Brand Name or Equal Justification - FAR 13.5 Winter Warfare Loadout_Redacted.pdf

JA No. 21-020

Sole Source Justification Under the Authority of the FAR 13.5 Simplified Procedures for Certain Commercial Items

41 U.S.C. 1901

Justification for Other Than Full and Open Competition

FAR 13.501

Project/Program Name: Winter Warfare Loadout

Component/PEO/Other: COMNAVSPECWARCOM Estimated Contract Cost (including options):

Type: (Individual or Class )

JA No.

21-020

Obtained from Office Log

1. Agency and Contracting Activity: (FAR 6.303-2(b)(1)) Agency: USSOCOM

Contracting Activity: COMNAVSPECWARCOM

2000 Trident Way, Bldg. 624

San Diego CA 92115-5599

2. Description of Action: (FAR 6.303-2(b)(2)) Bridge Action: Yes No This is a brand name or equal requirement. Approval is requested for a new contract for the purchase of winter warfare loadout for Naval Special Warfare Group Two (NSWG-2). The contract will be a purchase order with no options. The items are the bona fide need of FY21;

therefore, FY21 O&M appropriation will be used to fund this requirement.

Per FAR 13.501, post on FBO within 14 days after contract award, or within 30 if based on urgency (unless a 5.202 exception applies).

If citing brand name post with solicitation.

3. Description of Supplies/Services: (FAR 6.303-2(b)(3)) NSWG-2 requires various commercially available winter warfare gear and equipment to support the training and deployment of personnel in a winter environment. List of gear required (quantity 162 each) is shown below:

Artic Sleeping Bag, 190CM Ski Bag, Artic Inflatable Ground Pad, Season Tent, Overwhite set, Overwhite backpack cover, Wool base layer top, Wool base layer bottom, Wool contact glove, Extreme cold weather boot, Balaclava, cold weather, Trail snowshoe , Avalanche beacon, Snow probe, Shovel system, Alpine climbing axe, Crampons, Ski boots, Skis with bindings, Ski poles, Ski helmet, Ski goggle, Ski skin, Carbon whippet pole, Touring harness, Ski ruck sack, 4-man tent.

4. Authority Cited: (FAR 6.303-2(b)(4)) This brand name or equal acquisition is being conducted under the authority of the simplified acquisition procedures for certain commercial items at 41 U.S.C. 1901, as implemented by FAR 13.501(a).

5. Reason for Authority Cited: (FAR 6.303-2(b)(5)) Even though items are brand name or equal, Per DFARS 213.501, a J&A has to be completed IAW FAR 13.501(a). Items are characterized as Brand Name or Equal as the requiring activity is willing to accept an “as equal” product. The brand name items included in the solicitation Attachment 1- Product Description have been validated by SME instructors as the safest options to facilitate training in mountainous, cold, and austere environments; and provide great durability. For any product competed on an “or equal basis” the Government will utilize the listed product description as a basis for comparison of ‘or equal’ items quoted. The use of these descriptions in the acquisition is essential to the Governments requirements and the salient characteristics of the listed components represent the most accurate description of the required items.

6. Efforts/Actions to Increase Competition: (FAR 6.303-2(b)(6)) The notice will be posted with the solicitation as it cites a brand name.

A notice will be posted within 14 days of contract award (30 if based on urgency).

The notice was not publicized as required by FAR 5.2. If a notice was not publicized, the exception cited under FAR 5.202(a)(1) through (13) was: .

The contract will be competed among small businesses.

7. Market Research: (FAR 6.303-2(b)(8)) Market research shows that there are enough small business manufacturers of cold gear that can provide the products of the small business manufacturers.

The Government intends to post a combined synopsis/ solicitation in SAM.gov as a small business set aside IAW FAR 19.502-2(b) and FAR 19.203(c).

8. Interested Sources: (FAR 6.303-2(b)(10)&(11))

9. Other Authorities/Factors: (FAR 6.303-2(b)(9)) N/A

10. Technical and Requirements Certification:

Approval Levels < $650K

Ech II APM

Ech III Dept Head or Above

Ech IV CO, XO, CMC

Approval Levels $650K

Ech II ACOS/SA or Deputy

Ech III Commodore/ CO, CSO or CMC

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:

NAME: _______ TITLE: _______________________________

SIGNATURE: _______________ DATE: _________________

11. Fair and Reasonable Cost Determination: (FAR 6.303-2(b)(7)) I hereby determine that the anticipated cost or price to the Government for this contract action will be fair and reasonable based on analysis conducted per FAR 13.106 as supplemented by

FAR 15.4.

CONTRACTING OFFICER SIGNATURE IN SECTION 12 BELOW ALSO SERVES AS

THE PRICE FAIR AND REASONABLENESS DETERMINATION IN THIS SECTION.

12. Contracting Officer Certification:

I hereby certify that this Justifcation is complete and accurate to the best of my knowledge and belief.

NAME: TITLE: Contracting Officer

SIGNATURE: _____________

Date: 2021.07.21 09:46:51 -04'00'

CSO

21 JULY 2021

'______ DATE: ___07/21/2021______________

13. Procuring Activity Advocate for Competition Authority: SOFARS 5601-1

I have reviewed this document and find the Justification legally sufficient to support other than full and open competition:

NAME: TITLE: Chief of Contracting, Division 2

SIGNATURE: _____________ ______ DATE: 8/19/2021

14. Legal: SOFARS 5601-1 I have reviewed this document and find the Justification legally sufficient to support other than full and open competition:

NAME: TITLE: Associate Counsel

SIGNATURE: _____________ 00'

_______ DATE: _8/20/2021