A13 Sole Source Selection Justification Doc 1115903- CO Signed.pdf

United States Department of Agriculture

Limited Source/Brand Name Justification

FAR 13.106-1(b)(1) – Simplified Acquisitions

Control No. (if applicable) ______________________

1. Identification of the agency and the contracting activity.

US Forest Service, SPOC SW Region

2. Description of supply or service required to meet the agency’s needs.

The Titan MBR 50,000 GPD treatment system was installed at Jacobs Creek Job Corps Civilian Conservation

Center in 2014. The membranes have been replaced every two to three years since installation. In November

2022, the plant experienced a filtration failure. It was apparent from visual inspection that some membrane components were broken and were allowing solids to pass through. The manufacturer of the plant, Smith &

Loveless, Inc was called out for a site visit to determine the repairability of the membrane modules. It was determined that the membranes would need to be replaced. At that time, it was also communicated to the center that the membranes compatible with this 2014 plant were no longer manufactured, necessitating a retrofit membrane module to make the plant compatible with a new membrane design. The existing plant has one 200-membrane module and one 50 membrane module, each of which can be operated independently. Per the State of

Tennessee Department of Environment and Conservation (TDEC) design requirements, any replacement membrane components must consist of two equal-sized filtration trains. Therefore, the government issued a purchase order to Smith and Loveless to manufacture and supply replacement modules to comply with state requirements. Smith & Loveless estimates delivery of the MBR retrofit equipment mid-December 2023.

Tasks:

• Coordinate with Smith and Loveless to track delivery and assist with unloading the supplies.

• Provide crane and crane operator.

• Provide bypass pumping of influent and continual monitoring of the bypass discharge operations

(Government to provide sewage hauling services for the duration of the project).

• Install new government furnished MBR equipment per manufacturer instructions.

• Provide any additional hardware, equipment, or tools required for installation of new MBR equipment.

• Coordinate with Smith and Loveless for start-up of MBR. (The cost for start-up services were included in the supply purchase.)

• Clean and disinfect the bypass discharge pit.

Estimated period of performance 30 days. Installation anticipated to take up to two weeks.

The Government requires the replacement of government-furnished membrane modules and accessories for the

Titan MBR Wastewater Treatment Plant. The membranes fouled and were taken out of service in November

2022. Compatible membranes are no longer manufactured, which necessitated the manufacture of new membrane modules that are compatible with the new style of membranes for this treatment plant. The estimated date of delivery for the new membrane modules is mid-December 2023. The installation will be scheduled for January

2024. Estimated cost for installation $140,000.

3. The rationale or circumstances for limiting competition.

Smith & Loveless manufactured the plant. The parts are proprietary and only Smith & Loveless or their approved installers are qualified to install and/or make repairs to the Titan MBR Wastewater Treatment Plant.

4. A description of the market research conducted and the results or a statement of the reason market research was not conducted.

Market research was conducted, but it was determined that no other vendors are certified to install the proprietary flat plate membranes for the Titan MBR plant.

The manufacturer, Smith and Loveless, stated that only an approved vendor could install the membranes and that

Bar Environmental is the only approved vendor in Tennessee. Both Smith and Loveless and Bar Environmental were contacted to reconfirm that this was accurate. Confirmation documentation is attached.

5. Estimated price, including all options, if applicable.

Estimated value is $128,119.64

6. Recommended source(s).

Smith & Loveless recommended Bar Environmental, UEI Z9ZJBV1NZAD5, located in Brentwood, Tennessee.

They are the exclusive representative of Smith & Loveless in Tennessee. Smith & Loveless is in Lenexa, Kansas and would require much higher mobilization and overhead costs if they were to do the installation.

Certifications

The information contained in this justification is accurate and complete to the best of my knowledge and belief and in accordance with Federal Acquisition Regulation 13.106-1(b)(1), I hereby determine the circumstances described above deem only one source, or limited sources, reasonably available and competition is precluded for the reasons indicated in this document.

Derek Lavey

Contracting Officer