A.02.05 Limited Source JA Meltric Devices_KO Signed.pdf

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Control Number 24-045_________

LIMITED SOURCE/BRAND NAME DETERMINATION

Far Subpart 13.106-1(b)

1. CONTRACTING AGENCY: US Army Corps of Engineers (USACE), Walla Walla District, McNary Lock and Dam project, 82925 Devore Road, Umatilla OR 97882.

2. DESCRIPTION OF THE ACTION: A brand name justification is being sought to purchase and provide a commercial item, off the shelf, from a distributor who can supply the Meltric Brand components such as high amperage receptacles, plugs, and associated parts.

3. DESCRIPTION OF THE SERVICES/SUPPLIES: Approval is being requested for a new firm-fixed-price, brand name purchase order for the delivery of Meltric high amperage plugs, receptacles, and associated parts. The Meltric High Amperage products must be purchased due to existing Meltric High Amperage components in the field. FY24 O&M funds will be used for this procurement (HYDRO). The estimated cost of this purchase is $52,092.94.

4. AUTHORITY CITED:

FAR 13.106-1 (b) Soliciting from a single source. (1) For purchases not exceeding the simplified acquisition threshold, contracting officers may solicit from one source if the contracting officer determines that the circumstances of the contract action deem only one source reasonably available (e.g., urgency, exclusive licensing agreements, brand name, or industrial mobilization).

FAR 11.105(a)(1), Items Particular to One Manufacturer. The particular brand name, product, or feature is essential to the Government ' s requirements, and market research indicates other companies ' similar products, or products lacking the particular feature, do not meet, or cannot be modified to meet, the agency' s needs.

5. REASON FOR AUTHORITY CITED:

A. JUSTIFICATION: Meltric high amperage components are already in service for the navigation lock chamber unwatering pump power service. The Meltric equipment has replaced the existing Cooper Crouse Hinds in 2017. McNary project spent $75,910.00 and it took 775 labor hours to complete the changeover. Meltric High Amperage devices are required to repair the existing damaged Meltric High Amperage devices, due to incompatibility with other manufacturers similar devices.

B. IMPACT: McNary staff will not be able to unwater the navigation lock chamber during annual winter maintenance. During the 2024 outage, several contractors performed contract work (under W912EF22C0010) that required the navigation chamber be completely unwatered. These contractors will return during the 2025 outage to complete their work. McNary’s chamber must be unwatered for additional work to be completed.

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C. ALTERNATIVES: There are no alternative products that can be used in this repair project. The existing Meltric components that were not damaged, are still in good operating conditions and will not be replaced. The items in this contract will make this unwatering system complete and ready for service. It is not in the best interest of the Government to purchase alternative brand name plug and accessories, see section seven below for additional information.

6. DETERMINATION OF FAIR AND REASONABLE COSTS: The market for these plugs and receptacles is mature and Meltric electrical devices is competitive. Price competition should result in a fair and reasonable price; however, no contract will be awarded unless the price is determined fair and reasonable.

7. EFFORTS TO OBTAIN COMPETITION: There is reasonable expectation to receive multiple offers. The manufacturer does not sell direct to consumer, but there are multiple distributors that sell the name brand. This procurement action is for replacement parts of the same manufacture as existing Government equipment. While competitors of different brands offer similar products, installing parts of a differing manufacture would jeopardize the life span of other components, and potentially cause pre-mature failure of the pump, jeopardizing the pump warranty.

8. MARKET RESEARCH: The Meltric components described in the technical specification are essential to the Government’s requirements, and market research indicates other companies’ similar products do not meet, or cannot be modified to meet, the agency’s need. Suppliers of similar products are not an option for the parts because of the risk of failure to the pump, and the impact that has on the project.

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

Name/Title: Valerie Nichols-Reed, Electrical Planner. Signature: __________________

DETERMINATION: In accordance with the authority of 10 U.S.C. 3204(e), as implemented by FAR 13.106-1(b) and based upon the foregoing, I hereby determine that a brand name procurement is authorized and is in the best interest of the Government.

Signature: __________________ Approved by: Brooke Moore Title: Contracting Officer

Reviewed for legal sufficiency: Michaela Murdock Title: Deputy District Counsel Signature: ___________________