ID01190006026 BNJ Redacted.docx

Brand Name Limited Source Justification

ID01190006026

ID0119006026

Program Management Office (PMO) Maritime, Alpine, Recce System (MARS)

BRAND NAME LIMITED SOURCE JUSTIFICATION

FOR FEDERAL SUPPLY SCHEDULE PROGRAM

Upon the basis of the following justification, prepared in accordance with Federal Acquisition Regulation (FAR) 8.405-6(c) the use of sources limited to fewer than those required in FAR 8.405-1, FAR 8.405-2, and FAR 8.405-3 pursuant to the authority of 41 U.S.C. 251 as implemented by FAR 8.405-6(b): Items peculiar to one manufacturer. This acquisition is conducted under the authority of the Multiple-Award Schedule Program (41 U.S.C. 251, et seq. and 40 U.S.C. 501).

1. Identification of the agency and the contracting activity.

Contracting Activity: General Services Administration (GSA) Federal Acquisition Service (FAS) - Region 1

Client: U.S. Army Program Management Office for Special Operations Forces, Survival, Support and Equipment Services (PM SOF-SSES)

The GSA FAS supports the PM SOF-SSES to fulfill a variety of brand name only equipment requirements. The entire list of brand name equipment (attachment 1) was solicited competitively via GSA eBUY RFQ ID: RFQ1350369 and resulted in the following eight (8) FAS BPA awards:

The BPA’s provide PM SOF-SSES with the ability to procure equipment that may enhance the survivability, readiness, and mobility of the individual operator. It was determined at the BPA level the brand name limited source justification would be completed at the order level to specify the exact quantity of each brand name equipment ordered and the entire brand name equipment list ensures the equipment being order is on the master list.

2. Nature and/or description of the action being approved.

This justification is in accordance with FAR 8.406(b) and necessary to fulfill a requirement of the PMSOF-SSES for the Program Management Office (PMO) Maritime, Alpine, Recce System (MARS).The United States Special Forces require highly specialized equipment to perform their missions and require specific brand name equipment for SOF missions, as stated in the BPA’s awarded. SOF testing and operational use has demonstrated that the brand name items referenced in paragraph 3 of this justification are the only ones that can meet the associated requirements of the Special Operator. The requiring agency maintains the test reports, Acquisition Decision Memoranda (ADMs), Program Executive Officer (PEO) directives and other various documents justifying the certain specific brand name items listed in attachment 1.

The brand name equipment list was provided in the MAS FAS BPA RFQ and all awarded BPA holders are aware of the brand name requirement for each BPA order request for quote and resulting award.

The specified Maritime, Alpine, Recce System (MARS) products required under this order are known to perform under the stresses caused by the full spectrum of special operations, and under a wide range of climactic conditions. Such operations routinely include activities such as reconnaissance, patrol, airdrop, search and rescue, and combat. As such, special operators require “tried and true” equipment, known to function and endure under the toughest circumstances. Substitution of untested or unproven items is not acceptable. Additionally, only those items comprising the MARS and 3 season listed products are authorized for use by Special Operations Forces. Operational testing and use of the MARS items are capable of meeting the requirements of Special Operations Forces. Accordingly, this requirement warrants a brand-name specification. These items have become a program of record.

Market research of sources for this requirement, as well as operational testing and use, indicate these items are capable of meeting the requirements for this order.

As found in the BPA awards, Lost Arrow is the only authorized brand name manufacturer for military grade MARS products and passes the required testing for all protective products of the Special Forces.

3. A complete description of the supplies and/or services required to meet the agency’s needs.

This Justification is in accordance with the awarded BPA languages and approves the brand-name acquisition of the items listed in the table below with the item description, part number, brand name and quantity. The estimated value of the order is $180,000.00. This value is in line with the BPA awarded pricing for each item and falls within the required delivery date.

4. An identification of the LSJ brand name rationale, and demonstration of the contractor’s unique qualifications to provide the required supply.

This justification and the resulting order referenced in Paragraph 3 above are made under FAR 8.405-6(b)(1). The United States Special Forces units are composed of the nation’s elite war fighters, specializing in counter-terrorism, direct action, foreign internal defense, special reconnaissance, and unconventional warfare. Located in Natick, Massachusetts, the U.S. Army Soldier Systems Center is responsible for research, development, and management of technologies and equipment used by Special Forces and other soldiers during their missions. These technologies and equipment include food, clothing, shelter, airdrop systems, as well as Soldier support systems.

As previously stated the Lost Arrow MARS equipment shown in the table above to support USSOCOM missions is highly specialized and validated for use by SOC and the equipment has undergone the stringent testing required by USSOCOM and are the only items that can meet the operator’s requirements for this order. This information was provided in the BPA solicitations and awards stating only the brand name equipment in attachment 1 would be suitable for any resulting order. Upon award of the BPAs Lost Arrow-Patagonia was the only suitable vendor for the Lost Arrow products included in the BPA solicitation as no other vendor was capable of bidding on the Lost Arrow products.

5. A determination by the ordering activity Contracting Officer that the order represents the best value consistent with FAR 8.404(d) and FAR 8.405-2(d).

By competitively soliciting an RFQ off the MAS FAS BPA using the competitive procedures in 8.405, the ordering activity has concluded that the order will represent the best value (as defined in FAR 2.101) and will result in the lowest overall cost alternative (considering price, special features, administrative costs, etc.) to meet the Government’s needs. An RFQ will be issued to Lost Arrow and additional discounts will be requested off its BPA pricing. The pricing per equipment will be reviewed against the GSA Contract pricing and current commercial item pricing to ensure pricing is in line with the current market price or lower.

6. A description of the market research conducted among schedule holders, and the results of the research, or a statement why market research was not conducted. A statement must be made that the supplies and services are available from the FSS.

At the BPA level market research was conducted by looking across existing GSA acquisition vehicles before establishing new contracts for similar products or services. Market research was conducted by first considering the mandatory sources listed in FAR 8.002 and 8.003, none of which apply. Non mandatory sources listed in FAR 8.0004 were next considered. GSA Administrator, Dan Tangherlini's memo dated 10/11/2012 states that Effective October 1, 2012, GSA employees are required to use existing GSA acquisition vehicles before establishing new contracts for similar products or services. Contract vehicles include the Federal Strategic Sourcing Initiative (FSSI), the Multiple Award Schedules (MAS), Government-wide Acquisition Contracts (GWACs) and other multiple agency solutions. The requirement applies to all contracts exceeding the Simplified Acquisition Threshold. In accordance with this memo the GSA contract team reviewed GWACS, some of which were Oasis (all Pools) and Alliant, the requirement did not fit under these GWACs. The project team reviewed and determined the Federal Supply Schedule would be best suited.

There was a robust industry capability to satisfy the requirement and allow for an effective competition at the order level. Many of which will be small business, however not all vendors can cover the breath of equipment categories required. Therefore a BPA with a combination of awards to both small and large business would be required to provide equipment in all required equipment categories.

There is sufficient competition among MAS FAS BPA holders so that the resulting delivery order is in full compliance with FAR 8.405-(3)(2) which states that at least 3 sources will be viable competitors for each order. Under these particular circumstances, where there are multiple equipment categories and no small business concern is able to compete in all areas, it is not possible to establish a more than adequate number of BPAs to cover the breadth and depth of expected orders where by at least three small business sources would be viable competitors for each resultant order.

Therefore a set aside is not possible at this order level and the proposed approach is to compete this requirement giving fair opportunity to all BPA holders.

Market research has determined that the DoD’s requirement can be fulfilled by a commercial service solution. Per the definition established in FAR 2.101 for “Commercial Supplies and Services,” the required equipment/services are of a type customarily used by the general public. The equipment/services have been sold and leased to the general public, and are sold and leased competitively in the commercial marketplace.

This is a brand name specific equipment requirement and this RFQ will only be issued to Long Arrow-Patagonia. This was the only interested vendor with the brand name requirements, holds a current GSA contract and has been awarded an FAS BPA. This RFQ will be solicited directly to Long Arrow-Patagonia for additional discounts off the FAS BPA.

7. Any other facts supporting the limited source justification.

All facts supporting the justification are provided above.

8. A statement of the actions, if any, the agency will take to remove or overcome any barriers that led to restricted consideration before any subsequent acquisition for supplies and services is made.

Special Operations Forces requires highly specialized brand name items. The client agency for this order, PM SOF-SSES acquires only those specific items that are validated for use by Special Operations Command. However, PM SOF-SSES performs research and development and continually monitors the market, subjecting new potential technical solutions to the rigorous testing required to validate new items, as well as to invalidate obsolete products and prevent their further use. Additionally, each of the nine (9) contractors participating in the Special Forces BPA has been tasked under the terms of the BPA to propose technical refreshments and replacements for validation as new items emerge and add to their Schedule contract.

9. The ordering activity Contracting Officer’s certification that the justification is accurate and complete to the best of the Contracting Officer’s knowledge and belief and evidence that the supporting data that form a basis for the justification have been certified as complete and accurate by technical/program personnel.

Certification

Program Senior Official (or designee):

I certify that the facts and representations under my cognizance, which are included in this justification and which form a basis for this justification, are complete and accurate.

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