A02.05_KO Determination for Brand Name.pdf

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Zorn LWD Asphalt Tester Device
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W912HZ23Q4082
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This document is a brand name justification for a sole source contract award. The U.S. Army Corps of Engineers Engineer Research and Development Center requires purchase of a Zorn Asphalt Tester 3000 device from Zorn Instruments to assess the dynamic modulus of asphalt concrete layers for pavement evaluations. As the Zorn Asphalt Tester 3000 was designed specifically for this purpose and no equivalent products exist, only this brand and model can meet the agency's needs. The contracting officer certified the justification is accurate and complete. A related solicitation was also provided to acquire this device from Zorn Instruments on a sole source basis.

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CUI

(Source Selection Information – See FAR 2.101 and 3.104-4)

Brand Name Determination Zorn Asphalt Tester 3000

1. Contracting Activity: The agency making this acquisition is the U.S. Army Corps of

Engineers (USACE) Engineer Research and Development Center (ERDC), Geotechnical and Structures Laboratory (GSL), the contracting office is located at the U.S. Army Engineer Research and Development Center (ERDC), and Airfields and Pavements Branch (APB), 3909 Halls Ferry Road, Vicksburg, MS 39180-6199.

2. Description of Action: This determination seeks approval to award a new Firm Fixed

Price (FFP) contract on a brand name basis pursuant to procedures at Federal Acquisition Regulation (FAR) 13.106-1(b) to purchase Zorn Asphalt Tester 3000.

3. Description of the product required to meet the agency’s needs: The APB team needs to evaluate a portable evaluation tool to assess the structural condition of flexible pavements, particularly the asphalt concrete layer. Our research team has identified the Zorn Asphalt Tester 3000 as a portable and practical pavement evaluation tool that can be readily implemented to determine the properties of the asphalt concrete layer. The testing mechanism of the Zorn Asphalt Tester 3000 is comparable to that of traditional lightweight deflectometer (LWD) with the exception that the Zorn Asphalt Tester 3000 is designed to assess the dynamic modulus of the asphalt concrete layer. In addition, the Zorn Asphalt Tester 3000 can measure the temperature of the asphalt layer and introduces a correction process for the dynamic modulus of the asphalt layer if the temperature is outside the threshold.

4. Authority Cited: FAR 13.106-1(b), 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: In accordance with FAR 13.106-1(b)(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 (e.g. brand name) reasonably available.

Background: The APB team relies on performing the falling weight deflectometer (FWD) as a nondestructive testing method for airfield pavement evaluation. While the FWD is a very robust piece of equipment that has been widely used for decades, access to this evaluation tool is limited at contingency environments where the US Department of Defense (DoD) possess several asphalt pavements. Nonetheless, contingency mission planners require information regarding the pavement structural condition to properly strategize aircraft operations. Current pavement evaluation practices only provide information regarding the condition of the subsurface layers of asphalt pavements (including base, subbase and/or subgrade). A field test method has not been yet adopted to determine the properties of the asphalt concrete layer, which

(Source Selection Information – See FAR 2.101 and 3.104-4) is a critical need to effectively predict asphalt pavement performance. Therefore, the APB team has been investigating pavement evaluation tools that can be readily implemented to assess the structural condition of airfield pavements, particularly for characterization of the asphalt layer of flexible pavements.

Justification: From ongoing research efforts, APB has already evaluated the standardized LWD test, which has shown potential as a practical, portable, and deployable field tool for pavement evaluations. However, the standardized LWD test was originally developed to assess the properties of subsurface pavement layers such as base, subbase and subgrade. Zorn Instruments, who is represented by Kessler Soils Engineering in the US, recently developed a new version of the LWD that is applicable to evaluate the properties of asphalt concrete layers. The new version of the LWD is referred to as “Zorn Asphalt Tester 3000.” The configuration of the Zorn Asphalt Tester 3000 was designed to ensure the impact force applied to the asphalt pavement is primarily induced to the asphalt concrete layer. The Zorn Asphalt Tester 3000 is also a portable field test method that can be easily implemented for pavement evaluations during contingency missions. APB team is interested in investigating the potential adoption of the Zorn Asphalt Tester 3000, which in combination.

6. Efforts to Obtain Competition: Several vendors resell the Zorn Asphalt Tester 3000 products, therefore adequate competition is anticipated.

7. Determination that costs will be fair and reasonable: The independent government estimate, catalog prices, price competition, and the laboratory’s technical representative’s knowledge of the industry will be used to determine if the quoted price is fair and reasonable.

8. Description of Market Research: Market research has been conducted for this acquisition utilizing historical acquisition information, review of Government and commercial sources for relevant information, and review of other internet sources. The resulting market research found that the products required to meet the Government’s need are commercial items and more than one vendor is capable of providing the items required to meet the Government’s need.

9. Contracting Officer Determination: I certify that this justification is accurate and complete to the best of my knowledge and belief.

Allison Hudson Contracting Officer

2023-08-24T11:15:39-0500
HUDSON.ALLISON.BLAIR.1368751614

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