A.02.05 J&A for Brand Name Determination.pdf

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Control Number: 21-0054

BRAND NAME JUSTIFICATION AND APPROVAL

LOWER MONUMENTAL LOCK AND DAM

1. CONTRACTING AGENCY: Walla Walla District, U.S. Army Corps of Engineers, (USACE), Walla Walla District (CENWW-CT) 201 North 3rd, Walla Walla, WA.

2. DESCRIPTION OF THE ACTION: This procurement is for a brand name purchase of Panolin Environmentally Acceptable Lubricant (EAL) hydraulic oil for the replacement of a non- EAL hydraulic oil currently used in Tainter valve cylinder #1.

3. DESCRIPTION OF THE SERVICES/SUPPLIES: The U.S. Army Corps of Engineers, Walla Walla District, “USACE”, requires the purchase of Panolin HLP SYNTH 32 to replace the non-EAL hydraulic oil in Tainter valve cylinder #1 at Lower Monumental Lock and Dam. The estimated amount of purchase is $14,377.37.

Estimated Amount of purchase is below the Simplified Acquisition Threshold.

4. AUTHORITY CITED:

FAR 13.106-1(b)(1), Soliciting from a single source. 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 Peculiar 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. REASONS FOR AUTHORITY CITED:

a. JUSTIFICATION: The Panolin HLP SYNTH 32 oil meets the requirements of a hydraulic oil that can be a direct replacement to a conventional hydraulic oil in our systems. The Panolin oil has been vetted by our engineers to be compatible with the existing valve seals and meets the manufactures recommendation for hydraulic oil. At this time, the Panolin oil is the only approved EAL oil to use in our hydraulic systems.

We have also purchased a new cylinder for the south shore regulating gate and the manufacture is delivering it with the Panolin HLP SYTHN 32 oil in it. Though we have vetted the oil to be compatible with our system, further testing is required before switching all our hydraulic systems to EAL oils. Panolin shows the greatest chance to succeed.

b. IMPACT: Lower Monumental Project has numerous hydraulic systems in close proximity to the Snake River where an oil leak from one of these systems could

- 2 -reasonably create a leak to the river. Lower Monumental is replacing the cylinder for Tainter valve #1 during the navlock outage and it is necessary that the hydraulic oil be replaced at that time. The Panolin Company makes an Environmentally Acceptable Lubricant (EAL) that meets the definition of an EAL under U.S. Environmental Protection Agency regulations. Pursuant to Settlement Agreement entered into between USACE and Columbia Riverkeeper, No. 2:13-md-2494-LRS (E.D. Wash.), dated August 14, 2014, USACE is obligated to replace existing lubricants with EALs where feasible.

Furthermore, in anticipation of receiving our Clean Water Act, Section 402 "NPDES" permit from EPA, USACE will be required to consider switching to EAL oils at our dam projects on the Snake and Columbia Rivers.

c. ALTERNATIVES: If the Government were to use some other brand of EAL hydraulic oil, it would need to be vetted by engineering to work in our system and then tested in our system. Long term compatibility testing of the oil would take one to two years with regular testing and monitoring by personnel and would put the equipment at risk if the oil proved to be incompatible. With the cost of the different brand of oil, quarterly oil testing and constant equipment monitoring throughout the two-year period it is estimated to cost between $60,000 and $70,000. Panolin has a long track record of supplying EAL hydraulic oils and is an industry leader in EAL hydraulic fluids. There is a risk that other EALs would not be compatible with our systems.

6. EFFORTS TO OBTAIN COMPETITION: There are other manufactures of EAL hydraulic oil, but none have gone through the vetting process to be used in our systems. Also, the manufacture of the south shore regulating gate cylinder is supplying the new cylinder filled with Panolin HLP SYTHN 32 oil. Market research shows that there are multiple small businesses that are interested in quoting the item.

7. FAIR AND REASONABLE COST DETERMINATION: Fair and reasonable price will be determined at time of award. The Government estimated cost is $14,377.37. This is a commercial requirement, therefore the Government estimated cost is based on previous acquisitions of the same nature. Price competition is expected and may be used as the basis of fair and reasonable cost.

8. MARKET RESEARCH: See paragraphs 5 and 6.

9. OTHER SUPPORTING FACTS: N/A

10. INTERESTED SOURCES: See paragraph 6.

11. ACTIONS TO INCREASE COMPETITION: None. See paragraph 6.

12. CONTRACT SPECIALIST: I certify that the information supporting this Brand Name Determination is accurate and complete to the best of my knowledge based on the supporting data provided by technical or requirements personnel and my research.

Prepared by:

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Melita Doyle Contract Specialist

13. CONTRACTING OFFICER CERTIFICATION: I certify that this Brand Name Justification and Approval is accurate and complete to the best of my knowledge and belief.

Approved by:

Brooke Moore Contracting Officer

Reviewed by:

Theresa Hampson Deputy District Counsel