Brand Name Justification Request_Weston-Elgin.docx
DOCX document 27 KB Posted
- Attached to
- OR DOT 204(1), Weston-Elgin Highway Resurfacing Federal contract opportunity
- Solicitation number
- 69056719B000029
About this file
This document contains a brand name justification request for a federal highway resurfacing project. The project involves resurfacing approximately 20 miles of Oregon State Highway 204 between Weston and Elgin. Specific brand name guardrail terminals manufactured by Trinity Highway Products are required, including 22 SoftStop End Terminal Energy Absorbing Units valued at $77,000. The use of these proprietary products is justified as they are the only terminals that meet MASH TL-3 crash test standards, have been approved by the Oregon Department of Transportation for use on its roads, and have mounting and geometry characteristics suitable for withstanding snow loads at the project site. The federal agency involved is the Federal Highway Administration Western Federal Lands Highway Division. The anticipated cost for the terminals is expected to be similar to other commercially available guardrail terminals. The project is estimated to cost between $5-10 million and have a tentative completion date of fall 2020.
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Other files for this federal contract opportunity
| File | Type | Posted |
|---|---|---|
| Bid Opening Summary_Weston-Elgin.pdf | ||
| Amendment A003.pdf | ||
| Q&A_12-12-19.pdf | ||
| Q&A_12-11-19.pdf | ||
| Amendment A002.pdf | ||
| Amendment A001.pdf | ||
| OR204 - 17V-237.pdf | ||
| Plan Request.pdf | ||
| IFB_Weston Elgin.pdf | ||
| OR2041_100% Weston-Elgin_PAVEMENT FIELD REVIEW MEMO.pdf | ||
| Revised_Plans_OR2041 100% Weston Elgin.pdf | ||
| OR204 32V-073_AC.pdf |
Show all 12
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Text version
Date: August 2, 2019
From: Craig Sanders Project Manager
To: Dean Umathum Contracting Officer
Memorandum Western Federal Lands Highway Division 610 E. Fifth Street Vancouver, WA 98661-3801
Subject: Brand Name Justification & Approval Project No.: OR DOT 204(1) Project name: Weston-Elgin Highway Resurfacing
Justification for other than full and open competition – This justification is in accordance with FAR subpart 6.302-1, Only one responsible source and no other supplies or services will satisfy agency requirements. This justification covers only the portion of the acquisition which is brand-name, identified below.
Agency - Federal Highway Administration
Contracting Activity - Western Federal Lands Highway Division, Vancouver, WA
Nature and/or Description of Action – FHWA-WFLHD will be soliciting for resurfacing approximately 20 miles of Oregon State Highway 204. The documents included with the solicitation call for specific brand name products that are unique to one manufacturer. This brand-name justification covers the guard rail terminals for the subject line project.
Description of supplies or services required to meet agency needs – Construction for this project must use the SoftStop End Terminal Energy Absorbing Unit
The estimated value of the portion covered by this justification is $77,000.00
Products (All manufactured by Trinity Highway Products) Quantity
| SoftStop End Terminal Energy Absorbing Unit |
| 22 |
Authority permitting other than full & open competition –
a) 41 U.S.C.253(c) (1): Only one responsible source and no other supplies or services will satisfy agency requirements.
b) FAR Part 11.105: The Brand Name products are essential to the Government’s requirements, and market research indicates other companies’ similar products do not meet and cannot be modified to meet the agency’s needs.
c) FAR 6.302-1: The use of the name brand products are essential to the Government’s requirements, thereby precluding consideration of a product manufactured by another company.
Why we are using this authority - We are demonstrating that the nature of the acquisition requires use of the cited authority. The Oregon Department of Transportation requires the use of these terminals from their Qualified Products list to meet the unique characteristics of the project site, must be MASH TL3 crash tested and approved and can be installed to meet 31 inch guardrail height. The project site sees lots of snow load and this unique terminal manufactured by Trinity Highway Products has the geometry (narrow head design) and mounting characteristics which will withstand this load and minimize damage hits from snow plows.
A demonstration that the proposed contractor’s unique qualifications or the nature of the acquisition requires use of the authority cited. – This terminal is the only one of its kind that meets the MASH standards, the project needs and that has been vetted by ODOT and placed on their qualified products list for use on their roadways.
Description of efforts made to ensure that offers are solicited from as many potential sources as is practicable - The SoftStop End Terminal Energy Absorbing Unit is a unique design. There are no other end terminals that have a similar head and meet MASH TL-3 requirements and are on the Oregon QPL.
A determination by the contracting officer that the anticipated cost to the Government will be fair and reasonable. - The cost from the manufacturer for this terminal is anticipated to be similar to other commercially available guardrail terminals. The installation price will be part of the competitive bid.
Market Research – Market research was conducted through the internet and discussion with WFLHD’s Safety Engineer and ODOT personnel to determine whether there were similar products that would meet the need.
Other facts supporting the use of other than full & open competition. There are no other products commercially available which meet the needs of the project.
A listing of sources, if any that expressed (in writing) an interest in the acquisition - No sources to our knowledge.
A statement of the actions, if any, the agency may take to remove or overcome any barriers to competition before any subsequent acquisition for the supplies or services required. – As the number of MASH approved available terminals increases, we will continue to investigate alternatives for this application to provide more competition for subsequent applications.
Page Other than Full & Open Competition OR DOT 204(1), Weston-Elgin Highway Resurfacing
Technical/Requirements Personnel Certification - I certify that the above information and the attached evidence supporting this justification are complete and accurate.
| //es// | 08/17/19 | |
| Craig Sanders, Project Manager | Date |
Contracting Officer Certification & Determination - In accordance with Subpart 6.303-2(b), I certify that this justification for Other than Full and Open Competition is accurate and complete to the best of my knowledge and belief.
| //es// | 08/17/19 | |
| Dean Umathum, Contracting Officer | Date |
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