FB480052540135_Brand_Name_NSN_Justification.pdf

General Services Administration (GSA) Facilities and Hardware Supply Chain Management Contracting Division (SCM)

General Supplies and Services (GSS) Justification for Other Than Full and Open Competition

Subpart 8.4 - Ordering under the Federal Supply Schedule (GSA Class Deviation RFO- 2025-8)

Brand Name National Stock Number (NSNs) Not Exceeding the Simplified Acquisition Threshold (SAT)

NSN specific justification in accordance with documentation requirements at 538.7104-3(a)

Applicable Requisition Number based on current orders: FB480052540135

Identification of the Contracting Activity responsible for the acquisition.

The contracting activity is the General Services Administration, Facilities and Hardware Supply Chain Management Contracting Division (SCM), General Supplies and Services (GSS) Federal Acquisition Service, at 2300 Main Street, Kansas City, MO 64108 in support of the Requiring Agency:

The United States Department of the Air Force

Nature and/or description of the action being approved.

This is a brand name requirement for a quantity of 141 boxes of NSN 5133016411062, Performance Plastics part number GFRB-T5030-SF-162. This action is for the approval of a brand name restricted procurement for Sealant Removal Bit.

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

Quantity 141 boxes Sealant Removal Bit, NSN 6840015172166, 5133016411062, Performance Plastics part number GFRB-T5030-SF-162 with an estimated value of $25,577.40.

An identification of the statutory authority permitting other than full and open competition.

In accordance with 538.7104-3(a) Sole Source Justifications

A demonstration that the proposed contractor’s unique qualifications or the nature of the acquisition requires use of the authority cited.

While GSA holds the responsibility of NSN creation and management for its designated 67 Federal Supply Classes, the requiring activity determines and justifies its items of supply in terms of technical considerations and logistics responsibilities per Department of Defense (DOD) Manual 4100.39 Section 3.2(a)3(a) (see Attachment 3: DOD Manual 4100.39)1. In conjunction with the DOD, the requiring activity determines which items will be cataloged for use by federal agencies. DOD Manual 4100.39 outlines the procedures used for the Federal Logistics Information System (FLIS) which is a federal cataloging system used by DOD as well as agencies that participate with DOD components. This manual is used to determine item specifications including, but not limited to; identification, procedures, stock numbering criteria, NSNs, technical requirements, and agency responsibilities. It is in accordance with these procedures, that requiring activities first determine the brand name specificity of the required items at the outset (at the point of NSN creation).

1 Attachment 3: DOD Manual 4100.39 as published https://www.esd.whs.mil/Portals/54/Documents/DD/issuances/dodm/410039m.pdf?ver=2019-06-04- 090814-687 . Accessed 11/26/25

Docusign Envelope ID: 10EC549F-C75E-44A4-A1F0-95647904C00B https://www.esd.whs.mil/Portals/54/Documents/DD/issuances/dodm/410039m.pdf?ver=2019-06-04-090814-687 https://www.esd.whs.mil/Portals/54/Documents/DD/issuances/dodm/410039m.pdf?ver=2019-06-04-090814-687 https://www.esd.whs.mil/Portals/54/Documents/DD/issuances/dodm/410039m.pdf?ver=2019-06-04-090814-687

Section 3.2 (a.)(2)(a)(c) states that DOD components will appropriately identify an item of supply as a single item of production and/or an item with more stringent characteristics (a selection of closer tolerance, specific characteristics, finer quality) than the normal item of production, so that in some particular uses only the more stringent version of the item may be usable but in other uses the normal or the more stringent version may be used interchangeably. Oftentimes this entails that a required item is associated with a particular brand or item peculiar to a single manufacturer.

In addition to the guidance from DODM 4100.39 summarized above, the following rationale is presented in support of the action:

● Market research and/or field testing for the NSNs was conducted by technical or engineering directorates within the given requiring activity at or before the request for creation of an NSN.

● The documentation provided by the requiring activity to GSA established from the NSN’s point of creation that only certain brand names had been found by the requiring activity to meet their particular needs, as demonstrated by their market research and/or field or lab testing conducted to support their particular application(s) of the items

● The items required for the end user’s need have been deemed as peculiar to one or more manufacturers

● Changing the item to a different make or model would result in inferior performance and/or incompatibility with existing systems or tools and would compromise the agency personnel’s ability to fulfill their mission

● Industry did not provide alternatives (see Section 6 below detailing ongoing efforts made to obtain this information from industry)

Other facts supporting the use of other than full and open competition:

GAO has historically denied protests in which the Integrated Materiel Manager and subsequent Contracting activity have procured Brand Name Only NSNs on behalf of customers, citing that the Brand Name and/or Sole Source determination is the responsibility of the requiring activity and any change to Brand Name/Sole Source designation is also the determination of the requiring activity. See GAO Protest Decisions: Acme Products and Engineering, Inc. B-419495, CM Manufacturing, Inc. B-420471, Chase Defense Partners B-421411.

Furthermore, DODI 4140.69 2.3(b) states that the requiring activity is to: ensure NSNs are properly coded in accordance with Volume 10 of DOD 4100.39-M and Volume 2 of DOD Manual 4140.01. This directive, in essence, establishes that Brand Name determinations are made prior to NSN creation. In other words, the determination and justification remains the primary responsibility of the requiring activity, which they undertake with field testing, compatibility considerations, and specific applications for their operations.

The Contracting Officer certifies that this Justification for Other Than Full and Open Competition is accurate and complete to the best of the Contracting Officer’s knowledge and belief.

Cara J. Fowler Date Contracting Officer

Docusign Envelope ID: 10EC549F-C75E-44A4-A1F0-95647904C00B

12/3/2025