A02 - FAR-Part6-JA Brand Name Paint BHG signed 6 Dec 2021 Redacted.pdf

Control No: SPK-FY22-42

Version – September 2018 FOR OFFICIAL USE ONLY description or other purchase description to specify a particular brand-name, product, or feature of a product, peculiar to one manufacturer does not provide for full and open competition, regardless of the number of sources solicited; and shall be justified and approved in accordance with FAR 6.303 and 6.304.

Two brand name materials are required:

1) - Sherwin Williams: Currently, there are eight BHGs with Macropoxy 646-100 Fast Cure Epoxy by Sherwin Williams. This is a paint coating primarily used as a primer on steel surfaces. It is a primer compatible with the Acrolon Ultra High Performance Polyurethane top coat. This is a coating system which is suitable in marine and submerged environments. There is damage to the coating system that requires removal of surrounding painting system and repaired with the same coating system as existing. The repair coating will have to be an identical material for form, fit and function with the existing infrastructure. No other similar paints can be guaranteed to work with the existing painting system.

2) Acrolon Ultra High Performance Polyurethane - Sherwin Williams: Currently, there are eight BHGs with Acrolon Ultra High Performance Polyurethane by Sherwin Williams. This is a paint coating primarily used as a topcoat for steel surfaces. It is compatible with the Macropoxy 646-100 fast cure epoxy primer. This is a coating system which is suitable in marine and submerged environments. There is damage to the coating system that requires removal of surrounding painting system and repaired with the same coating system as existing. The repair coating will have to be an identical material for form, fit and function with the existing infrastructure. No other similar paints can be guaranteed to work with the existing painting system.

No technical data packages, specifications, engineering descriptions, statements of work or purchase descriptions suitable for full and open competition exist or are available due to the proprietary nature of these products. The manufacturers that engineered, designed, and manufactured these materials are not known to have made their proprietary technical information for these commercial, and application-specific items available commercially, and no form, fit, or function equivalent item technical data is known to be available, and there are no known planned efforts to remedy this condition.

No viable alternatives to the required brand name painting system will satisfy agency requirements. There are no technical alternatives, as the time-sensitive work must be performed expeditiously using the specific brand-name supplies identified in this justification document.

The work must be performed now – this civil works infrastructure work cannot be appropriately postponed or suspended due to operational requirements including seasonal low Folsom Reservoir water levels. The required work cannot be de-scoped to a lesser level – only the required brand name products are suitable and can produce a complete and usable project. If this J&A were not approved and we had to use any other brand name productions, the risk of the other paints not adhering to the existing paint on the equipment, which would increase the likelihood of corrosion to the equipment.

6. Efforts to Obtain Competition: In accordance with FAR 5.202(a)(4), this action will not be synopsized.

a. Effective Competition: Because this is a sole source action, effective competition is not applicable.

b. Subcontracting Competition: this sole source with brand name descriptions effort is being awarded to an SBA-certified Small Disadvantaged (8(a)) business

7. Actions to Increase Competition: This J&A is for the brand name paint materials only.

Because the paint must match existing painting system materials, and the paint formulas are proprietary, there are no steps being taken to increase competition on the paint to be used. This work is non-recurring, but also not constructively capable of being included in any known competitive future work requirement due to its unique repair requirements. No other known actions can be taken to improve competition given the unique nature of the required critical civil works infrastructure work scope.

8. Market Research: The Paint is a brand name given the paint system materials already on the existing equipment to be repaired. The work detailed in this Justification and Approval is part of a larger repair contract. The work is all mechanical and civil engineering in nature. Once the scope of this work was determined, coupled with the estimated value of the work, the type of money it is funded by, and the needed time-frame for this work, it was determined 8a sole source is the best acquisition strategy. Once that strategy was approved, SBA was contacted, and was recommended for a direct 8(a) award.

9. Interested Sources:

10. Other Facts: None

11. 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.

Date:

Technical Lead Engineer Signature

12. 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.

Senior Project Manager Signature:

13. Fair and Reasonable Cost Determination: I hereby determine that the anticipated cost or price to the Government for this contract action will be fair and reasonable. Cost or price to the government will be determined via comparison of the negotiated agreement in comparison to the Independent Government Estimate. Cost Analysis techniques may be used as necessary to support a Fair and Reasonable cost determination. Certified Cost or Pricing Data shall not apply to this procurement, where the estimated cost of construction is less than the $2M threshold to provide Certified Cost or Pricing Data.

This determination will be made using the following: cost analysis price analysis should cost IGE audit: other:

As a part of this basis, certified cost or pricing data:

will be required.

will not be required and the following exception applies (FAR 15.403):

Prices that will be agreed upon are based on adequate price competition.

Prices that will be agreed upon are based on prices set by law or regulation.

A commercial item is being acquired.

A waiver has been granted by the head of the contracting activity (HCA) in accordance with DFARS PGI 215.403-1.

The contract action is a modification to a contract or subcontract for commercial item(s).

The estimated cost of the contract action is less than the threshold for certified cost or pricing data.

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

Contracting Officer Signature:

Approval Signature Block

Based on the foregoing justification, I hereby approve the procurement of Sherman Williams Paint, for the estimated amount of on an other than full and open competition basis pursuant to the authority of 10 U.S.C.2304(c)(1) as implemented by FAR Part 6.302-1 -- Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements, subject to availability of funds, and provided that the services and property herein described have otherwise been authorized for acquisition.

Contracting Officer: Signature: