A.02.06 - KO Determination - Limiting Competition under SAT - 21-Q-0123 - Signed.pdf

Control No: LRH-FY21-59

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

1. Contracting Activity:

USACE, Huntington District, CELRH-DCT-C, 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 (insert percentage of each contract type)

Funds: Operations & Maintenance, Army (OMA) Other Funds: _

FY: 2021

X

X

X

X

Name of Proposed Contractor(s) and Address:

Brand Name Buy: X Yes No

3. Description of Services or Supplies:

Furnish all equipment, material, labor, supplies, and supervision needed to provide and install new potable water valves, pressure reducing valves, flow meters, manhole replacement, culverts, a new water service, and other related appurtenances at the Battle Run Recreation Area and Campground. Water meter shall be a Sensus Omni T2 water meter configured to Wilderness PSD remote read requirements.

Period of Performance: Project shall be complete within 60 days of work commencement.

Total Value: $ 3,000.00

4. Authority: Select the appropriate authority below:

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:

For a brand name restriction - brand name specifications shall not be used unless the particular brand name, product, or feature is essential to the Government’s requirements. Explain why the brand specified is the only brand that will meet the Government’s needs.

Attempts to negotiate a contract with the water company to relocate the new tap and meter was unsuccessful as the water company currently does not have the capacity to perform the work. The water company desires for the government to accomplish the work to their specifications. Subsequently, the water company will maintain the equipment after it is installed (to the meter). The meter must be operable and compatible with the existing remote read system consisting solely of Sensus meters throughout the entire system. If another brand is used, it will not be able to communicate to the remote read equipment, creating a negative impact on the meter reading program and the water company’s ability the adequately maintain the system.

X

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 $ threshold, apply and will be followed, or do not apply due to an exception at

5.202 ______________________. (Fill in exception).

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: Describe the type, extent of the market research conducted to identify all qualified sources and the results thereof. In accordance with AFARS 5110.002, market research must be meaningful, complete, and current. Provide the timeframe in which market research was completed and who compiled the data. If the requirement is a brand name specification, market research must support that other companies’ similar products, or products lacking the particular feature specified, do not meet, or cannot be modified to meet, the agency’s needs:

Water meters (for a utility company) are different than just a flow meter. The issue is reading” of the meter. Water companies don’t open your meter box and physically write down the numbers from an analog display. They use electronic systems to either read the meter by running a probe over a sending unit, usually mounted on the top of the meter box, or be close enough to it with a receiving unit in a car. Most companies now “read meters” by just driving by them. This is where it becomes proprietary. The electronics that are used to transmit from the encoder (built in the meter) to the receiver (in a vehicle) are by the same company. These are proprietary from the meter all the way to the billing software the Utility uses to print the water bill. Wilderness PSD uses the Sensus brand meters, encoders, transmitters, receivers, and software. The Sensus brand is the only way for them to read a meter with their remote read system.

X

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.

JOSEPH M. MCCALLISTER, P.E., Environmental Engineer Date

10. Contracting Officer Certification/Approval: This certification should be made by the Contracting Officer who will sign the contract resulting from this justification memorandum.

I hereby determine that the anticipated cost or price to the Government for this contract action will be fair and reasonable based upon the water company read system and the remote read requirements.

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 subject to the availability of funds and provided that the services or supplies herein described have otherwise been authorized for acquisition.

ROY G. MASSEY, Contracting Officer

Date

31 Aug 2021

31 Aug 2021