B09_Amd1_-_Brand_Name_J_A_DEVA_318717_Redacted_0001.pdf

United States Department of the Interior

NATIONAL PARK SERVICE

DENVER SERVICE CENTER

1 DENVER FEDERAL CENTER, BUILDING 50

P.O. BOX 25287

DENVER, COLORADO 80225-0287

DEVA 318717 – “Rehabilitate Furnace Creek and Cow Creek Water and Wastewater Treatment Systems.”

Death Valley National Park, CA.

BRAND-NAME JUSTIFICATION AND APPROVAL (J&A)

Portion of the Construction Services Acquisition

In accordance with FAR 6.302-1(c)(1), the Government has determined that it is necessary for a portion of the above-referenced acquisition for construction services to use a brand-name description or other purchase description to specify a particular brand-name, product or feature of a product, peculiar to one manufacture as provided in this J&A document.

1. Agency and Contracting Activity: Department of the Interior (DOI), National Park Service (NPS), Denver

Service Center (DSC), Contracting Services (CS) Division on behalf of DOI NPS DSC, Design and Construction (D&C) Division and Death Valley National Park in California.

2. Nature and/or Description of the Action Being Approved: This document is justification for the approval of brand-name requirements for a portion of the construction services acquisition in support of the DEVA 318717 project to rehabilitate Furnace Creek and Cow Creek water and wastewater treatment systems at Death Valley National Park in California. Specifically, that of Siemens SIMATIC WinCC Supervisory Control and Data Acquisition (SCADA) system software.

3. Description of the Supplies or Services Required to Meet Agency’s Needs: This DEVA 318717 project calls for software that is similar to, and can be integrated with, existing on-site software in order to ensure SCADA system communications and proper functionality. Specifically, the software to be provided under this DEVA 318717 project is required to match the existing Siemens SIMATIC WinCC software for the SCADA system at Death Valley National Park.

The estimated value of this brand-name license is approximately less than $$$$$$ in total.

4. Statutory Authority Permitting Other Than Full and Open Competition: 41 U.S.C. 3304(a)(1), FAR 6.302-1 – “Only One Responsible Source and No Other Supplies or Services will Satisfy the Agency Requirements.”

5. Demonstration that the Unique Qualifications or the Nature of the Acquisition Requires Use of the

Cited Authority: The specified Siemens SIMATIC WinCC software meets the Agency’s minimum requirements for the SCADA system at Death Valley National Park. While SCADA system software that operates in a similar manner is available from other manufacturers, Death Valley National Park already having existing Siemens SIMATIC WinCC software means that existing SCADA system operation screens can be utilized to create new screens for the new, upgraded control systems for Furnace Creek and Cow Creek areas. As a result, this will reduce the cost of having to develop screens from scratch as well as keeping a more uniform (standardized and time-efficient) operational environment for Operators, in turn reducing additional training on how to operate (new/different) screens and control systems.

6. Description of Efforts Made to Ensure that Offers are Solicited from as Many Potential Sources as is Practicable, Including Whether a Notice was/will be Publicized as Required by FAR Subpart 5.2: This Brand-Name J&A is for a portion of the construction services acquisition in support of the DEVA 318717 project and shall be posted with issuance of the solicitation in accordance with FAR 6.302-l(c)(l)(ii)(C) and 5.102(a)(6). The Government will continue to assess the market to ensure competition is sought if SCADA system software is developed to meet or exceed the minimum requirements at Death Valley National Park.

7. Determination by the Contracting Officer that the Anticipated Cost to the Government will be Fair and

Reasonable: The CO anticipates competition on this acquisition for construction services in support of the DEVA 318717 project and will ensure that pricing is fair and reasonable prior to making contract award.

8. Description of Market Research Conducted and Results, or Statement of the Reason Market Research

Was Not Conducted: Additional market research was not conducted by the Contracting team, as the Architect-Engineer (AE) Designer of Record (DOR) and Project team have provided technical expertise regarding the compatibility of the existing SCADA system software with that of/from other manufacturers.

Efforts included internet research, correspondence with manufacturers, value analysis, and recommendations based on professional knowledge.

9. Any Other Facts Supporting the Use of Other Than Full and Open Competition: This brand-name requirement is necessary to limit the number of SCADA system software the operations group must master and support to the bare minimum and allows all the Park sites to communicate natively together and allow for quicker development of new operation screens by utilizing existing ones. This brand-name component is based on inner operability of other sites in the Park’s infrastructure. Continued use of this brand-name software allows Furnace Creek and Cow Creek sites to match the existing SCADA system.

10. Listing of Sources, if any, that Expressed, in Writing, an Interest in the Acquisition: None.

11. A Statement of the Actions, if any, the Agency may take to Remove or Overcome Barriers to Competition before any Subsequent Acquisition for the Supplies or Services Required: The NPS-DSC team has determined that the salient characteristics can only be met by the Siemens SIMATIC WinCC software as discussed above. The Government will continue to monitor the market for compatible SCADA systems software with salient characteristics that meet the Agency’s minimum needs and ensure specifications are written to allow the use of those SCADA systems software if identified.

12. Technical / Requirements Personnel Certification: I certify that the supporting data provided as the responsibility of the technical/requirements personnel, such as verifying the Government’s minimum needs or schedule requirements or other rationale for other than full and open competition, and which form a basis for this justification, is complete and accurate.

Project Manager, NPS DSC D&C Division

13. Contracting Officer’s Certification: I certify that the justification is accurate and complete to the best of my knowledge and belief.

Contracting Officer, NPS DSC CS Division