A.03.11_J&A_for_Brand_Name.pdf

DETERMINATION FOR OTHER THAN FULL AND OPEN COMPETITION

(SIMPLIFIED ACQUISITION PROCEDURES – BRAND NAME)

1. Contracting Activity:

U.S. Army Corps of Engineers, Huntington District, CELRH-DCT-C, 502 8th Street, Huntington, WV, 25701

2. Description of Action:

The action hereby submitted for approval is for a partial brand name procurement of miscellaneous building supplies for the project office addition at Burnsville Lake, Burnsville, West Virginia. The cost for the building supplies exceeds Government Visa purchase thresholds. FY17 funds will be used for this supply contract.

3. Description of Supplies/Services:

In addition to all “brand name or equal” items listed on the solicitation, the vendor shall supply the following brand-specific items: 17 squares of Decra shake roofing; 46 each Decra shake caps; five 5-gallon buckets of Olympic Maximum Exterior Deck, Fence, and Siding Latex Stain; 20 sheets of Breckenridge real wood siding panel; and eight tons of Briar Hill sandstone. The estimated total cost of these brand-specific items is $12,025.00 including shipping and handling.

4. Authority Cited:

FAR 13.106-1(b)(1), as the existing conditions at the project location preclude consideration of products manufactured by another company.

5. Reason for Authority Cited:

The minimum Government need is to procure the above building materials to match existing conditions at the project location. The materials will be used to build an addition onto the existing project office, which features Decra shake roofing and caps, Olympic latex stain, Breckenridge siding, and Briar Hill sandstone as described above.

Therefore, the use of brand name descriptions is essential to the Government’s requirements.

6. Efforts to Obtain Competition:

In accordance with FAR 5.101 and 5.102, competition will be obtained by posting a solicitation to Federal Business Opportunities (FBO) to allow all interested vendors to submit quotes for the required products. Due to the large number of line items, vendors will be provided no less than 14 days to submit quotes. It has been determined it is in the best interest of the Government to set-aside this procurement for small business, in accordance with FAR 19.502(a)(2).

7. Actions to Increase Competition:

As stated in Number 6 above, this procurement will be solicited via FBO to allow for maximum practicable competition among small business vendors. No actions have been taken to further increase competition.

8. Market Research:

Market research was conducted by reviewing past purchases and by querying the VetBiz and SBA databases to identify small business vendors who may provide the required products. Based on the market research results, there is sufficient confidence that at least two small business vendors will submit quotations.

9. Interested Sources:

N/A

10. Other Facts:

N/A

11. Statement of Actions:

No actions will be taken to remove barriers to competition for the required products. It has been determined the brand-specific items described above are necessary to meet agency requirements.

12. Technical Certification:

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

NAME: Richard Pingley

TITLE: Resource Manager

SIGNATURE:

13. Requirements Certification:

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

NAME: Richard Pingley

PINGLEY.RICHARD.K.12297

50794

Digitally signed by PINGLEY.RICHARD.K.1229750794 DN: c=US, o=U.S. Government, ou=DoD, ou=PKI, ou=USA, cn=PINGLEY.RICHARD.K.1229750794 Date: 2017.05.03 14:31:08 -04'00'

TITLE: Resource Manager

SIGNATURE:

14. Fair and Reasonable Cost Determination:

“I hereby determine that the anticipated cost or price to the Government for this contract action will be fair and reasonable.

NAME: Ginny M. Morgan

TITLE: Procuring Contracting Officer

SIGNATURE:

15. Contracting Officer Certification

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

NAME: Ginny M. Morgan

TITLE: Procuring Contracting Officer

SIGNATURE:

PINGLEY.RICHARD.K.1229750794

Digitally signed by PINGLEY.RICHARD.K.1229750794 DN: c=US, o=U.S. Government, ou=DoD, ou=PKI, ou=USA, cn=PINGLEY.RICHARD.K.1229750794 Date: 2017.05.03 14:32:08 -04'00'

Digitally signed by MORGAN.GINNY.M.1264082400 DN: c=US, o=U.S. Government, ou=DoD, ou=PKI, ou=USA, cn=MORGAN.GINNY.M.1264082400 Date: 2017.05.03 14:40:27 -04'00'