JA for Other than Full and Open Competition-MDVL132046 Brand Name or Equal (2).pdf

DEPARTMENT OF THE AIR FORCE

MISSISSIPPI AIR NATIONAL GUARD

HEADQUARTERS, 186TH AIR REFUELING WING (AMC)

MERIDIAN, MISSISSIPPI

15 June 2022

Justification and Approval for Other Than Full and Open Competition

1. Contracting Activity: 186th ARW/MSC

2. Description of the Action: This is an action to award a firm fixed price (FFP) contract to provide infrastructure repairs. Type of funds: SRM.

3. Description of the supplies and services: This is a requirement for roof repair by replacement. In development of plans and specifications, the architects/engineers typically provide a brand name as a “basis of design” with typical language to allow the vendors to substitute or provide suitable equivalent alternatives. For this particular project, the roofing membrane manufacturers are named simply to reference quality, warranty, and performance.

These requirements are similarly offered in other manufacturer products. Reference to and use of “brand name or equal” product descriptions in construction plans and specifications is industry standard. These generally describe standard commercially available products with similar alternatives in the commercial market. Use of “brand name or equal” in product descriptions is a highly effective way for the engineer to clearly communicate a minimum level of quality, performance characteristics, and to provide the vendor a point of reference for understanding the Government’s requirements.

4. Authority Cited: DFARS 206.302-1(c)(2); Only one responsible source and no other supplies or services will satisfy agency requirements.

5. Reason for Authority Cited: For facility construction, repairs, and renovation, providing “brand name or equal” requirements effectively and efficiently communicates the Government’s requirements to vendors. Removing brand names entirely would be an injustice to both customer and supplier, and would place undue burden on both.

Competition is not limited, but is actually increased by allowing both parties clear understanding of technical requirements thereby improving and expediting ease of comparison with market alternatives.

6. Efforts to Obtain Competition: A Sources Sought Notice was posted on SAM.gov from 28 Jul 2022 - 04 Aug 2022. No responses were received.

7. Actions to Increase Competition: N/A

8. Market Research: Researched through conversations with architects, engineers, general contractors, and vendors. General contractors and vendors affirmed that “brand name or equal” requirements provide a clear frame of reference in communicating the Government’s needs. Additionally, the brand name allows the vendors to quickly determine alternative brand suitability and thereby increases competition.

9. Interested Sources: None

10. Other Facts: N/A

11. Technical Certification:

“I certify that the supporting data under my cognizance which are included in this J&A are accurate and complete to the best of my knowledge and belief.”

Name: JOHN P. GARRETT, MAJ Date: __15 June 2022__________ Title: DEPUTY BASE CIVIL ENGINEER, 186 CES/CEN

Signature:________________________________

GARRETT.JOHN.PHI

LLIP.II.1410706225

Digitally signed by

GARRETT.JOHN.PHILLIP.II.141070

Date: 2022.06.15 16:49:36 -05'00'

12. Fair and Reasonable Cost Determination:

“I hereby determine the anticipated cost to the Government for this contract action will be fair and reasonable based upon comparison of previous contracts.”

Name: NED L. McCORMICK, MSgt, 186 ARW/MSC Date: ____________ Title: Contracting Officer Signature:________________________________

13. Contracting Officer Certification:

“I certify that this justification is accurate and complete to the best of my knowledge and belief”.

Name: NED L. McCORMICK, MSgt, 186 ARW/MSC Date: ____________ Title: Contracting Officer

Signature:________________________________

APPROVAL

Based on the foregoing justification, I hereby approve the procurement of brand name or equal equipment and sole source on an other than full and open competition basis pursuant to the authority of 10 U.S.C. 2304 (c)(1). Subject to the availability of funds, and provided the services and property herein described have otherwise been authorized for acquisition.

Date: ____________ Name: NED L. McCORMICK, MSgt, 186 ARW/ MSC Title: 186th ARW Contracting Officer

Signature: _______________________________