A.02.05 JA Brand Name_REDACTED.pdf

Control No: LRH-FY22-33

Contracting Officer’s Determination – Limiting Competition at or below the Simplified Acquisition Threshold

1. Contracting Activity: USACE, Huntington District, 502 8th Street, Huntington, WV 25701

2. Description of Action:

Nature: ☒ New Requirement ☐ Follow-on Requirement

Contract Vehicle: ☒ Purchase Order ☐ Blanket Purchase Agreement (BPA) ☐ Order/BPA against FSS Contract:

☐ Order against Multiple Award IDIQ Contract:

☐ Order against a single award IDC Contract:

☐ Modification to existing PO/TO/DO/Call Order

Pricing/Contract Type: ☒ Fixed Price ☐ Time & Materials/Labor Hours ☐ Cost Reimbursable ☐ Hybrid

Funds: ☒ Operations & Maintenance ☐ Army (OMA) ☐ CG funds ☐ Other Funds:

FY: 2022

Name of Proposed Contractor(s) and Address:

Cleveland Crane and Shovel Stephenson Equipment 26781 Cannon Rd, 8181 Noblestown Rd, Bedford Heights, OH 44146 McDonald, PA 15057

(440) 439-4749 (724) 926-4280

Brand Name Buy: ☒ Yes ☐ No

3. Description of Services or Supplies: The action submitted for approval is for a brand name procurement to acquire direct manufacturer support for a Manitowoc crane installed on the vessel Derrickboat 65. A manufacturer technician will be required to perform a Semi-Annual 2000 hour Inspection and Service as well as remove and replace the Caterpillar 3406 Main Engine “Long Block”. These items are to be completed IAW Manitowoc requirements. The Crane is a Manitowoc 3950W Vicon crane, serial number 396030. The total estimated cost of the service is approximately $31,290.00.

https://www.google.com/search?q=cleveland%2Bcrane%2Band%2Bshovel https://www.google.com/search?q=stephenson%2Bequipment&ei=tAsdYqX-Jeu3qtsPnqmW0AU&oq=Stephenson%2B&gs_lcp=Cgdnd3Mtd2l6EAEYADIFCAAQgAQyCAgAEIAEELEDMgsILhCABBDHARCvATIFCAAQgAQyCwguEIAEEMcBEKMCMgUILhCABDILCC4QgAQQxwEQrwEyBQgAEIAEMgUIABCABDIHCAAQgAQQCjoECAAQQzoRCC4QgAQQsQMQxwEQowIQ1AI6CwgAEIAEELEDEIMBOggIABCxAxCDAToRCC4QgAQQsQMQgwEQxwEQ0QM6DgguEIAEELEDEMcBEKMCOggILhCABBCxAzoKCC4QxwEQ0QMQQzoICAAQsQMQkQI6BQgAEJECOggILhCxAxCDAToKCC4QsQMQgwEQQzoHCC4QsQMQQzoLCC4QgAQQxwEQ0QM6CwguELEDEIMBENQCOgcILhDUAhBDOgUILhCxAzoLCC4QgAQQsQMQgwE6BAgAEAM6FAguEIAEELEDEIMBEMcBENEDENQCOggIABCABBDJA0oECEEYAEoECEYYAFAAWJ4rYPFFaAFwAXgAgAHQAogB5xGSAQcwLjguMy4xmAEAoAEBwAEB&sclient=gws-wiz

Period of Performance: work to conclude after 14 days after Notice of Award

Total Value: $ iiiiiiiiiiiiiiiiiiiiiii

4. Authority:

☐ FAR 13.106-1(b)(1): For purchases not exceeding the simplified acquisition threshold (SAT), only one source reasonably available, urgency, exclusive licensing agreements, brand name, or industrial mobilization.

Or

☐ FAR 8.405-6(a)(1)(i)(B) and 8.405-6(b)(1) Brand Name ☐ FAR 8.405-6(a)(1)(i)(A) Urgency ☐ FAR 8.405-6(a)(1)(i)(B) Only One Source is Capable ☐ FAR 8.405-6(a)(1)(i)(C) Logical Follow-on

Or

☐ FAR 16.505(b)(2)(i)(B) Only One Awardee is Capable ☒ FAR 16.505(a)(4) Brand Name ☐ FAR 16.505(b)(2)(i)(A) Urgency ☐ FAR 16.505(b)(2)(i)(C) Logical Follow-on ☐ FAR 16.505(b)(2)(i)(D) Minimum Guarantee

5. Reasons for Authority Cited:

The Government requires repair parts and support for the above mentioned Manitowoc Crane from the original manufacturer, as the crane is a unique piece of brand name equipment manufactured specifically for the Derrickboat 65, thus precluding consideration of services and parts provided by another company. EM3851-1 paragraph 16 .A.15(b) expresses a preference for OEM replacements for load bearing and other critical parts.

6. Publicizing Contract Actions: For FAR Part 13 actions, the public display and synopsis requirements of FAR 5.101 and FAR 5.203 ☐ do not apply due to the dollar threshold, ☐ apply and will be followed, or ☐ do not apply due to an exception at 5.202

Requirement to post justification in accordance with FAR 8.405-6(b)(3), FAR 13.105(c), or FAR 16.505(a)(4)(iii)(A)

☐ Action is NOT a brand name restriction and is under SAT, no posting required ☐ Action is a brand name restriction, under $25K, no posting required ☒ Action is a brand name restriction, over $25K. It will be redacted and posted with the solicitation.

☐ Action is a brand name restriction over $25K but will not be posted due to exception:

☐ FAR 6.305(f) ☐ FAR 8.405-6(b)(3)(iii)(A) ☐ FAR 8.405-6(b)(3)(iii)(B) ☐ FAR 8.405-6(b)(3)(iii)(C) ☐ FAR 16.505(a)(4)(iii(C)

7. Market Research: Based on review of the Manufacturers website, Cleveland Crane and Shovel and Stephenson Equipment are field offices and utilized as “certified” dealers for the Manitowoc Corporation. In addition, market research was conducted on the Small Business Administration’s Dynamic Small Business Search website to identify small business interests that could provide the required products and services. Based on the research there was no reasonable expectation that two or more small business concerns would submit competitive offers.

8. Other Facts: N/A

9. Technical/Requirements 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.

2022.07.19 10:05:31 -04'00'

Robert Coward, Chief of the Medium Capacity Fleet

10. Contracting Officer Certification/Approval:

I hereby determine that the anticipated cost or price to the Government for this contract action will be fair and reasonable based upon the availability of at least two different contractors able to complete the requested work.

I certify that this justification is accurate and complete to the best of my knowledge and belief, and that completing this purchase as a sole source is in the best interest of the Government. Additionally, I approve this justification to limit competition

2022.07.19 08:51:26 -04'00' subject to the availability of funds and provided that the services or supplies herein described have otherwise been authorized for acquisition.

Patrina G. Singleton, Contracting Officer