Brand Name Sole Source Scotch Weld 2216 SEP2023_Redacted.pdf

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Attached to
3M SCOTCH-WELD EPOXY ADHESIVE Federal contract opportunity
Solicitation number
W51AA1-24-Q-0001
Issued by
Department of the Army

About this file

This document is a justification memorandum for limiting competition to a brand name product for a federal contract opportunity. The contracting activity is seeking to procure 3M Scotch-Weld Epoxy Adhesive 2216 Gray in quantities of 60 kits from 3M Industrial Adhesives and Tapes Division as the sole source provider. This product meets military and NASA specifications for viscosity, pot life, tensile strength, and outgassing requirements needed for overhaul processes at Tobyhanna Army Depot. 3M Scotch-Weld Epoxy Adhesive 2216 Gray is justified as a brand name product as it is the only adhesive that meets the necessary technical parameters for the depot's operations, and use of other materials would impede workflow. The related solicitation is numbered W51AA1-24-Q-0001 for procurement of the 3M epoxy adhesive from the Department of the Army.

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For Supplies At or Below the Simplified Acquisition Threshold Use for FAR Part 8, FAR Subpart 13.1, or FAR Part 16, Including Brand Name

Memorandum for Record – Limiting Competition at or Below the Simplified Acquisition Threshold

V20REV02

1.0 CONTRACTING ACTIVITY:

ARMY CONTRACTING COMMAND – ABERDEEN PROVING GROUND

TOBYHANNA DIVISION

11 HAP ARNOLD BLVD

TOBYHANNA, PA 18466‐5100

2.0 DESCRIPTION of ACTION:

FISCAL YEAR: OMA AWCF OTHER:

NEW REQUIREMENT FOLLOW‐ON REQUIREMENT PAN NO.:

PURCHASE REQUEST NO.: MORE THAN 1 PR? NO YES

YES BRAND NAME ONLY? NO

NAME of PROPOSED CONTRACTOR and ADDRESS:

3.0 DESCRIPTION of REQUIREMENT:

REQUIRED DELIVERY DATE:

TYPE of CONTRACT:

FIRM FIXED PRICE

TIME & MATERIALS/LABOR HOURS HYBRID

COST REIMBURSABLE

Memorandum for Record – Limiting Competition at or Below the Simplified Acquisition Threshold

V20REV02

4.0 AUTHORITY:

FAR 13.106‐1(b)(1):

PURCHASES NOT EXCEEDING the SIMPLIFIED ACQUISITION THRESHOLD, (SAT), $250,000.00, ONLY ONE SOURCE REASONABLY AVAILABLE, URGENCY, EXCLUSIVE LICENSING AGREEMENTS, BRAND NAME, or INDUSTRIAL MOBILIZATION.

OR

FAR 8.405‐6(a)(1)(i)(B) and 8.405‐6(b)(1): BRAND NAME FAR 8.405‐6(a)(1)(i)(A): URGENCY

FAR 8.405‐6(a)(1)(i)(B): ONLY ONE SOURCE is CAPABLE FAR 8.405‐6(a)(1)(i)(C): LOGICAL FOLLOW‐ON

OR

FAR 16.505(a)(4): BRAND NAME FAR 16.505(b)(2)(i)(A): URGENCY

FAR 16.505(b)(2)(i)(B): ONLY ONE AWARDEE is CAPABLE FAR 16.505(b)(2)(i)(C): LOGICAL FOLLOW‐ON

FAR 16.505(b)(2)(i)(D): MINIMUM GUARANTEE

5.0 REASON for AUTHORITY CITED:

Memorandum for Record – Limiting Competition at or Below the Simplified Acquisition Threshold

V20REV02

6.0 PUBLICIZING CONTRACT ACTIONS:

FOR FAR PART 13 ACTIONS, the PUBLIC DISPLAY and SYNOPSIS REQUIREMENTS of FAR 5.101 and 5.203…

(a) … do NOT apply due to the $25,000.00 threshold; (b) … apply and WILL be followed;

(c) … do NOT apply due to exception at 5.202

REQUIREMENT to POST JUSTIFICATION in ACCORDANCE with FAR 8.405‐6(b)(3), FAR 13.105(c), or FAR 16.505(a)(4)(iii)(A)…

Action is NOT a brand name restriction and will be followed.

Action is a brand name restriction, UNDER $25K – NO POSTING REQUIRED.

Action is a brand name restriction, OVER $25K. It will be redacted and posted with the solicitation.

Action is a brand name restriction, OVER $25K, but will NOT be posted due to exception:

7.0 MARKET RESEARCH:

8 OTHER FACTS:

Memorandum for Record – Limiting Competition at or Below the Simplified Acquisition Threshold

V20REV02

9.0 TECHNICAL / 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.

10.0 CONTRACTING OFFICER CERTIFICATION / APPROVAL:

I certify that this justification is accurate and complete to the best of my knowledge and belief, and that completing this purchase as a sole source is in the best interest of the Government. Additionally, I approve this justification to limit competition to the availability of funds and provided that the supplies herein described have otherwise been authorized for acquisition.

THIS JUSTIFICATION IS: APPROVED NOT MET

2:
0_(1) FISCAL YEAR: FY23
0_(2) FUND TYPE: AWCF
0_(2) OTHER FUND:
0_(3) REQUIREMENT TYPE: NEW
0_(4) PAN NUMBER: 021290
0_(5) PURCHASE REQUEST NUMBER: W25G1V3230004P
0_(7) REMOVE RED TEXT:
0_(7pt2) SHOW RED TEXT AGAIN:
0_(6) MORE THAN 1?: NO
0_(7A) TEXT to LIST MORE PRs:
0_(7B) RED TEXT: Use this field to list any additional PR numbers that are part of this package. Briefly state the purpose of each one.

For Example: W25G1V#######1 : Screws; W25G1V#######2 : Bolts; W25G1V#######3 : Nails

0_(8) BRAND NAME ONLY?: YES
0_(9) PROPOSED CONTRACTOR: 3M

Industrial Adhesives and Tapes Division St. Paul, MN 55144-1000 800-362-3550

0_(10) CONTRACT TYPE: FIRM FIXED PRICE
0_(10B) % FFP: %
0_(10B) % CR: %
0_(10B) % TM & LABOR: %
0_(10B) % HYBRID: %
0_(10C) TEXT - FFP:
0_(10C) TEXT - CR:
0_(10C) TEXT - TM & LABOR:
0_(10C) TEXT - HYBRID: 0
0_(10D) RED TEXT: Enter percentage for each type.
3:
0_(00) CLEAR RED TEXT:
0_(00A) SHOW RED TEXT AGAIN:
0_(1A) REQUIRED DELIVERY DATE:
0_(3A) DESCRIPTION of ITEMS: 3M Scotch-weld Epoxy Adhesive 2216 Gray, 60 KT

3M SCOTCH-WELD EPOXY ADHESIVE 2216 GRAY B/A, 1 GAL KIT, 2 PER CASE. 3M P/N: 62221674302, U/I-KT. It meets Specification DOD-A-82720 and Outgassing requirement per NASA 1124 Revision 4.

MFG: 3M ADHESIVES COATINGS & SEALANTS DIVISION.

3M Scotch-Weld Epoxy Adhesive 2216 is a flexible, two-part epoxy adhesive that cures at room temperature. It provides a high strength bond with both high shear and peel strength while remaining highly flexible, making it ideal for applications where vibration and thermal expansion and contraction are common. It also withstands very cold temperatures without overly embrittling.

NOTE:HAZMAT items require longest possible shelf life and most current SDS when shipping.

0_(3B) RED TEXT:

- Briefly describe EXACTLY what supply item(s) to be purchased.

- Describe PLAINLY and CLEARLY.

- Include quantities and, part/serial/make/model numbers.

- AVOID unneccessary technical language and abbreviations. (Just because YOU know what it means, does not mean that the person(s) reading it knows what it means).

REMEMBER:

- This document is VERY LIKELY to be posted to the public, (as required by Federal Regulation).

- This description needs to be comprehensible to ALL potential readers, from the proposed contractor,to their immediate and potential competitors, to the civilians who's only hobby is looking into government spending.

RESET FORM:
4:
0_(1) RED TEXT: (To be filled out by the Contracting Activity)
0_(2) AUTHORITY: FAR 8 BRAND NAME
5:
0_(1) REMOVE RED TEXT:
0_(1B) SHOW RED TEXT AGAIN:
0_(2A) TEXT REASON: This brand name material has properties that meet viscosity, pot life, tensile strength and elongation requirements per the Military Specification DOD-A-82720 and Outgassing requirement per NASA 1124 Revision 4. This is the only brand name product that has the necessary parameters listed above, including time to handling strength, spreading rate, working time, and viscosity needed for Tobyhanna Army Depot overhaul processes. Use of other materials would impede inter-shop processing.
0_(2B) RED TEXT:

- What is so different/special about this contractor, (unique capabilities, expertise, etc.), that justifies omitting opportunity for any and all other contractors within the same field/commodity?

- Explain why or how this is the only brand that will meet the Government’s needs. (Brand Name Only Requirements)

- Explain why purchasing similar items by competing brands & altering them "in-house" will NOT meet the Government's needs. (Brand Name Only Requirements)

- Describe the negative effects/serious injury to the Government or mission of the requiring activity if this justification is NOT approved and the item(s) cannot be provided by the intended sole source contractor.

- When stating substantial duplication of costs or unacceptable delays, you must include information on HOW it will cause these extra costs and delays. WHY the duplication of costs and/or delays are unacceptable.

REMEMBER:

- This document will be viewable to any and all of the contractors that you are trying to exclude from competition.

- Facts are your friend! Using words such as "probably" and "may" will only weaken your argument and give the impression that your justification is guess-work.

- Any version of the phrase "... the customer wants it..." is irrelevant.

6:
0_(0) RED TEXT: (To be filled out by the Contracting Activity)
0_(1) PUBLICIZING CONTRACT ACTIONS: C
0_(3B) EXCEPTION 1: FAR 8.405-6(b)(3)(ii)(A)
0_(3C) EXCEPTION 2: FAR 8.405-6(b)(3)(ii)(B)
0_(3D) EXCEPTION 3: FAR 8.405-6(b)(3)(ii)(C)
0_(2) PUBLICIZING JUSTIFICATIONS: THIRD
0_(3A) EXCEPTION 4: FAR 6.305(f)
0_(3E) EXCEPTION 5: FAR 16.505(a)(4)(iii(C)
0_(4) EXCEPTIONS: Off
7:
0_(0) REMOVE RED TEXT:
0_(0A) SHOW RED TEXT AGAIN:
8:
0_(0) REMOVE RED TEXT:
0_(0A) SHOW RED TEXT AGAIN:
0_(1A) TEXT OTHER FACTS:
0_(1B) RED TEXT:

Discuss any other facts which support the use of a sole source for this effort.

Include the procurement history of the item/service.

If this is a modification, include whether or not the contract award was competitive or not.

9:
0_(0) NOTE - SIGNATURES: Signature will be required AFTER Contracting Officer's review and approval.
10:
0_(1) KO APPROVAL: APPROVED
0_(1B) NOT MET_REASONS AND ADVICE:

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