A.02_JA Brand Name or Equal Totem_For Release.pdf

NWP-21-015

Justification & Approval for Other Than Full and Open Competition

1. CONTRACTING AGENCY

U.S. Army Corps of Engineers (USACE) – Portland District (NWP), A-E/Construction Branch (CECT- NWP-C), located at 333 SW 1st Avenue, Portland, OR 97204.

2. DESCRIPTION OF ACTION

This justification and approval is for other than full and open competition to for the application of brand-name or equal requirements contained in the plans and specifications for Totem Trailer Park, Talent, Oregon FEMA site prep (Totem), under solicitation number W9127N21B0015. This documentation only applies to the portion of the solicitation that specifies brand-names or equal requirements.

3. DESCRIPTION OF SUPPLIES/SERVICES

The purpose of this contract is to provide construction services in accordance with the Presidential National Emergency Declaration. The work requires the contractor to furnish all materials, equipment, labor, layouts of work features, and supervision needed to construct a temporary community site consisting of approximately 27 group site pads. The selected site needs to be developed to operational status so that manufactured homes may be placed on site pads. Work includes demolition and removal of all above-ground and incidental below-ground utilities remains; removal of concrete pads, stumps, and several trees; topsoil backfill; constructing manufactured home gravel pads and gravel parking pads; minor and incidental positive storm water drainage; trenching and backfilling for utilities; installation of potable water lines, sewer lines, and electric power service; saw cutting of asphalt and repaving for utility installation; and installation of fencing and bollards. Water and sewer are available from existing adjacent service. Below grade electrical conduit will be installed as part of this contract. The total estimated value of this procurement is . The period of performance for the contract is 24 calendar days after notice to proceed for construction completion, with required performance to begin immediately to meet this schedule.

The brand name item is a Fireline (F2) water meter made by Sensus. This is a water meter designed for use on large water lines for fire protection or commercial applications. This project utilizes the meter on a water line, feeding multiple fire hydrants on the property and will allow the water department to track and bill for water usage on this line. The City of Talent has a required standardization for the meter reading systems. Additional details can be found in the Justification section below.

The brand name requirement identified below is estimated at .

4. Authority Cited

10 U.S.C. § 2304(c)(1), as implemented by FAR 6.302-1(c), Only one responsible source and no other supplies or services will satisfy agency requirements;

application for brand name descriptions.

5. Reason for Authority Cited

Background: On 10 September 2020 a Presidential Declaration of Emergency was issued under the authority of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (FEMA-3542-EM). This declaration provided for emergency protective measures for Clackamas, Douglas, Jackson, Jefferson, Klamath, Lane, Lincoln, Linn, Marion, Tillamook, and Washington Counties in response to the ongoing wildfires. FEMA is providing MHUs in order to provide temporary housing for those that have been displaced. Multiple locations across Oregon have been identified as able to support MHUs and travel trailers (TTs), however site preparation must be done in order to support the MHUs and TTs.

FEMA provided USACE-NWP with a Mission Assignment on 17 November 2020 to provide assistance with the site development, construction, and installation of utilities. This work will be accomplished under the Stafford Act requiring award to local firms and has been done previously through FEMA for other locations throughout the United States.

Justification: In accordance with FAR 6.302-1(c)(1)(ii), the Contracting Officer has determined only one source is reasonably available for the following brand-name or approved equal specifications: Omni Fireline (F2) water meter by Sensus. The fire hydrant water line at this location will connect to the city’s system. The City of Talent has required standardization of the meter reading systems. Once installed, this will be a City owned fire service meter that will be required to be read by the City of Talent. The meter reading system the city has in place requires this brand of meter to ensure consistency and avoid redundant meter reading platforms, removing additional costs to the city to procure. This procurement is in support of a Presidentially declared emergency and the purpose of the mission is to support local displaced families and the cities impacted by the wildfires. As such, brand name or equal requirements were identified.

Impact: Not providing the brand name information to potential offerors could result in unacceptable additional costs to the city of Talent to ensure their ability to monitor the water meter.

6. EFFORTS TO OBTAIN COMPETITION

The City of Talent has stated that there are no other meter systems that match their in-place meter reading system.

7. ACTIONS TO INCREASE COMPETITION

Due to the urgency of this mission, the Government was not able to identify any other manufacturers capable of meeting the required performance and schedule constraints.

8. MARKET RESEARCH

In accordance with FAR 10.001(a)(2), market research was conducted for this requirement, and Omni Fireline water meters by Sensus was identified as a capable firm for providing the required supply.

9. INTERESTED SOURCES

N/A

10. OTHER FACTS

N/A

APPROVAL:

Based on the foregoing justification and in accordance with FAR 6.302-1(c), I hereby approve that the use of brand-name or equal specifications for the site preparation requirement in Talent, Oregon is justified.

Cory Pfenning (date in electronic signature) Contracting Officer

USACE-NWP