Redacted_J_A_Redacted.pdf

United States Department of the Interior Office of the Assistant Secretary - Indian Affairs

Washington, DC 20240

JUSTIFICATION and APPROVAL

AUTHORITY: FAR 13.106-1(b)(1)(i)

PR/SOL/CONTRACT # 140A1623Q0094

Control #_________________

1. Identification of the agency and the contracting activity, and specific identification of the document as a “Brand Name Justification.”

Contracting Activity: This document is a brand name justification for other than full and open competition for the Department of the Interior, Bureau of Indian Affairs, Office of Trust

Services (OTS).

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

Requirement:

New Follow-on Requirement Modification to existing order

Pricing:

Firm-Fixed Price Time & Materials Other _____________

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

This requirement is for the redesign of the OTS 3rd floor office space to modify and add to existing Herman Miller brand systems furniture. The contractor will be hired to perform:

• Delivery of specified Herman Miller furniture and accessories;

• Installation and reconfiguration of Herman Miller furniture to include wall modification; and

• Overall design, project management and reconfiguration of the OTS 3rd floor office space to include placement of Jasper and Safco furniture which will be supplied from another vendor under a separate contract vehicle that was set-aside for Indian Small Business Economic Enterprises (ISBEEs).

Delivery and services are to be provided at Bureau of Indian Affairs, Office of Trust Services

(OTS), 1001 Indian School Rd NW, 3rd Floor, Albuquerque, NM 87104.

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

FAR 13.106-1(b)(1)(i)

23-0244

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

This requirement is brand name only as the requirement includes reconfiguration and enhancement of the existing systems furniture which is Herman Miller. Attempting to use another brand of system furniture increases the risk of non-compatibility and may lead to redundant charges to replace with Herman Miller brand furniture.

Herman Miller’s website states the following regarding warranty:

“Because Herman Miller can’t guarantee the condition or authenticity of the components used by unauthorized resellers, these products wouldn’t be covered by

Herman Miller’s warranty. Buying from an authorized Herman Miller reseller gives you two advantages. First is authenticity. If the product comes from an authorized reseller, you can be certain it’s the real thing. Second is warranty. Herman Miller and its authorized resellers stand behind every Herman Miller product and have the ability to make repairs, if needed.”

Goodman Interior Structures is the only certified Herman Miller dealer who is authorized to deliver, install and reconfigure that brand of furniture within 200 miles of the OTS 3rd floor office space per the Herman Miller website.

6. A description of efforts made to ensure that offers are solicited from as many potential sources as is practicable, including whether a notice was or will be publicized as required by Subpart 5.2 and, if not, which exception under 5.202 applies.

A notice will be publicized as required by Subpart 5.2.

7. A determination by the contracting officer that the anticipated cost to the Government will be fair and reasonable.

I hereby determine that the anticipated cost to the Government for this contract action will be fair and reasonable. The contracting officer determines that the anticipated price(s) will be fair and reasonable based on a dealer discount offered off of the manufacturer’s commercial list price and a comparison of GSA pricing for services.

8. A description of the market research conducted (see Part 10) and the results or a statement of the reason market research was not conducted.

Market research was conducted and concluded that only one vendor was capable of meeting this requirement to ensure warranty coverage.