A.02.06 JA_Sparling Instruments Model FM656 Tigermag EP Electromagnetic Flow Meter_Signed (2).pdf

CONTROL NO. 25-028

JUSTIFICATION REVIEW DOCUMENT FOR OTHER THAN FULL AND OPEN COMPETITION

CONTROL NO. 25-028

PROJECT/EQUIPMENT: FIMI (Fire Island Moriches Inlet), Contract 3D (Ocean Beach Well Relocation), Ocean Beach, NY/ Sparling Instruments Model FM656 Tigermag EP Electromagnetic Flow Meter

AUTHORITY: 10 U.S.C. § 2304(c)(1) AMOUNT: $7,000.00

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:

Sparling Instruments Model FM656

Tigermag EP Electromagnetic Flow Meter

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 Sparling Instruments Model FM656 Tigermag EP Electromagnetic Flow Meter 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 Sparling Instruments Model FM656 Tigermag EP Electromagnetic Flow Meter in this contract. This equipment is used to measure the flow of conductive liquids in full pipes. The Sparling Instruments Model FM656 Tigermag EP Electromagnetic Flow Meter is already in use at other Incorporated Village of Ocean Beach (the Village or VOB) facilities. The estimated cost of the requested brand-name requirement for the Sparling Instruments Model FM656 Tigermag EP Electromagnetic Flow Meter in this contract is estimated at $7,000.

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 Sparling Instruments Model FM656 Tigermag EP Electromagnetic Flow Meter in Contract 3D (Ocean Beach Well Relocation is estimated at $7,000.00. 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 flow meter systems across all its facilities to ensure consistency, efficiency, and ease of maintenance. The Sparling Instruments Model FM656 Tigermag EP Electromagnetic Flow Meter 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 or substitute 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 flow meter systems throughout the Village due to a difference in maintenance and operation from other manufacturers. Any magnetic flow meter other than FM656 Tigermag EP magnetic flow meter 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, Sparling Instruments Model FM656 Tigermag EP Electromagnetic Flow Meters are the only brand available to ensure compatibility with the Village�s existing system. Sparling Instruments Model FM656 Tigermag EP Electromagnetic

Flow Meters 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 Sparling Instruments Model FM656 Tigermag EP Electromagnetic Flow Meters, estimated at $7,000.00 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