Brand Name JA FAR 13.5_FINAL.pdf

J&A No. MCINCR-RCO-20008

BRAND NAME JUSTIFICATION FOR SIMPLIFIED ACQUISITION UNDER SIMPLIFIED

PROCEDURES FOR CERTAIN COMMERCIAL ITEMS (FAR 13.5)

1. Contracting Activity.

Marine Corps Installations National Capital Region (MCINCR) Regional Contracting Office (RCO) Quantico, VA

2. Description of the Action Being Approved.

This Justification and Approval (J&A) authorized and approve the inclusion of a brand name restriction in RFQ M00264-20-Q-0259 and its subsequent firm-fixed price contract award for the purchase of 3M Scott self-contained breathing apparatus (SCBA) and corresponding assemblies and adaptors.

3. Description of the Supplies/Services.

Marine Corps Base Quantico Fire and Emergency Services has a requirement to purchase 3M Scott Safety Air-Pack X3 Pro and corresponding adapters and assemblies to outfit all personnel with their personal regulator. Required delivery date for this requirement is no later than thirty (30) days after date of award. The estimated dollar value of this requirement is $474,000 and will be funded with Fiscal Year (FY) 2020, Operations and Maintenance (O&M) funds. The following are those requirements:

Part Number Item Description Quantity 31003989 QD, Male, Checked, UEBSS 5 31003990 QD, Female, Checked, UEBSS 5 31003994 Dust Cap, 2 Port, UEBSS 5 31004304 Pack Preformed - .078W X

.468ID

31004311 Adapter, Airline, UEBSS 10 FP1LK0000000000 Vision C5, Large, Kevlar

Headnet

FP1MK0000000000 Vision C5, Medium, Kevlar Headnet

FP1SKK000000000 Vision C5, Small, Kevlar Headnet

X8814026301303 3M Scott Air-Pak X3 Pro 15 X8814026305303 3M Scott Air-Pak X3 Pro 40 201650-05 E-Z Flo C5, Quick Connect

Hose, Rectus

805622-01 Twin Quarter Turn Adaptor Assy

XP-1008-4113-7 AV-632 Bayonet Adapter 5/Box

4. Statutory Authority Permitting Other Than Full and Open Competition.

The statutory authority permitting this brand name acquisition is 41 U.S.C.1901, as implemented by the Federal Acquisition Regulation (FAR) 13.501(a).

5. Rationale Justifying Use of Cited Statutory Authority.

Marine Corps Base Quantico Fire and Emergency Services currently utilize SCOTT Safety AP-75, 2013 edition Air-Packs for their SCBA. These SCBAs are reaching their end of service life.

The new Scott Air-Pak X3 Pro will replace the AP 75’s and better serve the fire department while operating in an Immediate Danger to Life and Health (IDLH) environment.

Marine Corps Base Quantico Fire and Emergency Services are currently certified and trained to maintain SCOTT products for their respiratory protection program. Marine Corps Base Quantico Fire and Emergency Services are only certified to train and maintain one device configuration.

This configuration allows the ability to maintain continuity for mutual aid with partners for fire support services (Federal, State, and Local). Introducing an alternate device configuration (more than one configuration to the existing) would cause duplication of cost of equipment and duplication of cost for new training and maintenance. Introducing alternative products poses a significant liability on the U.S. Government and mutual aid partners significantly increasing the risk to life and limb during training and life-threatening emergencies.

6. Description of Efforts Made to Solicit Offers from as Many Offerors as Practicable.

3M Scott Fire & Safety has multiple small business distributors capable of meeting this requirement. However, this requirement is restricted to 3M Scott Fire & Safety brand products, and as such, the non-manufacturing rule applies; there are no class waivers or exemptions in accordance with FAR 19.505(c). As a result, it is anticipated that the 3M Scotts Safety Air-Pak X3 Pro and corresponding assemblies and adaptors will be solicited unrestricted via the open market, utilizing FAR Subpart 13.5 procedures.

7. Determination of Fair and Reasonable Cost.

The Contracting Officer has determined that the anticipated cost to the Government of the supplies/services covered by this J&A will be fair and reasonable.

The fair and reasonableness of the cost/price will be determined using the following methods:

1. Competitive quotes received in response to the solicitation

2. Review of historical prices paid that were determined fair and reasonable.

3. Review of GSA catalog pricing.

4. Review of 3M Scott Fire & Safety published price lists

5. Any other methods deemed appropriate by the Contracting Officer.

8. Actions to Remove Barriers to Future Competition.

For the reasons set forth in Paragraph 5, the activity has no plans at this time to eliminate the use of brand name restriction from future solicitations for the types of supplies/services covered by this document; however, this will be reassessed during follow-on acquisition planning.

CERTIFICATIONS AND APPROVAL

TECHNICAL/REQUIREMENTS CERTIFICATION

I certify that the facts and representations under my cognizance which are included in this Justification and its supporting acquisition planning documents, except as noted herein are complete and accurate to the best of my knowledge and belief.

TECHNICAL COGNIZANCE:

NAME: Ulysses C. Taormina DATE:______________________________

TITLE: MCBQ Fire Chief SIGNATURE:________________________

LEGAL SUFFIECIENCY REVIEW

I have determined that this Justification is legally sufficient.

NAME: Michael C. Evans DATE:______________________________

TITLE: Legal Counsel SIGNATURE:________________________

CONTRACTING OFFICER CERTIFICATION

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

NAME: Daniel Baker DATE:_______________________________

TITLE: Contracing Officer, MCI-NCR SIGNATURE:_________________________

9/11/2020

9/11/2020

9/11/2020

DICKEY.KEVIN

.D.1259458044

Digitally signed by

DICKEY.KEVIN.D.1259458044

Date: 2020.09.11 15:14:15 -04'00'

EVANS.MICHAEL.C

HRISTOPHER.1143

491273

Digitally signed by

EVANS.MICHAEL.CHRISTOPHE

R.1143491273 Date: 2020.09.11 13:27:19 -04'00'

Signed For