United States Department of Agriculture Justification for Other than Full and Open Competition

Pursuant to the requirements of the Competition in Contracting Act as implemented by Revolutionary Federal Acquisition Regulation (FAR) Overhaul (RFO) FAR Part 6 and in accordance with the requirements of RFO FAR 6.104-1, the justification for the use of the statutory authority cited herein is supported by the following facts and rationale:

(1) Mission Area and Contracting Activity.

USDA-Agricultural Research Service (ARS Main Building #1, 141 Experiment Station Road, Stoneville, MS 38776)/333 Broadway SE Albuquerque, NM

(2) Nature and/or description of the action being approved:

Project: 127EAV26Q0113 Remove & Replace Carpet Stoneville, MS.

Approval of a Brand Name‑or‑Equal purchase description allowing the Government to list the J+J #3563 carpet tile and Flexco Base Storm Gray #395 cove base as the baseline products for comparison, while still permitting equivalent items meeting all salient characteristics.

(3) A description of the supplies or services required to meet the agency’s needs (including the estimated value).

The project consists of the removal of existing carpet and installation of new carpet materials in the office and conference room areas.

Brand‑Name Baseline Items: J+J #3563 Essential Accent Carpet Tile in the Conference Room & Office areas.

• Quantities: 1,970 SF + 2,500 SF Flexco Base Storm Gray #395, 4" Cove Base

• 200 LF + 720 LF

• Associated adhesives and accessories (Carpet tile adhesive, Cove base glue)

• Labor (remove & replace carpet, remove & replace cove base, furniture moving)

• Additional stock carpet (200 SF)

• Safety plan and dumpster/removal services

(4) Identify the statutory authority permitting other than full and open competition.

The statutory authority permitting this justification is: 10 U.S.C. 2304(c)(1) as implemented by FAR RFO 6.103‑1(d), Brand Name for use of brand‑name specifications in solicitations.

This justification is required because solicitation 127EAV26Q0113 includes brand‑specific product names, even though equal products are permitted.

(5) Demonstrate that the proposed contractor's unique qualifications or the nature of the acquisition requires using the authority cited.

The use of J+J carpet tile and Flexco cove base as baseline products is necessary for continuity of Appearance and Quality. ARS facilities maintain standardized interior materials for consistency across workspaces.

Performance Requirements:

The selected carpet tiles provide required durability, acoustic absorption, and wear characteristics appropriate for lab‑adjacent administrative spaces.

Exact Color‑Match and Dimensions:

“Storm Gray #395” cove base and “Essential Accent #3563” carpet tile have specific color, texture, and construction characteristics needed to match existing spaces.

Installation Compatibility:

The adhesives, tile construction, and cove base materials must integrate properly with the building’s substrate and traffic patterns.

These attributes constitute the salient characteristics that “equal” products must meet.

(6) Provide a description of efforts made to ensure that offers are solicited from as many potential sources as possible, including whether a notice was or will be publicized as required by Part 5 and, if not, which exception under Part 5 applies.

ARS reviewed alternative commercial carpet and cove base manufacturers. Market research found:

Many vendors offer commercial carpet tile and cove base. However, only some manufacturers offer color‑matched systems with identical construction and dimensions. The brand‑name baselines therefore provide the clearest definition of the Government’s minimum needs while preserving competition through the “or equal” provision. Equal products may be accepted if they meet all salient characteristics listed in AGAR 452.211‑70 Brand Name or Equal.

(7) A determination by the Contracting Officer that the anticipated cost to the Government will be fair and reasonable.

The procurement is solicited as a 100% small‑business set‑aside, open to all responsible small‑business flooring contractors under NAICS 238330. The RFQ was publicly posted and allows “brand name or equal” submissions with adequate descriptive literature.

(8) A description of the market research conducted and the results or a statement of the reason Market Research was not conducted.

The Contracting Officer will determine price reasonableness under LPTA evaluation procedures.

Pricing for all CLINs is required and will be reviewed to ensure a fair and reasonable total cost.

(9) Any other facts supporting using other than full and open competition, such as:

• Estimated period of performance is 09/28/2026–11/27/2026.

• Performance must occur onsite at ARS Main Building #1.

• Site‑visits were encouraged for accuracy.

• Quotes must comply with all attached SOW requirements.

(10) A listing of the sources, if any, that expressed an interest in the acquisition in writing.

Any small‑business vendor capable of meeting salient characteristics may propose an equivalent product. No restrictions beyond the technical requirements and salient characteristics will limit competition.

(11) 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.

The agency will continue using brand‑name‑or‑equal descriptions whenever viable.

Certifications & Approvals

(12) Technical / Requirements Personnel Certification I certify this requirement meets the Government’s minimum need and that the supporting data, which forms a basis for this justification, is complete and accurate.

Name Date Title

(13) Contracting Officer’s Certification I certify that the data supporting the recommended use of other than full and open competition accurate and complete to the best of my knowledge and belief.

Name Date Contracting Officer

Additional Reviews & Approvals

(14) Advocate for competition for the procuring activity ($750,000 but not exceeding $15M).

I have reviewed this justification and find it to be accurate and complete to the best of my knowledge and belief. Therefore, unless additional approvals are required as prescribed below, as advocate for competition for the procuring activity, I hereby approve this justification. If required, my approval constitutes clearance for submission to the Head of the Contracting Activity.

Name of MASCO/COCO Date Procuring Activity Advocate for Competition

(15) Head of the Procuring Activity ($15M but not exceeding $75M).

I have reviewed this justification and find it to be accurate and complete to the best of my knowledge and belief. Therefore, unless additional approvals are required as prescribed below, as Head of the Procuring Activity, I hereby approve this justification. If required, my approval constitutes clearance for submission to the Senior Procurement Executive.

Name of HCA Date Head of Contracting Activity

(16) Senior Procurement Executive of the Agency ($75M and over).

I have reviewed this justification and find it to be accurate and complete to the best of my knowledge and belief. Therefore, as the Senior Procurement Executive, I hereby approve this justification.

Name of SPE Date Senior Procurement Executive

(17) Legal Review and Concurrence (when required)

I have reviewed this justification and deem it legally sufficient.

Name of Attorney Date Office of General Counsel