A.02Sole Source - Emergency Generator-Signed_Redacted.pdf

v4, 5 Jan 2015; previous version obsolete

SOLE SOURCE JUSTIFICATION

(Simplified Acquisition Procedures under FAR Part 13

Not Exceeding $750K)

1. Agency/Contracting Activity: U.S. Army Corp of Engineer, Portland District, 333 SW 1st Ave #200, Portland, OR 97204

2. Description of Action:

Nature: New Requirement Follow-on Requirement Mod to Existing Purchase Order/Contract Number

Pricing: Firm-Fixed Price Funds: OMA

Time & Materials Other Funds: Revolving Funds

Proposed Contractor:

Alturdyne International 660 Steele Street El Cajon, CA 92020 619-440-5531

3. Description of Services or Supplies:

The total estimated value of the proposed action is

Background: The Dredge Yaquina is a U.S. flagged vessel owned by the federal government. The vessel is currently fully inspected under the authority of the U. S. Coast Guard. Requirements for maintaining certificates authorizing the operation of this vessel in U. S. territorial waters. The Dredge Yaquina’s original emergency generator from Alturdyne International received a system upgrade from the OEM, Alturdyne International, in 2016 to comply with Coast Guard regulations.

The OEM authorized technicians have not only the knowledge of the original system and gas turbine engines, but the updated control system as well. Using their authorized technicians ensures the system continues to operate properly and maintain the warranty on the systems being serviced.

Supplies: Provide all parts, materials, and labor for the dredge vessel Yaquina’s annual emergency generator service. All parts shall be Original Equipment Manufacturer (OEM) parts.

4. Authority:

Action using simplified acquisition procedures (select one):

FAR 13.106-1(b)(1): For purchases not exceeding the simplified acquisition threshold (SAT), 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 13.501(a)(1): For actions for commercial supplies or services greater than the SAT but not exceeding $7M, the requirements of FAR 13.501(a) apply to sole-source acquisitions conducted pursuant to Subpart 13.5 (Reference: FAR 13.106-1(b)(2)). Subpart 13.5 is the Test Program for Certain Commercial Items (see 41 USC 1901; or for contingencies see 41 USC 1903)

5. Reasons for Authority Cited:

Justification: The OEM manufacturer, Alturdyne International, owns the proprietary rights to the dredge emergency generator aboard the Dredge Yaquina. Alturdyne International is the only qualified and certified vendor for the emergency generator. Use The control system installed in 2016 for the emergency generator are also proprietary to the manufacturer, Alturdyne International. The emergency generator is crucial for the everyday safety of the crew. Using a different manufacturer may result in damage to the system and void warranty. The generator must also meet the requirements set by the U.S. Coast Guard, which the current design meets.

Impact: The services to be performed are part of the annual maintenance for the emergency generator. This is the backup power source for ship and is crucial for safety. The generator is due for its yearly maintenance to check operating conditions and ensure it starts in the event of power loss. This equipment is mission critical and involves the safety of human life and high value property. The potential impact to the government if the emergency generator fails is ship inoperability. This will result in a loss of production at a rate of $95,000/daily. For this reason, it is necessary for the equipment to be serviced at this time by an Alturdyne International technician or OEM authorized technician. This ensures all equipment will operate correctly and maintain the manufacturer’s warranty.

Alternatives: There are no practical alternatives. Alturdyne International is the only available source having the proprietary knowledge and information relating to the Dredge Yaquina’s gas turbine emergency generator that is required to perform the service. No other known sources can fulfill the Government’s requirement.

6. Actions to Increase Competition: Market research was conducted in an effort to increase competition. However, no authorized companies other than Alturdyne International have been found that possess the required proprietary information to service the emergency generator.

7. Market Research: Only services performed by Alturdyne International can be considered for this annual maintenance due to proprietary information and modifications possessed only by Alturdyne International.

8. Procurement History:

Previous Purchase Order(s) or Contract(s): Yes No

If "Yes", for each purchase order or contract provide:

Purchase order or contract number:

Was action competed? Yes No

If action was not competed, state the cited authority, summarize rationale:

9. Additional Facts and/or Information to support the justification.

N/A

10. Technical / Requirements Certification: I certify that the supporting data under my cognizance which is included in this abbreviated J&A is accurate and complete to the best of my knowledge and belief.

Submitted By: Kathlyn Cantu Position Title: Mechanical Engineer Email address:

Kathlyn.R.Cantu@usace.army.mil

Signature:

11. Fair and Reasonable Price Determination: As contracting officer, I hereby determine that the anticipated cost to the Government for this contract action will be fair and reasonable. Basis for the determination is as follows:

In accordance with FAR 13.106-3(a)(2)(ii) and FAR 13.106-3(a)(2)(vi), the Government will compare the proposal to previous purchases and to the Independent Government Estimate to ensure price reasonableness.

12. Contracting Officer’s Approval (actions less than $750K): I hereby certify that this justification is accurate and complete to the best of my knowledge and belief. Based on the foregoing, I approve this sole source justification subject to availability of funds, and provided that the services and supplies herein described have otherwise been authorized for acquisition.

SIGNATURE:

NAME: Michael Saldana TITLE: Procuring Contracting Officer

CANTU.KATHLYN.R

OSE.1539265810

Dig tally s gned by CANTU KATHLYN ROSE 1539265810 Date: 2021 12 09 13:00:55 08 00

SALDANA.MICHA

EL.E.1173444431

Digitally signed by

SALDANA.MICHAEL.E.1173444431

Date: 2021.12.09 14:47:30 -08'00'