Brand Name with ATTACHMENT B_Redacted.pdf

BRAND NAME JUSTIFICATION FOR EXCEPTION TO FAIR OPPORTUNITY

FOR REQUIREMENTS EXCEEDING THE SIMPLIFIED ACQUISITION THRESHOLD

Revised 2/25/2019 1

Any order exceeding the simplified acquisition threshold placed against a multiple award contract, including any

Governmentwide acquisition contract (GWAC) that does not provide for fair opportunity (see FAR 16.505(b)(1)) must be justified in accordance with FAR 16.505(b)(2)(ii). For acquisitions exceeding the simplified acquisition threshold, this template may be used for this purpose. Note that no justification is needed when fair opportunity will be restricted based on small business set-aside.

1. Identification of the agency and the contracting activity, and specific identification of the document as a "Brand Name Justification for Exception to Fair Opportunity for Requirements Exceeding the Simplified Acquisition Threshold".

Contracting Activity Processing the Requirement: Office Of Acquisition and Relocation Management

Name of Organization Originating the Requirement: Office of Forensic Sciences (SS)

Identification Number (purchase request/solicitation number): D-21-SS-0073

2. The nature and/or description of the action being approved (e.g., new award, modification, follow-on to previous procurement, et.al.).

New Award - Blanket Purchase Agreement.

3. A description of the supplies or services required to meet the agency's needs and estimated value.

Personal Protective Equipment (PPE) and supplies routinely utilized by DEA personnel when responding to Clandestine Labs and other Illicit Hazardous Environments.

Total estimated value inclusive of all options:

Period of performance or final delivery date: 06/11/2021 thru 06/10/2026

4. Identification of the exception to fair opportunity (see 16.505(b)(2)) and the supporting rationale. For brand name justifications, the exception is based on FAR 16.505(b)(2)(i)(B) – “Only one awardee is capable of providing the supplies or services required at the level of quality required because the supplies or services ordered are unique or highly specialized.”

The items of this BPA that are specifically identified in Attachment B of this document are brand name items that are currently utilized by DEA personnel when responding to clandestine labs and other types of illicit hazardous enviroments. These times have been previously evaluated and utilized in training and in the Field.

Additionally the items have been compared, tested and evaluated against similar items and brands. The DEA Safety Officer for the Clandestine Laboratory/Illicit Hazardous Environment program in conjunction with DEA Office of Training’s Clandestine Laboratory certification program and the Office of Forensic Sciences Enviornmental Management Section has assessed the clandestine laboratory/illicit hazardous environment and determined the Personal Protective Equipment (PPE) identified in Attachment B is required to maintain worker protection in accordance with the 29 CFR 1910.132(d)(1). The safety of all law enforcement personnel operating in a clandestine laboratory incident or a illicit hazardous emergency response is paramount. For this reason, all PPE utilized must be approved by the DEA Safety Officer for the DEA Clandestine Laboratory/Illicit Hazardous Environment program in accordance with 29 CFR 1910.120(g)(3)(i) and 1910.120(g)(3)(ii). Due to the nature of the high hazard environment of an illegal clandestine drug laboratory and in conjunction with the DEA Office of Training’s Clandestine Laboratory certification program and the Office of Forensic Sciences’ Authorized Central Storage container program, the product name and vendor specific PPE/equipment in Attachment B has been previously approved for use and is currently in use under the authority of the DEA Safety Officer for the DEA Clandestine Laboratory/Illicit Hazardous Environment program and in accordance with 29 CFR 1910.120(g)(3)(i) and 1910.120(g)(3)(ii).

Revised 2/25/2019 2

5. A determination by the contracting officer that the anticipated cost to the Government will be fair and reasonable.

The Contracting Officer hereby determines that the proposed requirement represents the best value to the government.

6. Any other facts supporting the justification.

The items of this BPA that are specifically identified in Attachment B of this document are brand name items that the end user will have received previous training on utilzing. In part, the training consists of educating they end user on a particular threat or risk (environmental, chemical, respiratory, fire, etc.) that they may encounter in a clandestine lab or other illicit hazardous environment and how to utilize the PPE as prevention and mitigation against that particular threat or risk. Additionally, the items in Attachment B in many cases are compatible with other PPE items listed on Attachment A and/or are currently utilized in the Field by DEA personnel.

7. A statement of the actions, if any, the agency may take to remove or overcome any barriers that led to the exception to fair opportunity before any subsequent acquisition for the supplies or services is made.

The government will continue market research efforts to identify best value products that meet the needs and safety requirements of the end user.

C O N T I N U E D O N N E X T P A G E

Revised 2/25/2019 3

Certifications

“I hereby certify that the description of the requirement meets the Government’s minimum needs and that the technical data and supporting information, which form the basis for this Brand Name Justification for Exception to Fair Opportunity, are accurate and complete to the best of my knowledge and belief".”

Limited Sources ‐ PPE Safety Supply Listing ATTACHMENT B

0168‐0170 MSA G1 Nosecup

0171 MSA G1 Harness, 4 Pt Adjustable, Kevlar

0172 MSA Cartridges, ADV, L‐Profile, 2/PKG, P100

0173 MSA G1 Industrial SCBA (Without Telemetry)

0174 MSA G1 No PASS SCBA (With Telemetry)

0175 MSA G1 SCBA Cylinder

0176‐0181 Massif Cool Knit FR Long Sleeve T‐Shirt, Mens, 499 Tan

0182‐0187 Massif Cool Knit FR Long Sleeve T‐Shirt, Womens Fit, 499 Tan

0188‐0193 Massif HotJohns FR Crew, Mens, 499 Tan

0194‐0199 Massif HotJohns FR Crew, Womens Fit, 499 Tan

0200‐0205 Massif Advanced 1/4 Zip Combat Shirt, Sage Green

0206‐0220 DRIFIRE FORTREX FR 2‐PIECE FLIGHT SUIT JACKET (NAVAIR)

0221‐0235 DRIFIRE FORTREX TWO‐PIECE WOMEN'S FLIGHT SUIT JACKET (NAVAIR)

0236‐0241 Massif Cool Knit FR Bottoms, Mens, 499 Tan

0242‐0247 Massif Cool Knit FR Bottoms, Womens Fit, 499 Tan

0248‐0253 Massif HotJohns FR Bottom, Mens,499 Tan

0254‐0260 Massif HotJohns FR Bottom, Womens Fit, 499 Tan

0261‐0277 Massif Hellman Combat Pant w/ Knee Pad, Sage Green

0278‐0295 DRIFIRE FORTREX FR 2‐PIECE FLIGHT SUIT PANT (NAVAIR)

0296‐0313 DRIFIRE FORTREX TWO‐PIECE WOMEN'S FLIGHT SUIT PANT (NAVAIR)

0314‐0328 DRIFIRE FORTREX FR 2‐PIECE FLIGHT SUIT (NAVAIR)

0332‐0348 Salomon ‐ QUEST 4D GTX FORCES ‐ Color: Black

0349‐0365 Salomon ‐ QUEST 4D GTX FORCES ‐ Color: Ranger Green

0366‐0382 Salomon ‐ QUEST 4D GTX FORCES ‐ Color: Slate Black

0383‐0384 Kappler Z3H456TN‐92

0398 MSA G1 SCBA: A‐G1FS‐4‐4‐10‐M‐A‐1‐Q‐0‐L‐L‐R

0399 MSA G1 SCBA ADAPTER. QUICK CONNECT, 4500/5500

0400 MSA G1 SCBA KIT, RETAINER, CYL VALVE, TYPE 5

0401 MSA G1 SCBA 60 Minute Lite Weight Cylinder ASSY, G1. RC. 4500 PSIG, 60MIN,PKG

0402 MSA G1 SCBA BASE STATION KIT, W/ MAGNETIC ANTENNA

0403 MSA G1 SCBA Kit, RFID Reader/writer, G1

0404 MSA G1 SCBA KIT, CHARGING STATION, G1

0405 MSA G1 SCBA Battery Pack, Rechargeable

0406‐0411 Multigas Detector, ALTAIR 4XR,Assemble to Order: (various configurations)

0412 GALAXY® GX2 Automated Test System with Optional Zebra Printer Part: 10127808

0413 SD MEMORY CARD Part: 10127111

0414 Galaxy® Automated Test System Assemble‐to‐Order (ATO) Option: A‐GX2‐C‐4‐1‐4‐D‐N‐1‐A‐0

0415 Galaxy GX2 , Altair 4/4X , CHRG , 4VALVE , Part: 10128629

0416 GAS, 34L,1.45%CH4,15%O2,60PPM CO,20PPMH

0417 GAS, 34L, SIR MIX, 100 PPM ISOBUTYLENE

0418 Roll , Label Stock, Calibration Sticker, GX

Limited Sources ‐ PPE Safety Supply Listing ATTACHMENT B

0419 RIBBON,ZEBRA PRINTER GX430T

0420 GALAXY GX2 SYSTEM TEST STAND Model 10128629

0421 CALIBRATION GAS CYLINDER (54L) 1.45% CH4, 15% O2, 60 PPM CO, 20 PPM H2S Part: 10045035

0422 CALIBRATION GAS CYLINDER GAS,58L, 1.45%CH4, 1502,60C0,20H2S,2.5C02