is essential to the Government’s requirements. As previously stated, FRS is used as a “maintenance shop on wheels.” This is a portable unit that is used by the warfighter to perform maintenance and repair a vast variety of items that are crucial to their mission success.

The following is a list of key excerpts from the Department of the Army’s Operational

Requirements Document (ORD) for the FRS tool load. This document outlines the parameters that the FRS is required to operate under and gives details of the conditions where the FRS is expected to perform. The document is included as ‘Attachment 2’ to this file and several excerpts are provided below which support the requirement for a tight fitting tool storage system for the individual components of the FRS tool loads in order for the FRS to be operable in its intended environment.

• Section 1-b states, "The FRS shall have a standardized tool configuration designated by the combat developer." This tool configuration is a requirement of all FRS units.

• Section 1-c(1) states, "The combat repair team, enabled with FRS, performs those maintenance actions necessary to return combat systems to the fight, which restores combat power. It may go to forward locations near or at combat vehicle breakdown sites in the vicinity of the forward line of own troops."

• Section 1-c(2) states, ''The FRS crew uses the on-board tool load to execute the required functions to repair disabled combat systems."

• Section 2-b states, "The FRS will not be a primary target for opposing weapons systems but can be a secondary target or a target of opportunity. The FRS may be performing maintenance in an area that comes under attack from opposing indirect fire weapons and close air support in preparation for an enemy assault. Threats to the FRS include cannon, artillery, multiple rocket launchers, mortars, tactical ballistic missiles, helicopters, fixed wing aircraft, NBC, high altitude electromagnetic pulse, mines, small arms, terrorist acts, and sabotage."

• Section 3, regarding the shortcomings of systems which existed prior to FRS, states, "the current systems do not possess adequate mobility, lift, diagnostics, welding, nor a tool configuration to fulfill its responsibilities as a heavy-force maintenance system."

• Section 4-a(1 )(a) states, ''The FRS will operate in geographical areas and under terrain and weather conditions similar to those of supported heavy force systems."

• Section 4-a(1 )(c) states, "(FRS includes)Advanced night vision equipment (which) enables the crew to safely navigate the FRS during limited visibility and night

Operations."

• Section 4-a(2)(e) states, "The FRS shall have external work lights to support maintenance operations in blackout conditions."

• Section 4-a(2)(h) states, "The FRS shall provide access to a workstation, with support panels which provides a work environment away from the elements, and physical security of the tools/equipment."

• Section 5-g states, "Individual hand tools will be fitted in cabinets with cutout inserts for easy accountability, protection, security and meet Operational Mode Summary/Mission

Profile (OMS/MP) requirements."

The ORD, as demonstrated by the above excerpts, shows the applicability to the nature of this acquisition. This document validates a legitimate need of tools which adhere to the requirement.

Each of the tools in the FRS tool load have a highly specialized form, fit, and function that is vital to the overall integrity of the FRS unit. It is imperative that the tools in the FRS tool be kept in working condition and any lost tools be replaced immediately.

Therefore, it is extremely important that the customer receives the brand name and part number requested for each CLIN. Familiarity with the location and layout of tools included therein is critical to the completion of the combat missions and on continued government equipment maintenance in these high stress situations. If other than the previously awarded and evaluated items are used in the cabinets, knowledge of the system will become skewed and the usability of the system will be slowed. This could potentially jeopardize the mission execution, putting unnecessary risk on the warfighter.

The FRS is required to operate and perform under a wide range of terrain, speed, lighting, and situational combat conditions while maintaining as close to a planned schedule of maintenance as is possible under these conditions. This is a system which will be used by many different soldiers and uniformity of this system is critical. Failure to use this system efficiently can result in the inability to repair critical combat equipment and could result in harm to or endanger the life, health, and safety of the units being supported by the equipment. For example, when using tools around mechanized equipment, (tanks, jeeps, trucks, planes), it is very important to be able to determine instantly, without question, that no tools out of a large tool array have been left in the engines or in other critical areas of the machinery. The failure to remove all tools could end in catastrophic engine failure and or even possible munitions failures which could result in serious injury or death of the individual or individuals around the equipment.

The customer agency (DoD) requires a specific orientation and layout of the tools provided in the tool load. The tool load has had extensive research and testing to provide proper layout and orientation to aid the end user to perform the work in the most effective and efficient manner possible. PdM EMSE must also ensure proper tool control with the tool system and the specific index included in the established tool load provides the correct drawer number, tool position and manufacturer and manufacturer part number visible to the end user. As operations can occur under any light condition, the standard layout also aids the end user in their ability to find the correct tool needed for the applicable application.

Replacement parts must have no material change to ensure that the integrity of the FRS will continue to work properly as designed and intended. The FRS tool load is outfitted with foam inserts in each drawer of the FRS unit. The foam inserts hold each tool in its assigned place and position. This procedure, also known as "shadowing," is essential for tool tracking, control, protection, security, and accountability, making these foam inserts an essential material in the tool load. The warfighter doesn't have the luxury of time that it would take to sort through a drawer or container housing many different tools to find the specific tool they are requiring for their current application. In addition, these foam cutouts are cut to the exact specifications of the tools required. As the FRS unit may have a need to travel over treacherous terrain, it is imperative that the tools remain secure in their place for use when needed.

Snap-On is the Original Equipment Manufacturer (OEM) of the FRS tool load and also for many of the individual components available for replenishment. From the reasoning above, it can be seen that there is a requirement for a specialized tool storage system; therefore, the tools, which are contained and periodically replenished within this storage system, are required to fit within this existing storage system. This is the requirement which led to the limiting of Competition in the original solicitation and FRS remains a requirement of PdM EMSE. GSA intends to award a contract vehicle for the total replacement tool load; as well as, individual replacement tools to be used within the FRS unit.

6. A DESCRIPTION OF THE EFFORTS MADE TO ENSURE THAT OFFERS ARE

SOLICITED FROM AS MANY POTENTIAL SOURCES AS 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:

This procurement will be publicized, as required, on the Government Point of Entry (GPE) via

SAM.gov in order to solicit as many potential sources as possible. The approved Justification and Approval will be posted on SAM.gov in accordance with FAR 6.305(c) and 5.102 (a)(6) with the solicitation.

Additionally, a Request for Information (RFI) was posted to both E-Buy and SAM.gov in

February 2022 and will be discussed further under Item 8.

7. A DEMONSTRATION BY THE CONTRACTING OFFICER THAT ANTICIPATED

COST TO THE GOVERNMENT WILL BE FAIR AND REASONABLE:

● Mil-Std-129 Compliance

● Suggested Convenience fee

● Manufacturer Warranty

● Small Business Set-Asides

● EDI or VP Registration

● FOB Destination Pricing

● Section 889 Part B Requirements

● General Comments

● Pricelists

Industry was encouraged to provide a reply for the FRS tool load requirement to help shape and form the solicitation. Three contractors submitted both the questionnaire and spreadsheet for review. The data asked for on the spreadsheet is essential in knowing what items of the requirements listing the contractors can provide, the Country of Origin (COO), whether the manufacturer is large or small, pricing, and information on discontinued NSNs, etc. No contractors indicated they could provide an alternative to the brand name NSNs requested with the exception of discontinued items in which contractors suggested an alternative item.

Based on submissions to the RFI two small businesses did submit responses; however, in response to the ‘Item Fulfillment Projection’ of the RFI could only supply 85.08% of the requirement. As such, this only leaves one small business who can meet the requirements of the solicitation. Additionally, on seven CLIN (CLIN 110, 124, 187, 281, 297, 308, and 1141) is unable to meet customer’s quantity one (each) requirements and they could only supply those items in multiples. As such, this procurement can not be set-aside as the Rule of Two would not be met IAW FAR 19.502-2(b)(1).

Additionally, there was not a reasonable expectation that if the acquisition were set-aside, the award could be made at fair market prices in accordance with 19.502-2 (b)(2). Only one of the three contractors who quoted included estimated costs on all CLINs. GSA is currently receiving direct from the manufacturer pricing on 88% of the items surveyed. Without complete pricing information from the small business concerns there is no reasonable expectation that the award will be able to be made at fair market prices.

This requirement will be submitted IAW GSAM 519.502-70(e)(2) through the Small Business

Administration (SBA) requesting Other Than Full and Open competition via the Office of Small and Disadvantaged Business Utilization (OSDBU) clearance form (GSA Form 2689) seeking approval by both the SBA Small Business Technical Advisor (SBTA) and the SBA Procurement

Center Representative (PCR).

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 above in sections

1-8.

10. A LISTING OF THE SOURCES, IF ANY, THAT EXPRESSED, IN WRITING, AN

INTEREST IN THE ACQUISITION:

John A. Duffy

Product Manager Engineer Maintenance

& Support Equipment (PdM EMSE)

Special Tools, Legacy Sets(SECM,SATS,FRS,HSTRU)

14. ADDITIONAL APPROVALS:

Out-of-Office__________________________________________________________________

Katie Norton

Section Chief, SOP Tools Branch, HAC

U.S. General Services Administration

Stephen Kinsella

Branch Chief, Supply Acquisition Branch, HAC

Tyler Sikes

Deputy Director, HAC

Teresa McCarthy

Director, HAC

Fallyme Guerrero

R6 Office of General Counsel (LD6)

8/15/2022

8/15/2022

8/15/2022

8/17/2022

Janet Schweer

R6 FAS Deputy Regional Commissioner and Competition Advocate

Mary Ruwwe

R6 FAS Regional Commissioner and Head of Contracting Activity (HCA)

Attachments List:

1. Attachment 1: Requirements Listing

2. Attachment 2: Operational Requirements Document (ORD)

Certificate Of Completion Envelope Id: E0E66E2FF0A44D1491BE84E7167F0B44 Status: Completed

Subject: Please DocuSign: QSDM-J3-223000-A_T04_Brand Name Justification and Approval (1).docx

Source Envelope:

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Fallyme Guerrero fallyme.guerrero@gsa.gov

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US General Services Administration

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