Brand Name Justification_ID FLAP ADA 2019(1).pdf

Project: ID FLAP ADA 2019(1), Western Heritage Byway – Swan Falls Road

Date: August 25th, 2026

From: Wendy Schmidt

Project Manager

To: Rebekah Webb

Contracting Officer

Subject: Brand Name Justification & Approval

Project No.: ID FLAP ADA 2019(1)

Project Name: Western Heritage Byway – Swan Falls Road

Justification for other than full and open competition – This justification is in accordance with FAR

6.103-11, only one responsible source and no other supplies or services will satisfy agency requirements.

This justification covers only the portion of the acquisition which is brand name, identified below.

Agency - Federal Highway Administration (FHWA)

Contracting Activity - Western Federal Lands Highway Division (WFLHD), Vancouver, WA

Nature and/or Description of Action - FHWA-WFLHD will be soliciting for the reconstruction and rehabilitation of Swan Falls Road on the Western Heritage Byway. The documents included with the solicitation call for specific brand name products that are unique to one manufacturer. This brand-name justification covers the Dedication Point improvements including the picnic tables, vault toilet, and shade shelter structure.

Description of supplies or services required to meet agency needs – Construction of the

Dedication Point improvements on Swan Falls Road shall use the following brand-name products.

The estimated value of these products on this project is $150,000.00

1 Revolutionary FAR Overhaul, Class Deviation No. 2025-10 from the Federal Acquisition Regulation for FAR Part 6 in

Support of Executive Order 14275 on Restoring Common Sense to Federal Procurement, July 2025

Memorandum Western Federal Lands Highway Division

610 E. Fifth Street Vancouver, WA 98661-3801 https://www.acquisition.gov/far-overhaul/far-part-deviation-guide/far-overhaul-part-6#FAR_6_103

Products

Quantity Unit price Total

Picnic Table (Manufactured by RJ Thomas Mfg.

Co. Inc)

2 $5,000.00 $5,000.00

Vault Toilet (Manufactured by CXT Incorporated) 1 $100,000.00 $100,000.00

Shade Shelter Structure (Manufactured by

Poligon) 1 $40,000.00 $40,000.00

Total $150,000.00

Authority permitting exception to fair opportunity –

a) FAR 11.2042: 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.

b) FAR 6.103-13: The use of the name brand products are essential to the Government’s requirements, thereby precluding consideration of a product manufactured by another company.

Why we are using this authority - We are demonstrating that the nature of the acquisition requires use of the cited authority. In this case, to maintain aesthetic continuity along the corridor and maximize operational efficiency, it is essential to specify this brand, as its design aligns with the

Bureau of Land Management’s (BLM) existing corridor infrastructure, and BLM staff are already equipped with specialized tools, replacement parts, and established workflows required to maintain these specific models.

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

The RJ Thomas Mfg. Co. Inc, CXT Incorporated, and Poligon products listed have been chosen for this contract based on the following criteria:

a) These products have previously been used on past projects with great success.

b) Since these products have been used on past projects, continued use of these products will ensure continuity of appearances within the Western Heritage Byway.

c) Due to budget constraints, BLM cannot afford to train its technicians on the proper procedures for repairing every manufacturer of these fixtures. Thus, the BLM technicians have been trained to repair the fixtures for the identified manufacturers, RJ Thomas Mfg. Co. Inc, CXT Incorporated, and Poligon.

Description of efforts made to ensure that offers are solicited from as many potential sources as is practicable - This project is being advertised on SAM.gov as a competitive task order solicitation. We anticipate substantial interest from the contracting community and that prime contractors will compete the work among their subcontractors.

Fair and reasonable recommendation - WFLHD is soliciting this project via competitive task order solicitation. It is anticipated that contractors will compete the work among their subcontracts, of which will be for the supply and installation of the picnic tables, vault toilet, and shade shelter

2 Revolutionary FAR Overhaul, Class Deviation No. 2025-09 from the Federal Acquisition Regulation for FAR Part 11 in

Support of Executive Order 14275 on Restoring Common Sense to Federal Procurement, July 2025.

3 Revolutionary FAR Overhaul, Class Deviation No. 2025-10 from the Federal Acquisition Regulation for FAR Part 6 in

Support of Executive Order 14275 on Restoring Common Sense to Federal Procurement, July 2025 https://www.acquisition.gov/far-overhaul/far-part-deviation-guide/far-overhaul-part-11#FAR_Subpart_11_1 structure. Thus, subcontractors will seek to obtain competitive pricing, from their suppliers.

Suppliers will in-turn seek to provide competitive pricing for the products they provide and obtain competitive pricing from the product manufacturer.

Market Research - Market research was limited to those products that have been pre- approved by the BLM on previous projects. Market research shows that these products from RJ Thomas Mfg. Co.

Inc, CXT Incorporated, and Poligon are the only commercially available products that meet the needs of the project.

Other facts supporting the use of other than full & open competition – CXT Double Cascadian

Vault Restrooms with Chase, Pilot Rock APT Series picnic tables, and Poligon Gable Roof rectangle REK shade structures meets the BLM’s expectations of prior performance. After discussions with BLM, these products have been successful in terms of past performance, longevity, maintenance, and aesthetics.

A listing of sources, if any that expressed, in writing, an interest in the acquisition - No sources to our knowledge.

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 or services required. - None at this time.

C. Signatures

Technical/Requirements Personnel Certification - I certify that the above information and the attached evidence supporting this justification are complete and accurate.

Project Manager Date

Contracting Officer Certification & Determination - In accordance with FAR 6.103-14, I certify that this justification for an exception to fair opportunity is accurate and complete to the best of my knowledge and belief.

Contracting Officer Date

Attachments: Special Contract Requirements (SCRs) related to the use of the CXT Double Cascadian Vault

Restroom with Chase, Pilot Rock APT Series picnic tables, and Poligon Gable Roof rectangle REK shade structure for the subject project.

4 Revolutionary FAR Overhaul, Class Deviation No. 2025-10 from the Federal Acquisition Regulation for

FAR Part 6 in Support of Executive Order 14275 on Restoring Common Sense to Federal Procurement, July

G-3 DIVISION 700

Special Contract Requirements

Project: ID FLAP ADA 2019(1), Western Heritage Byway - Swan Falls Road

Section 725. — MISCELLANEOUS MATERIAL

01 NOV 2024 – FP-24

725.21 Vault Toilet. (Added Subsection).

Provide a CXT Double Cascadian Vault Restroom with Chase with the following characteristics:

(a) Simulated barnwood textured walls with sand beige color;

(b) Simulated cedar shake textured roof with charcoal grey color;

(c) Stanley-Best hardware door with A2 system, E keyway, and 6-pin compatible; and

(d) 3-roll stainless steel toilet paper holder.

725.22 Picnic Table. (Added Subsection).

Provide two Pilot Rock APT Series picnic tables with the following characteristics:

(a) Nominal length of 8 feet;

(b) Hot-dip galvanized steel frame;

(c) V-type (expanded steel);

(d) Standard brown color; and

(e) Steel base plate mount.

725.23 Shade Structure. (Added Subsection).

Provide Poligon Gable Roof rectangle REK shade structure with the following characteristics:

(a) Size: 16-foot by 24-foot roof;

(b) Height at gable peak: 10-foot 3-inch;

(c) Clearance to bottom of roof: 7-foot 6-inch;

(d) Multi-Rib roof type; and

(e) Tudor brown color for roof and greystone matte color for frame.