A.02.06 JA_Flowserve Limitorque Model QX Series Actuator_Signed.pdf
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- Attached to
- FIMI 3D Well Relocation Construction
- Solicitation number
- W912DS25BA017
About this file
This is a Justification and Approval (J&A) document for a sole-source procurement by the U.S. Army Corps of Engineers, New York District. The procurement is for a Flowserve Limitorque Model QX Series Actuator to be used in the Ocean Beach Well Relocation project (Contract 3D) in Ocean Beach, NY. The total project construction cost is estimated at $6,000,000, with the specific actuator component valued at $10,000. The J&A justifies the brand-specific procurement based on the Incorporated Village of Ocean Beach's existing standardized infrastructure, which requires compatibility with current valve operation components across its facilities.
The document details that the Village has already implemented Flowserve Limitorque Model QX Series Actuators in other facilities, and its staff is trained in their operation and maintenance. A Notice of Intent to sole source was posted on SAM.gov on 28 March 2025 for 15 days, which received no responses. The procurement will be conducted as a sealed bid Invitation for Bid (IFB) using Construction (C) Appropriations, with a contract performance period of 260 calendar days. The justification is approved under the authority of 10 U.S.C. § 2304(c)(1), which allows procurement from only one responsible source when no other supplies or services will satisfy agency requirements.
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Text version
CONTROL NO. 25-022
JUSTIFICATION REVIEW DOCUMENT FOR OTHER THAN FULL AND OPEN COMPETITION
CONTROL NO. 25-022
PROJECT/EQUIPMENT: FIMI (Fire Island Moriches Inlet), Contract 3D (Ocean Beach Well Relocation), Ocean Beach, NY/ Flowserve Limitorque Model QX Series Actuator
AUTHORITY: 10 U.S.C. § 2304(c)(1) AMOUNT: $10,000.00
Prepared By:
NAME/TITLE: Tiffany R. Montoya, Technical Manager
TELEPHONE: 917-790-8296
DATE:
Contracting Officer NAME/TITLE: Francis Cashman, Contracting Officer
TELEPHONE: 917-790-8173
DATE:
Requirements NAME/TITLE: Mark F. Lulka, Project Manager
TELEPHONE: 917-790-8205
DATE:
SIGNATURES ARE REQUIRED BELOW
I have reviewed this J&A and find the justification adequate to support other than full and open competition.
District Small Business Specialist NAME: Zachery Bernard
TELEPHONE: 917-533-4785
SIGNATURE
Project Manager NAME: Mark F. Lulka
TELEPHONE: 917-790-8205
SIGNATURE
Office of Counsel NAME: Lorraine C. Lee
TELEPHONE: 917-790-8055
SIGNATURE
DCC/CCC Contracting Chief NAME: Francis Cashman
TELEPHONE: 917-790-8173
SIGNATURE
JUSTIFICATION AND APPROVAL
FOR OTHER THAN FULL AND OPEN COMPETITION
FOR:
Flowserve Limitorque Model QX Series
Actuator
FIMI (Fire Island Moriches Inlet), Contract 3D (Ocean Beach Well Relocation), Ocean Beach, NY
21 April 2025
JUSTIFICATION AND APPROVAL
FOR OTHER THAN FULL AND OPEN COMPETITION
1. CONTRACTING ACTIVITY:
The U.S. Army Corps of Engineers (USACE), New York District (NAN), Contracting (CT), 26 Federal Plaza, New York, NY 10278.
2. DESCRIPTION OF ACTION:
This Justification and Approval (J&A) supports the use of brand name components in an upcoming construction project. The government will not purchase the components directly, but rather will require that offerors include Flowserve Limitorque Model QX Series Actuator as part of proposals submitted in response to a Design Bid-Build or IFB solicitation that will lead to the award of a new firm-fixed-price (FFP) construction contract. USACE is responsible for the acquisition and administration of a construction contract for Contract 3D (Ocean Beach Well Relocation at Ocean Beach, NY. Funding for this acquisition will be Construction (C) Appropriations. The FFP construction contract will be solicited and awarded as sealed bid IFB procurement in accordance with FAR Part 14.
3. DESCRIPTION OF SUPPLIES/SERVICES:
The requirement is to provide a Flowserve Limitorque Model QX Series Actuator for controls of the butterfly valve in this contract. The Flowserve Limitorque Model QX Series Actuator is already in use at other Incorporated Village of Ocean Beach (the Village or VOB) facilities. The actuator is used to control opening and closing of the butterfly valve. The estimated cost of the requested brand-name requirement for the Limitorque Model QX Series actuator in this contract is estimated at $10,000.
The estimated total cost for the construction portion of this project is $6,000,000. The cost of the requested brand-name requirement for the Flowserve Limitorque Model QX Series Actuator in Contract 3D (Ocean Beach Well Relocation) is estimated at $10,000.00. The period of performance for the base contract is 260 calendar days.
4. AUTHORITY CITED:
10 U.S.C. § 2304(c)(1), Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements, as implemented by FAR 6.302-1(c), Application for Brand Name Descriptions. In accordance with FAR 6.302-1(c), the Contracting Officer will specify that all offerors be required to procure an item peculiar to one supplier (brand-name item).
5. REASON FOR AUTHORITY CITED:
A. Background:
The Incorporated Village of Ocean Beach (the Village or VOB) has a year-round population of approximately 100 residents and a summertime population of up to 6,000 people. The Village occupies an area of approximately 0.2 square miles and is located in the southwest section of
Suffolk County within the Town of Islip.
Potable water is provided by the Village Department of Water to all entities within the VOB boundaries. The Village water system is comprised of four (4) separate source wells located on two (2) well fields. The VOB operates one (1) 150,000-gallon elevated water storage tank, located at the northeast corner of the Village, on Surf View Walk. The Village water supply system is identified by the New York State Department of Health (NYSDOH) as Public Water Supply ID No. 5103280.
The Village intends to construct this well as part of the VOB water system. This will include construction of a well, pump, chemical feed systems, controls, and electric service.
B. Justification:
The Village of Ocean Beach has standardized its valve operation components across all its facilities to ensure consistency, efficiency, and ease of maintenance. The Flowserve Limitorque Model QX Series Actuator is implemented at other Village-managed facilities, and the staff members are fully trained and experienced in its operation and upkeep.
The Village maintains a stockpile of spare parts and has established supply channels for this equipment, ensuring minimal downtime and streamlined maintenance procedures. Procuring a different actuator model would require additional training, adjustments to existing infrastructure, and an expanded inventory of spare parts, leading to increased costs and operational inefficiencies.
C. Alternatives:
There are no viable alternatives that meet the mission requirements. No viable alternatives will be acceptable to meet the mission requirements of standardized equipment for the butterfly valves throughout the Village due to a difference in maintenance and operation from other manufacturers. Any equipment other than a Limitorque Model QX Series Actuator will not be able to guarantee operational effectiveness.
The only alternative action to ensure standardization of a different manufacturer�s equipment throughout the Village would be to remove and replace the equipment in every existing treatment building with the same system used in this contract which would be a very cost prohibitive effort.
Additionally, a notice of intent to sole source was posted to Sam.gov on 28 March 2025 for fifteen (15) days and received no responses.
D. Impact:
If the J&A is not approved and a different item is provided, rather than the subject item, it will cost the Village more money to maintain this specific system, and train staff to operate and repair various models.
6. EFFORTS TO OBTAIN COMPETITION:
The brand name product has been published as required by FAR 5.201, a Notice of Intent (NOI) to determine sources for this system was synopsized on 13 March 2025. No responses were received for the Notice of Intent. The brand name justification and approval will be posted with the solicitation. As stated in paragraph 5 above, Flowserve Limitorque Model QX Series Actuators are the only brand available to ensure compatibility with the Village�s existing system.
Flowserve Limitorque Model QX Series actuators are available on the open market for purchase and installation by all offerors.
7. ACTIONS TO INCREASE COMPETITION:
This J&A supports a discrete requirement that will end when the project is complete. Therefore, there are no planned actions to increase competition for the requirement covered by this J&A.
8. MARKET RESEARCH:
A Notice of Intent (NOI) to determine sources for this system was synopsized on 13 March 2025. The NOI was published for the required fifteen (15) days on the SAM.gov website beginning 28 March 2025 and closing on 12 April 2025. There were no responses to the NOI.
Additional research was not done besides the NOI.
9. INTERESTED SOURCES:
There were no responses to the NOI posting. The solicitation will be synopsized in accordance with FAR 5.201 and responses will be evaluated per FAR Part 15.
10. OTHER FACTS:
All pertinent facts are included above.
11. TECHNICAL CERTIFICATION:
�I certify that the supporting data under my cognizance which are included in the justification and approval are accurate and complete to the best of my knowledge.�
Name: Tiffany R. Montoya
Title: Technical Manager
12. REQUIREMENTS CERTIFICATION:
�I certify that the supporting data under my cognizance which are included in the justification and approval are accurate and complete to the best of my knowledge.�
Name: Mark F. Lulka
Title: Project Manager
13. FAIR AND REASONABLE COST DETERMINATION:
�I hereby determine that the anticipated cost or price to the Government for this contract action will be fair and reasonable. This determination is based on the Independent Government Cost Estimate, the items being procured, and historical data.�
Name: Francis Cashman
Title: Contracting Officer
14. CONTRACTING OFFICER CERTIFICATION:
�I certify that this J&A is accurate and complete to the best of my knowledge and belief.�
Name: Francis Cashman
Title: Contracting Officer
APPROVAL
Based on the foregoing justification, I hereby approve the brand name requirement for Flowserve Limitorque Model QX Series actuators, estimated at $10,000.00 in support of Contract 3D (Ocean Beach Well Relocation), Ocean Beach, NY as authorized by 10 U.S.C. § 2304(c)(1), the property or services needed by the agency from only one responsible source or only from a limited number of responsible sources and no other type of property or services will satisfy the needs of the agency, implemented by FAR 6.302-1(c), Application for Brand Name Descriptions, subject to availability of funds and provided that the services and property herein described have otherwise been authorized for this acquisition.
Date: Signature:
Francis Cashman
Contracting Officer
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