Brand Name - Memo SFA PAN Bottled Water FAR-Part 13-5 (002).pdf

Version – March 2017 FOR OFFICIAL USE ONLY

JUSTIFICATION REVIEW DOCUMENT

FAR SUBPART 13.5 SIMPLIFIED PROCEDURES FOR CERTAIN COMMERCIAL

ITEMS – BRAND NAME JUSTIFICATION AND APPROVAL

Program/Equipment: United States Army South requirement for DoD approved Brand Name Bottled Water source in the country of Panamá.

Authority: Simplified Procedures for Certain Commercial Items, 41 U.S.C. 1901 as implemented by FAR Subpart 13.5.

Amount: Estimated cost is $1M during the duration of the Master Blanket Purchase Agreement

Prepared by: Eladio Ramírez DSN: 421-295-6520 Logistic Planner, SFA PAN-21 Date:

G4 Exercise Branch Email: Eladio.ramirez2.civ@mail.mil

Contracting Officer: Charles E. Prihoda DSN: 449-5068 SSG, USA Date:

Contracting NCO 716th Contracting Team 410th Contracting Support Brigade RCC Americas Email: Charles.e.prihoda.mil@mail.mil

Technical: Eladio Ramírez DSN: 421-295-6520 Logistic Planner, SFA PAN-21 Date:

G4 Exercise Branch Email: Eladio.ramirez2.civ@mail.mil

Requirements: Eladio Ramírez DSN: 421-295-6520 Logistic Planner, SFA PAN-21 Date:

G4 Exercise Branch Email: Eladio.ramirez2.civ@mail.mil

Reviews: I have reviewed this justification and find it adequate to support Brand Name.

Program Manager:

Typed Name:

DSN:

Signature:

Legal Counsel:

Typed Name:

DSN:

Signature:

FAR Subpart 13.5 Simplified Procedures for Certain Commercial Items – Brand Name Justification and Approval

1. Contracting Activity: 410th Contracting Support Brigade, Regional Contracting Office Soto Cano, Soto Air Base, APO AA 34042

2. Description of Action: United States Army South requests a firm-fixed price contract for AquaViva Bottled Water in Panamá. The AquaViva water brand is the only approved water brand in the country of Panamá per the Army Public Health Center and the Worldwide Directory of Sanitarily Approved Food Establishments for Armed Forces Procurement. The Government projects award for May 2021 with base period of twelve-months and four (4) 12-month options.

An acquisition plan is not required because this procurement does not meet the threshold at Defense Federal Acquisition Regulation Supplement 207.103(d)(i)(B).

approved an acquisition plan in accordance with DFARS 207.103(d)(i)(B).

The required acquisition plan in accordance with DFARS 207.103(d)(i)(B) is currently awaiting approval.

3. Description of Supplies/Services: 660ML plastic bottled water (24 Bt. Per case) and 5 Gallons Jugs. Vendor shall provide water and delivery to designated locations in accordance with (IAW) Technical exhibit 1 of the Statement of Work (SOW). The bottled water shall be shrink wrapped and delivered in pallets. Water delivery will be made on an on call schedule in coordination with the Contracting Officer (KO) or the Contracting Officer Representative (COR).

Base Period: 20 May 2021 to 19 May 2022 Option Period 1: 20 May 2022 to 19 May 2023 Option Period 2: 20 May 2023 to 19 May 2024 Option Period 3: 20 May 2024 to 19 May 2025 Option Period 4: 20 May 2025 to 19 May 2026

4. Authority Cited: Simplified Procedures for Certain Commercial Items, 41 U.S.C. 1901 (or 41 U.S.C. 1903 for Special Emergency Procurement) as implemented by FAR Subpart 13.5:

Unusual and compelling urgency Exclusive licensing agreements Industrial mobilization

Other: Market research shows multiple vendors within the country of Panamá sell the AquaViva bottled water brand. AquaViva is the only approved brand name water source in the country of Panamá per the Army Public Health Center and the Worldwide Directory of Sanitarily Approved Food Establishments for Armed Forces Procurement.

5. Reason for Authority Cited:

• Bottled water purchases must be AquaViva brand name specific and bottled at that specific plant per the Army Public Health Center and the Worldwide Directory of Sanitarily Approved Food Establishments for Armed Forces Procurement. Other brand names could be considered. However, a Sanitary Audit for each possible additional brand would have to be made by a certified U.S. Army Veterinary Corps Sanitary Auditor. The earliest the audit could be conducted is Mid-April 2021. The average time to get results back is 30 – 60 days. The mission starts on or about 20 May 2021. Time constraints may not allow sufficient time for the bottling manufacturer to make changes in their processes to meet Army standards. In addition, the vendors may not have the resources or be willing to spend the money to make improvements if they are not guaranteed a contract award in the end.

6. Efforts to Obtain Competition: The Contracting Officer shall publish the notices required by FAR 5.201.

7. Actions to Increase Competition: Other bottled water manufacturers identified in Panama will be inspected and to certify them to be eligible for procurement.

8. Market Research: Market research has identified other brand of bottled water which has not been approved by U.S. Army Veterinary Corps Sanitary Auditor

9. Interested Sources: AquaViva Bottling Company, Inc., located in Via Transistmica, Milla 8, Panama

10. Other Facts: N/A

a. Procurement History: N/A

11. Technical Certification: I certify that the supporting data under my cognizance which are included in the justification are accurate and complete to the best of my knowledge and belief.

Typed Name: Eladio Ramirez Date:

Title: Logistic Planner, SFA PAN-21 Signature:

12. Requirements Certification: I certify that the supporting data under my cognizance which are included in the justification are accurate and complete to the best of my knowledge and belief.

Typed Name: Eladio Ramirez Date:

Title: Logistic Planner, SFA PAN-21 Signature:

13. Fair and Reasonable Cost Determination: I hereby determine that the anticipated cost or price to the Government for this contract action will be fair and reasonable.

This determination will be made using the following: price analysis cost analysis IGCE audit: other:

As a part of this basis, certified cost or pricing data is not required because the item and/or services being acquired are considered commercial.

Typed Name: Charles E. Prihoda, SSG Date:

Title: Contracting Officer Signature:

14. Contracting Officer Certification: I certify that this justification is accurate and complete to the best of my knowledge and belief.

Typed Name: Charles E. Prihoda, SSG Date:

Title: Contracting Officer Signature:

Approval

Based on the foregoing justification, I hereby approve the procurement of Bottled Water Aquaviva on a Brand Name basis pursuant to the authority of the Simplified Procedures for Certain Commercial Items, 41 U.S.C. 1901 as implemented by FAR Subpart 13.5, subject to availability of funds, and provided that the services or supplies herein described have otherwise been authorized for acquisition.

Typed Name: Date:

Special Advocate for Competition Signature: