A.02 Brand Name Justification 1,500 gal Lube Delivery.pdf

Control No. __NWP-23-007_______

BRAND NAME JUSTIFICATION

(Simplified Acquisition Procedures under FAR Part 13 Not Exceeding $750K)

1. Agency/Contracting Activity:

USACE Portland District, 333 SW First Ave., Portland, OR 97204

2. Description of Action:

Nature: New Requirement Follow-on Requirement Mod to Existing Purchase Order/Contract Number

Pricing: Firm-Fixed Price Time & Materials Funds: OMA Other Funds: Civil

3. Description of Services or Supplies:

The Contractor shall transport and pump into the vessel s fixed piping system, 1,500 gallons of Mobil Delvac 1300 Super,15w-40 Extra High Performance Diesel Engine Oil, delivered in bulk over the water to the Essayons located the following location:

1) Terminal 2, Port of Portland, OR.

4. Authority:

Action using simplified acquisition procedures (select one):

FAR 13.106-1(b)(1): For purchases not exceeding the simplified acquisition threshold (SAT), 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 13.501(a)(1): For actions for commercial supplies or services greater than the SAT but not exceeding $6.5M, the requirements of FAR 13.501(a) apply to sole-source acquisitions conducted pursuant to Subpart 13.5 (Reference: FAR 13.106-1(b)(2)). Subpart 13.5 is the Test Program for Certain Commercial Items (see 41 USC 1901; or for contingencies see 41 USC 1903)

5. Reasons for Authority Cited:

v4, 5 Jan 2015; previous version obsolete

This request is for 1,500 gallons of Mobil Delvac 1300 Super, 15w-40 Extra High Performance Diesel Engine Oil used on Caterpillar C-280, 3512C, and C18 engines to maintain efficient operational use. Mobil Delvac 1300 Super, 15w-40 Extra High Performance Diesel Engine Oil is currently in-use in all of the Essayons� diesel engines. Other brand name oils would diminish the reliability of the equipment consistent with premature wear, component failures, and sludge buildup, therefore the use of Mobil Delvac 1300 Super, 15w-40 Extra High Performance Diesel Engine Oil is advantageous in maintaining the useful life of the engines. Because the diesel oil will be transported across water, interested vendors must be certified by the United States Coast Guard (USCG) to transfer oil over water.

The Essayons had experienced unfavorable outcomes with the use of other oils consistent with premature wear, component failures, and sludge buildup, ultimately diminishing the reliability of the equipment. With the Essayons traveling several times a year across the Pacific Ocean to perform dredging services, it is imperative to maintain the effectiveness of aforementioned engines, otherwise engine failure, facility damage and/or loss, and/or human loss or injury is imminent.

6. Actions to Increase Competition:

There are several vendors that can provide Mobil Delvac 1300 Super, 15w-40 Extra High Performance Diesel Engine Oil, but the option to receive this product from a vendor without the USCG certification is in violation of Title 33 Code of Federal Regulations (CFR) Section 154.325(d), and meets all applicable requirements for a mobile transfer facility outlined in 33 CFR Parts 154 and 156 for operations in the Sector Columbia River Captain of the Port Zone.

A request to small business concerns has been submitted and will continue to be submitted to assist current vendors in acquiring the necessary certifications from the U.S. Coast Guard to meet the requirements for future purchases.

7. Market Research:

Market research indicates there are several vendors capable of providing Mobil Delvac 1300 Super, 15w-40 Extra High Performance Diesel Engine Oil; however, market research revealed one vendors hold the proper certification from the USCG permitting the transfer of oil over the water, the one vendor being the regional distributor.

8. Procurement History:

Previous Purchase Order(s) or Contract(s): Yes No

If �Yes�, provide each purchase order or contract:

W9127N-23-P-0007

W9127N-22-P-0110 W9127N-22-P-0153 W9127N-22-P-0090 W9127N-22-P-0035 W9127N-21-P-0080 W9127N-21-P-0050 W9127N-20-P-0097 W9127N-20-P-0141 W9127N-20-P-0007 W9127N-19-P-0109 W9127N-19-P-0003 W9127N-18-P-0123 W9127N-18-P-0043 W9127N-18-P-0001 W9127N-17-P-0103 W9127N-17-P-0048 W9127N-17-P-0003 W9127N-16-P-0059 W9127N-15-P-0063 W9127N-14-P-0184 W9127N-14-P-0126 W9127N-14-P-0060, Was action competed? Yes No

If action was not competed, state the cited authority, summarize rationale:

The first four purchase orders were not competed and were awarded using the authority at 6.302-1 because of only one company capable in delivering product over water per the USCG requirement.

However, market research verified more than one company can provided the brand name product and maintains the required certification.

9. Additional Facts and/or Information to support the justification.

The USCG requires transportation of hazardous material over water to be certified in accordance with Title 33 Code of Federal Regulations (CFR) Section 154.325(d), and meets all applicable requirements for a mobile transfer facility outlined in 33 CFR Parts 154 and 156 for operations in the Sector Columbia River Captain of the Port Zone.

10. Technical / Requirements Certification: I certify that the supporting data under my cognizance which is included in this abbreviated J&A is accurate and complete to the best of my knowledge and belief.

NAME: David M. Paquet Jr.

TITLE: Chief Engineer, Dredge Essayons SIGNATURE:

11. Fair and Reasonable Price Determination: As contracting officer, I hereby determine that the anticipated cost to the Government for this contract action will be fair and reasonable. Basis for the determination is as follows:

Comparison to an Independent Government Estimate.

NAME:

TITLE: Procuring Contracting Officer SIGNATURE:

12. Prepared By:

I hereby determine that the above information, to the best of my knowledge, is correct and accurate.

NAME: David M. Paquet Jr.

TITLE: Chief Engineer, Dredge Essayons SIGNATURE:

13. Contracting Officer Certification:

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

NAME:

TITLE: Contracting Officer SIGNATURE:

14. Contracting Officer�s Approval (actions less than $750K): I hereby certify that this justification is accurate and complete to the best of my knowledge and belief. Based on the foregoing, I approve this brand name justification subject to availability of funds, and provided that the services and supplies herein described have otherwise been authorized for acquisition.

NAME:

TITLE: Contracting Officer SIGNATURE: