A.04.33 KO Determination - Limiting Competition under SAT.pdf

Control No: LRH-FY22-16

Limiting Competition at or below the Simplified Acquisition Threshold

1. Contracting Activity: USACE, Huntington District, 502 8th Street, Huntington, WV 25701

2. Description of Action: Gatehouse Roof Tile Removal/ Shingle Replacement & Chimney Brick work/Tuck point, Atwood Lake Dam. Mineral City, Ohio

Nature: New Requirement Follow-on Requirement

Contract Vehicle: Purchase Order W9123722Q0058 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) CG funds Other Funds:

FY: 2022

Name of Proposed Contractor(s) and Address:

There is not a specific Contractor that must be utilized; however, due to compliance with the State Historic Preservation Office of Ohio, the Contractor must use LUDOWICI Ludoslate or equal clay tiles.

To be considered equal it must be:

A clay tile conforming to ASTM C-1167 specifications A minimum Grade 1 tile with water absorption less than 2% A minimum 75-year warranty against color fading and manufacturing defects) Slate Red in color Interlocking tile and ridge cap shall be installed in strict accordance with the manufacturer's specifications by experienced workmen.

Brand Name Buy: Yes No

3. Description of Services or Supplies: Replace the roof at the Gatehouse located at Atwood Lake Dam, Mineral City, Ohio. Old roof must be removed down to the roof decking concrete panels, inspect the chimney brickwork and remove all cracked or broken bricks and replace with new bricks to match existing, Next, must perform tuckpoint to seal all mortar cracks, Cover entire roof with plywood, cover with membrane and finally with approved tiles Approved sealant to be applied as stated in statement of work.

Contractor must use LUDOWICI Ludoslate or equal clay tiles. This product specified because it has to be in compliance with the State Historic Preservation Office of Ohio as that was the original material on the roof at construction of the structure.

Period of Performance: NTP + 60 days

Total Value: $ xx,xxx.xx

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:

Contractor must use LUDOWICI Ludoslate or equal clay tiles. This product specified because it has to be in compliance with the State Historic Preservation Office of Ohio as that was the original material on the roof at construction of the structure. Since this gatehouse is considered a historical property, the Ludoslate tile or equal must be used

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 dollar 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: Market research was conducted using the Dynamic Small and NAICS Code 238160. For the state of Ohio, thirty-eight (38) potential small business contractors appeared to be able to perform this task. For this reason, this procurement is being set-a-side for 100% Small Business.

8. Other Facts: All facts are listed above.

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.

1/28/2022

Jason Prince, Assistant Operations Mgr. Date

10. Contracting Officer Certification/Approval:

I hereby determine that the anticipated cost or price to the Government for this contract action will be fair and reasonable based upon price analysis that will be determined by completing a Determination of Fair and Reasonable Price Analysis.

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.

1/28/2022

Kristin Blake, Contracting Officer Date