JOFOC (Brand Name Justification for Cans)(Final)(May 31st).pdf

JOFOC No.:

Version 20220201

JUSTIFICATION FOR OTHER THAN FULL AND OPEN

COMPETITION (JOFOC) 1 – SIMPLIFIED PROCEDURES FOR

CERTAIN COMMERCIAL ITEMS

Brand Name Justification

JOFOC NUMBER2:

PROCUREMENT REQUEST (PR) NUMBER: DJA-23-ANCT-PR-0215

CO: Jim Huff James.Huff@atf.gov

COR/GTR3: Tammie J. Welch Tammie.Welch@atf.gov

DATE: 02/24/2023

This document serves as both the justification and approval for acquisitions conducted under the authorities for procurements using procedures for certain commercial items in accordance with Federal Acquisition Regulation (FAR) Part 13.5. FAR Part 13.5 authorizes the use of simplified procedures for the acquisition of supplies and services in amounts greater than the simplified acquisition threshold but not exceeding $7.5 million ($15M for declared contingency operations), including options, if the contracting officer reasonably expects, based on the nature of the supplies or services sought, and on market research, that offers will include only commercial products or commercial services.

1. Identification of the agency and contracting activity.

Requiring Agency:

Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) National Canine Division (NCD) 122 Cavalry Drive Front Royal, Virginia 22630 Technical POC: Tammie J. Welch Email: Tammie.Welch@atf.gov

1 This is also known as a Justification & Approval. It is the document required by the FAR that justifies and obtains approval for a sole-source contract.

2 This is entered at or after small business review, including the header.

3 COR – Contracting Officer’s Representative – services /GTR – Government Technical Representative – supplies/goods.

Version 20220201

Contracting/Ordering Activity:

The Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) Office of Management - Acquisitions 99 New York Avenue, NE Washington, DC 20226 Contract Specialist/Contracting Officer Name: Jim Huff Email: CS/CO’s email: James.Huff@atf.gov

2. The nature and/or description of the action being approved, i.e., sole source under procedures for certain commercial items in accordance with FAR 13.5.

This document authorizes and approves the use of Allied Cans Limited (ACL), located in Canada, and the Independent Can Company (ICC) located in Maryland. Allied Cans Limited, the manufacturer of unlined gallon and quart cans are currently the only cans laboratory tested that can be utilized in the ATF canine explosives and ignitable detection training programs. In the past six years, the ATF Forensic Science Laboratory chemists have tested numerous can samples from various sources and the “unlined” gallon and quart cans manufactured by ACL were the only samples that passed the ATF chemist criteria for canine training.

The brand name justification will only apply to Items One (1) and Forty-One (41) Gallon Cans 610 x 708, Two (2) and Forty-Two (42) Quart Cans 404 x 414 and Three (3) and Forty-Three (43) 2 oz Cans Tops and Bottoms within the solicitation, all other items will be meet or exceed generic specifications.

3. A description of the supplies and/or services required, including the delivery schedule and/or the period of performance (inclusive of all option periods), and the estimated dollar value of the acquisition.

This Canine Training Center has a need to purchase exact match of cans required for canine training manufactured by Allied Cans Limited Gallon and Quart Cans and Independent Can Company for 2 oz Cans Tops and Bottoms as a requirement for a contract that will provide for various types of canine supplies, supplies for trainers, handlers, and students. There is a continuing need for these cans projected for the next five years. The Allied unlined cans and the Independent Can Company are utilized solely in the training of ATF canines at the National Canine Division (NCD) and for ATF certified canines throughout the United States. Both companies’ products were evaluated by ATF Chemist of the ATF Forensic Science Laboratory and were determined to be the only cans that should be used for canine training due to chemicals used during production.

The NCD is requesting a contract with a base period of one year with four, renewable one-year option periods each. It is the Government’s intent to award a Single Firm Fixed Price Indefinite Delivery, Indefinite Quantity (IDIQ) contract based on Contract Line Items

(CLIN).

NCD has a requirement for a contract that will provide for various types of canine supplies, supplies for trainers, handlers, and students to include cans manufactured by ACL and ICC.

Version 20220201

This requirement is for the inclusion of cans in the contract that are commercially available from ALC and ICC. The products provide the chemical and construction specifications, dimension, quality, and performance required by ATF NCD and the ATF National Laboratory and in support of ATF's mission.

The unlined cans tested by ATF Forensic Science Laboratory, were deemed as the only cans that should be used specifically for canine training.

The ACL unlined products and ICC products both tested negative for the presence of ignitable liquids by the ATF Forensic Chemist by use of passive headspace concentration, gas chromatography and mass spectrometry. These products were determined to be the only cans acceptable for the training of canines.

The scientific methodology, and the training and testing protocols utilizing Allied and Independent products are certified by the ATF National Laboratory, and produce an extremely versatile, mobile, and accurate explosives and accelerant detection tool.

ATF began training Accelerant Detection Canines (ADC's) in 1986. These specialty canines are trained to detect a variety of ignitable liquids that could be used to initiate a fire. Allied Cans Limited and Independent Can Company have been scientifically approved and successfully utilized in training.

ATF’s Explosive Detection Canine Program (EDCP) uses a food and praise reward training methodology that exposes canines to five basic explosives groups, including chemical compounds used in an estimated 19,000 explosives formulas. It is believed by ATF that exposing canines to various explosives from the basic explosive families will give the dog the ability to detect the widest range of commercial or improvised explosives possible when working in the field. Successful detection of an explosive or firearm earn the canine a food and praise reward, which encourages repetition. Allied unlined cans and ICC products have both been used for this training with positive results.

4. Identify statutory authority permitting limiting sources.

This acquisition is conducted under the authority for simplified procedures for certain commercial items under FAR 13.5. The Bran Name Justification is prepared using format at FAR 6.303-2 but modified to reflect those procedures under FAR 13.5.

5. A demonstration of any brand name product’s unique attributes: An explanation of the unique attributes of the proposed brand name item(s) and why no other similar item will suffice.

The Allied unlined cans tested negative for the presence of ignitable liquids by the ATF Forensic Chemist by use of passive headspace concentration, gas chromatography and mass spectrometry.

These cans were determined to be the only cans used for the explosives and accelerant detection training of canines. The Allied and Independent cans were verified by the ATF Chemist that there were no interfering odors present in the cans to conflict with the olfactory of the canines in training.

Additionally, the Allied cans do not have the ‘ears’ for attaching a handle, which is a desirable point.

The ATF chemist tested a multitude of cans manufactured and distributed but none of the cans passed their criteria except the Allied unlined cans and the Independent 2 oz cans.

6. A description of efforts made to ensure offers/quotes are solicited from as many

Version 20220201 potential sources as is practicable, including whether a notice was or will be publicized as required by FAR 5.2 and, if not, which exception under 5.202 applies.

This is a competitive action, and the brand-name justification shall be posted in Systems Award Management (SAM).gov website as per FAR 5.2 – Synopses of Proposed Contract Actions. The brand name justification will only apply to Items One (1) and Forty-One (41) Gallon Cans 610 x 708, Two (2) and Forty-Two (42) Quart Cans 404 x 414 and Three (3) and Forty-Three (43) 2 oz Cans Tops and Bottoms within the solicitation, all other items will be meet or exceed generic specifications.

7. The anticipated dollar value of the proposed acquisition, including options if applicable, and a determination by the contracting officer that the anticipated cost to the government will be fair and reasonable. [Note: dollar amounts shall not exceed statutory limitations for use of the simplified procedures under FAR 13.5.]

In accordance with FAR 13.106-3(a)(2), the contracting Officer will post the requirement on the System Awards Management www.SAM.gov website to ensure competition is achieved.

8. A description of the market research conducted and the results or the reason market research was not conducted.

The Program Office conducted market research by purchasing and testing units from various manufacturers and distributors as well as conducting online searches to see if alternative equipment could meet the required specifications of the requirement. The only items that fulfill ATF requirement are the Allied Cans Limited unlined and Independent Can Company products. Both products have been evaluated by the ATF laboratory and deemed acceptable for us. Further testing would be cost prohibitive to the government.

A contractor may submit a can that is not an exact match to the cans required, the contractor must provide a sample of that can and proof from the manufacturer that the can is manufactured with no arsenic in the raw material. The contractor sample can, will then still be tested by ATF Chemist to ensure that the submitted can passes the required test.

Any other facts supporting the use of sole source.

a) Explanation of why technical data packages, specifications, engineering descriptions, statements of work or purchase descriptions suitable for full and open competition have not been developed or are not available:

These products were the only ones identified and tested as acceptable by the ATF Forensic Chemists. Canine training and testing must adhere to strict chemical and contamination protocols for training and investigations in the field.

b) If FAR 6.302-1 is cited for follow-on, state the estimate of cost to the Government that would be duplicated and how the estimate was derived. In addition, state the data, estimated cost, or other rationale as to the extent and nature of the harm to the Government.

N/A.

Version 20220201

c) If FAR 6.302-2 is cited, estimated cost or other rationale as to the extent and nature of harm to the Government.

N/A

9. A listing of the sources, if any, that expressed, in writing, an interest in the acquisition.

N/A

10. A statement of any actions the agency will take to remove or overcome any future barriers to competition.

Over the years a constant search for other product manufacturers of cans has been ongoing. The ATF chemist periodically check other manufacturer’s cans for contaminants. Frequently contaminant odors are commonly present in those cans from a production standpoint. This ultimately causes conflict with the olfactory sense of the canines in their intense training.

12. Certifications.

Co-Prepared by:

As the Contracting Officer’s Representative (COR) or Government’s Technical Representative (GTR), I certify the above information is accurate to the best of my knowledge and contains complete data/information necessary to support the recommendation and the basis for this justification.

Tammie Welch, Program Office Date Contracting Officer Representative

As the Contracts Specialist, I reviewed the information presented above by the program office, this information is complete and accurate to the best of my knowledge. I recommend to the Contracting Officer it is in the best interest of the US Government to pursue other than full and open competition for this requirement.

Jim Huff, Contracts Specialist Date Office of Management - Acquisitions

As the Contracting Officer and based on the information presented by the program office, the

T. J. Welch Digitally signed by T. J. Welch Date: 2023.03.13 14:30:33 -04'00'

JAMES HUFF Digitally signed by JAMES HUFF Date: 2023.03.13 15:00:13 -04'00'

Version 20220201 information is complete and accurate to the best of my knowledge, and it is in the best interest of the US Government to pursue other than full and open competition for this requirement.

Jim Huff, Contracting Officer Date Office of Management - Acquisitions

Reviewed by:

John Klar, Small Business Advisor Date Office of Management/Property, Acquisitions & Safety Division

Charles Strickland, Section Chief – Field Operation Team Date Office of Management/ Property, Acquisitions & Safety Division

Cheryl Hickman, Chief – Acting Acquisitions Operations Branch Date Office of Management/ Property, Acquisitions & Safety Division

Nathan Mires, Procurement and Contracts Attorney4 Date Office of Chief Counsel/Management Division

Approved by:

Jim Huff Date Contracting Officer5 Office of Management/Property, Acquisitions & Safety Division I have reviewed this justification and find it to be accurate and complete to the best of my knowledge and belief. Recommend approval at all levels exceeding $750K.

4 For all actions over $500K, OCC review is required.

5 CO is the final approval for all actions $750K and below.

JAMES HUFF Digitally signed by JAMES HUFF Date: 2023.03.13 15:00:46 -04'00'

JOHN KLAR Digitally signed by JOHN KLAR Date: 2023.03.13 15:09:50 -04'00'

CHARLES STRICKLAND Digitally signed by CHARLES STRICKLAND Date: 2023.03.13 15:41:28 -04'00'

CHERYL HICKMAN Digitally signed by CHERYL HICKMAN Date: 2023.03.20 16:30:48 -04'00'

NATHAN MIRES Digitally signed by NATHAN MIRES Date: 2023.03.27 10:54:12 -05'00'

JAMES HUFF Digitally signed by JAMES HUFF Date: 2023.03.27 13:38:47 -04'00'

Version 20220201

Kenneth Houser6 Date Bureau Procurement Chief

As the ATF Competition Advocate, I have reviewed this justification and find it to be accurate and complete to the best of my knowledge and belief. Since this JOFOC does not exceed $15M, this review serves as approval.

Franco Frandé7 Date Bureau’s Competition Advocate (CA) Assistant Director (AD)– Office of Management

6 For all actions over $750K, BPC review is required.

7 CA is the final approval for all actions above $750K but not exceeding the $7.5M threshold or $15M threshold for declared contingency operations.

KENNETH HOUSER Digitally signed by KENNETH HOUSER Date: 2023.03.27 17:23:31 -04'00'