CD-492-Brand Name Justification-R2.pdf

FORM CD-492 U.S. DEPARTMENT OF COMMERCE

(REV. )

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

I recommend that the Department of Commerce negotiate only with

(Proposed Contractor(s)) for

(Description of Supplies or Services)

Requisition No. Cost Estimate $ (Include basic contract period and all options or total systems life costs)

Requesting Activity Contracting Activity

CERTIFICATION REQUIREMENTS

I certify that the attached narrative justification is accurate and contains complete data necessary to support the recommendation for other than full and open competition.

The requisitioner further certifies that the attached narrative justification verifies the Government's minimum needs or schedule requirements and any rationale used to justify other than full and open competition procedures.

Requisitioner (Name and Title) Signature Phone No. Date

Use of this form is optional when: the justification contains all information required by FAR 6.303-2, is certified by the requisitioner and contracting officer and is approved at the appropriate levels.

Before requesting this acquisition, state the statutory authority for conducting this acquisition under "other than full and open competition" procedures in the following blank (use only one statutory authority). Also provide a narrative justification to this form. In accordance with FAR Subpart 6.3, the narrative justification must include the facts necessary to reasonably and legitimately lead to the use of the specific authority for other than full and open competition; including adequate information on the nature and/or description of the action being approved and a description of the supplies or services required to meet the agency's needs.

STATUTORY AUTHORITY

41 USC ( )(1) - Only one responsible source

The supplies or services required by the agency are available from only one responsible source and no other type of supplies or services will satisfy agency requirements.

41 USC )(2) - Unusual & compelling urgency The agency's need for the supplies or services is of such an unusual and compelling urgency that the government would be seriously injured unless the agency is permitted to limit the number of sources from which it solicits bids or proposals. (NOTE: This authority will not be approved if it is determined that the urgency is due to a lack of advance planning by the requiring activity. Solicitation from as many potential sources as is practicable under the circumstances is required.)

41 USC ( )(3) - Industrial mobilization; engineering, developmental, or research capability; or expert services

41 USC )(4) - International agreement The terms of an international agreement or a treaty between the United States and a foreign government or international organization, or the written directions of a foreign government reimbursing the agency for the cost of the acquisition of the supplies or services for such government, have the effect of requiring the use of procedures other then competitive procedures.

41 USC ( )(5) - Authorized or required by statute A statute expressly authorizes or requires that the acquisition be made through another agency or from a specified source, or the agency's need is for a brand-name commercial item for authorized resale.

41 USC ( )(6) - National security The disclosure of the agency's needs would compromise the national security unless the agency is permitted to limit the number of sources from which it solicits bids or proposals.

41 USC )(7) - Public interest The agency head (Secretary of Commerce) determines that it is not in the public interest to use full and open competition in the particular acquisition concerned, and notifies Congress in writing of such determination not less than 30 days before award of the contract.

Grasshopper

Purchase of two (2) Grasshopper mowers 325D/725DT

NB194000-24-02920 redacted

FMD-B OAAM/AMD

John Bloms, Grounds Supervisor, FMD-B (303) 497-6090 07/31/2024

41 U.S.C. 3304(e)-Brand Name

JOHN BLOMS Digitally signed by JOHN BLOMS Date: 2024.07.31 13:44:55 -06'00'

APPROVAL REQUIREMENTS

Phone No. Date ting - Not exceeding $ 0,000:

Title Phone No. Date

Advocate - Over $ ,000 but not exceeding $ million:

Title gnature Phone No. Date

- Over $ million:

Title Signature Date

NOTE: Use the total cost estimate specified on the front of this document in determining the necessary approvals. Each review must be preceded by lower level approval(s), e.g., over $ million all approvals are required.

Travis Zoellner (303) 497-5535 08/13/2024

Authority:

The National Institute of Standards and Technology (NIST) Boulder Campus grounds crew requires two new Grasshopper brand name mowers, one 325D model and one 725DT model. Grasshopper is the only brand of mower the grounds crew utilizes for their mower fleet. The mowers will be purchased as a brand name only under the authority 41 U.S.C. 3304(e) Brand Name acquisition; this statute is being implemented using simplified acquisition procedures under the authority of 41 U.S.C. 1901 for commercial products or services.

Description of requirement Purchase one (1) Grasshopper 325D model and one (1) Grasshopper 725DT model. The order must be inclusive of delivery and standard warranty.

The approximate cost for this requirement is $redacted.

Why it is a brand name or sole source?

This requirement is needed to replace aging Grasshopper units that are beyond their usability lifespan. NIST Boulder currently has three Grasshoppers in use. By purchasing a Grasshopper brand, NIST will reduce operator training time since the operators are already familiar with Grasshopper units. Purchasing Grasshopper name-brand products will reduce maintenance costs by bulk purchasing common maintenance items, fluids, filters, tires, and additional wear parts.

Market Research:

In July and August 2024, NIST researched both the Open Market and Priority Sources. No priority sources were available that could provide a solution for this requirement or adequate competition. GSA Advantage only had one vendor who could provide both Grasshopper units. A Sources Sought Notice, NIST-AMD-SS24-0099 was posted on SAM.gov on 08/06/24 with a closing date of 08/09/24, and four capable small businesses responded to the notice.

TRAVIS

ZOELLNER

Digitally signed by TRAVIS

ZOELLNER

Date: 2024.08.13 07:24:51 -06'00'