Brand Name Justification.pdf

NON COMPETITIVE MEMORANDUM

FOR SIMPLIFIED ACQUISITION ACTIONS

IAW FAR 13.106-1(b)

1. REQUIRING AGENCY – DOJ/Bureau of Prisons, FCI Danbury

2. NATURE/DESCRIPTION OF ACTION BEING APPROVED – Solicitation and award of a contract on a brand-name basis for supplies peculiar to one manufacturer under RFQ 15B20325Q00000033.

3. DESCRIPTION OF SUPPLIES OR SERVICES REQUIRED TO MEET THE AGENCY’S NEEDS –

The requirement is for twenty (20) Scott Safety SCBA Cylinders, Part Number 804723-01, to replace existing cylinders currently in use at FCI Danbury.

4. IDENTIFICATION OF STATUTORY AUTHORITY PERMITTING OTHER THAN FULL AND OPEN

COMPETITION – 41 U.S.C. 253. Competition requirements; 41 U.S.C. 1901. Simplified acquisition procedures

5. DEMONSTRATION THAT THE PROPOSED CONTRACTOR’S UNIQUE QUALIFICATIONS OR THE

NATURE OF THE ACQUISITION REQUIRES USE OF THE AUTHORITY CITED –

Although this acquisition is not being limited to one source, FCI Danbury utilizes the SCOTT Air-Pak 75 SCBA units. In order to comply with OSHA requirements and maintain the SCBA’s in a NIOSH-approved condition, only Scott-manufactured cylinders may be used with these SCBA units.

The use of non-Scott cylinders would:

• Void the NIOSH certification of the SCBA units,

• Place staff at risk of equipment failure,

• Create potential OSHA non-compliance, and

• Increase safety hazards in emergency situations.

Therefore, only the brand-name item identified above will satisfy the Government’s requirements.

6. DESCRIPTION OF EFFORTS MADE TO ENSURE THAT OFFERS ARE SOLICITED FROM AS MANY

POTENTIAL SOURCES AS PRACTICABLE– Market research was conducted. While there are multiple authorized distributors of Scott Fire & Safety products, no other manufacturer’s SCBA cylinders are compatible with the institution’s existing SCOTT Air-Pak 75 SCBA units.

Procurement and Safety staff will continue to monitor the market trends in the industry to seek competition or sources that may be able to meet the minimum needs of the government in procuring SCBA cylinders.

7. CONTRACTING OFFICER’S CERTIFICATION

I certify this justification is accurate and complete to the best of knowledge and belief.

Contracting Officer

IAW FAR 13.106-1(b)