A.02.08 Limited Source Determination.pdf

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Control Number: 23-0022

LIMITED SOURCE DETERMINATION

Far Subpart 13.106-1(b)

1. CONTRACTING AGENCY: US Army Corps of Engineers, Walla Walla District, 201 N. Third Ave, Walla Walla, WA 99362

2. DESCRIPTION OF THE ACTION: A brand name justification is being sought to provide a commercial item from a vendor who can supply Waterman Stainless Steel Slide Gates, model SS-251. These Waterman Slide Gates are designed to encompass originally installed Waterman Canal Gates that are encased in concrete at the Juvenile Fish Facility (JFF) Raceways at Lower Granite Dam.

3. DESCRIPTION OF THE SERVICES/SUPPLIES: Approval is being requested for a new firm-fixed-price, brand name purchase order for the delivery of a total of Nine (9) Waterman Stainless Steel Slide Gates.

Brand Name: Waterman Model Description: Stainless Steel Slide Gate Model No. SS-251

The estimated costs of this purchase are below the simplified acquisition threshold

(SAT).

4. AUTHORITY CITED:

FAR 13.106-1 (b) Soliciting from a single source. (1) 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 Particular 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. REASON FOR AUTHORITY CITED:

A. JUSTIFICATION: Brand name. Waterman is the only manufacturer of a slide gate specifically designed to encase the spigot/seat of a waterman canal gate that has reached the end of its life. This allows for retrofit of a canal gate with a slide gate while avoiding costly removal and concrete repair. Additionally, a single Waterman slide gate has been installed to address a failing canal gate in a previous season at our JFF. This was done as a test to prove the new slide gate would function as required.

The evaluation of form, function and retro fit was successful. Procuring Waterman

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B. IMPACT:

Do Nothing: The installed canal gates in the JFF raceways are nearing the end of their life. They were installed during original construction of the JFF, c1970.

Continuing to operate raceways with the originally installed canal gates with increasing operating effort and increased leakage rates will place Endangered Species Act (ESA) listed juvenile salmon and steelhead at risk due to diminished flow control within the individual raceways.

Duplicate Existing Technology: The current Waterman canal gates that were installed at original construction have gate seats that are integral to the gate spigot and are embedded in the concrete of the raceways. Significant demolition and repair/reconstruction would be required to replace these canal gates with other available brand options. The scope of this work is large enough that it would be beyond the capabilities of the Lower Granite crews and would be extremely expensive to perform as a construction contract.

Take the Recommended Action: Installation of new Waterman slide gates will provide improved water flow control through the JFF raceways ensuring that ESA listed juvenile fish are able to be processed properly.

C. ALTERNATIVES: Project staff have stated to the best of their knowledge and research, the proprietary Waterman slide gates with dimensions that specifically allow for encompassing a Waterman canal gate seat/spigot. Another brand slide gate was discovered during Market research conducted, but the company was not able to provide assurance that the slide gate would be able to mount over the existing canal gate seat/spigot.

6. DETERMINATION OF FAIR AND REASONABLE COSTS: A price analysis will be completed after receipt of quotation based on historical pricing and the IGE. No award will be made unless prices may be determined fair and reasonable.

7. EFFORTS TO OBTAIN COMPETITION: Since the product, with the specific dimensions required, is only manufactured by Waterman, there is no direct product competition. However, Waterman products are available through various dealers, allowing for some price competition.

8. MARKET RESEARCH: The Waterman Stainless Steel Slide Gates are available from multiple small business vendors.

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Technical 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.

Name/Title: William Powell, Chief of Maintenance, LLA Signature: ____________________

Prepared by: Ruth Johnson Title: Contract Specialist Signature: ____________________

DETERMINATION: In accordance with the authority of 10 U.S.C. 2304(c)(1), as implemented by FAR 13.106-1(b) and based upon the foregoing, I hereby determine that a brand name procurement is authorized and is in the best interest of the Government.

Approved by: Brooke Moore Title: Contracting Officer Signature: ____________________

Reviewed for legal sufficiency: Theresa Hampson Title: Deputy District Counsel Signature: _____________________