A.02.08 JA Brand Name (DWA Restroom Retrofit Materials) FINAL.pdf

Control Number: 21-0070 CUI

CUI

JULY 2021

Brand Name Justification and Approval Review Document Under FAR 13.106-1

Program/Equipment: Sloan Royal Components for Dworshak Project Restroom Retrofit

Authority: Federal Acquisition Regulation 13.106-1(b)(1)(i), Soliciting from a single source. (1) For purchases not exceeding the simplified acquisition threshold. (i) 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).

Amount: The estimated cost of this requirement is below the simplified acquisition threshold (SAT).

Prepared by:

Typed Name: Richard Harvey

Title: Contract Specialist

Contracting Officer:

Typed Name: Brooke Moore

Technical Representative:

Typed Name: Kelly Gardner

Reviews

I have reviewed this justification and find it adequate to support other than full and open competition.

Legal Counsel

Typed Name: Theresa Hampson

Signature: _________________________________

HAMPSON.THERE

SA.L.1374580937

Digitally signed by

HAMPSON.THERESA.L.137458093

Date: 2021.08.03 14:00:18 -07'00'

Sloan Royal Components for Dworshak Project Restroom Retrofit

Single Source (Brand Name) Justification and Approval Review Document Under FAR 13.106-1

1. Contracting Activity: U.S. Army Corps of Engineers, (USACE), Walla Walla District (CENWW-CT), 201 North 3rd, Walla Walla, WA 99362.

2. Description of Action: This action is for a new Firm Fixed Price (FFP) contract to purchase Sloan Royal flushometers for Dworshak Project facility and recreation areas restrooms. This action meets the definition of a commercial item as defined in FAR

2.101. This action will be funded by approved CARES Act funds.

3. Description of Supplies/Services: This action is for the procurement of Sloan-brand, Royal-style flushometers to convert concealed toilet and urinal fixtures at Dworshak recreation sites and publicly accessed buildings from handle flush operation to hands-free, motion-sensor operation. Below is a description of the required items:

Mfgr Description Qty

Sloan

Sloan Royal Flushometer for concealed-mount, rear-spud urinals. Hard-wired, motion sensor operated, with button for override flush and 24-hour courtesy flush. Several versions of this product meet the specification

The estimated total value of this action is below the simplified acquisition threshold

(SAT).

4. Authority Cited: Federal Acquisition Regulation 13.106-1(b)(1)(i), Soliciting from a single source. (1) For purchases not exceeding the simplified acquisition threshold. (i) 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).

5. Reason for Authority Cited: Dworshak Dam, with its peripheral buildings, was commissioned for operation in 1973. Plumbing fixtures were installed at that time, as well as during the follow-on construction contracts to build recreation areas. All flushometers for all toilets and urinals on the Project are Sloan Royal flushometers with handle operation.

The Project is replacing hand-operated restroom equipment with hands-free, motion-sensor-operated devices to improve sanitation and reduce the spread of germs and disease at its recreation sites and publicly accessed buildings, such as the Visitor Center.

Of the approximately 47 waterborne toilets and urinals at Dworshak Project, just seven have concealed flushometers (hidden in the pipe chase behind the restroom wall).

These seven flushometers must be replaced, as an extensive internet search turned up no retrofit kits are available for concealed flushometers. It is in the best interest of the Government to replace these seven with the same make and style as all the remaining flushometers that are not being replaced, to maintain consistent maintenance regimens and usability of spare parts maintained in the Project warehouse.

6. Efforts to Obtain Competition: Sloan products are prevalent in the industry, and almost every distributor of hardware, plumbing, and building supplies carries their products. As this is a supply contract, with partial installation, it is anticipated a number of small business general contractors will be interested in providing these materials and performing this work.

7. Actions to Increase Competition: The solicitation will be published nation-wide on SAM.gov, and at least 10 small business contractors within the responding region will be notified when the solicitation is posted.

8. Market Research: Internet searches have shown that there are no retrofit kits available to convert concealed flushometers to hand-free, so these flushometers must be replaced.

9. Interested Sources: Sloan restroom products are widely used and available through most building material supply wholesalers and retailers. Contractors that would be interested in this contract will have no difficulty obtaining the Sloan Royal style units required.

10. Other Facts:

a. Procurement history. The flushometers being replaced were purchased and installed during original construction of Dworshak Dam and follow-on construction contracts to develop recreation sites. These units have been replaced or repaired individually, as needed, via micro purchase processes over the life of the Project.

b. Other facts: There are no additional facts or information relevant to this procurement.

11. Technical and 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.

Signature: ________________________________

Typed Name: Kelly Gardner

Title: Contract Performance Specialist, Dworshak Project

12. Fair and Reasonable Cost Determination and Contracting Officer Approval:

I hereby determine that the anticipated cost to the Government for this contract action will be fair and reasonable.

This determination is based on a combination of market research and the budgetary estimate provided by Dworshak Project staff. The budgetary estimate is well below the simplified acquisition threshold and adequate competition is expected due to the many small business vendors that carry and distribute these common Sloan products.

Additionally, certified cost or pricing data is not required per FAR 15.403.

Based on the foregoing justification, I hereby approve the procurement of seven Sloan Royal Flushometers with a total value estimated below the simplified acquisition threshold (SAT) on an other than full and open competition basis pursuant to the authority Federal Acquisition Regulation 13.106-1(b)(1)(i), subject to availability of funds, and provided that the services and property herein described have otherwise been authorized for acquisition.

Signature: ________________________________

Typed Name: Brooke Moore

Title: Contracting Officer