A15_Justification_for_Brand_Name_Products.pdf

Justification for Brand Name Products

Date: October 26, 2021

Project: YELL Mammoth Hot Springs Sewer Lift Station Pump replacement

1. Identifications

a. Agency: National Park Service

b. Contracting Office: Northern Rockies Major Acquisition Buying Office

2. Description of the action being approved:

The National Park Service (NPS) shall be soliciting for replacement sewer lift station pumps for Mammoth Hot Springs. The documents included with the solicitation call for specific brand name products that are peculiar to one manufacturer. This written justification provides approval for limiting competition to the listed brand name products as authorized by the Federal Acquisition Regulations (FAR).

3. Description of supplies and services:

Brand Name Patterson Pumps NCS Series Quantity EACH:

• Two- Patterson 4x3x12 NCS Pumps with motor.

• Two- 4-inch Flomatic Model 745BF check valves (backflow model)

• Four- 4-inch Flomatic Model 544 plug valve with operating nut and handle

• Two- 3-inch X 4-inch cast iron flanged concentric reducers

• One- 4” X 4” X 4” Flanged Ductile Iron 150 # Tee

4. Authority:

a. 41 U.S.C. 253(c)(1): Only one responsible source and no other supplies or services will satisfy agency requirements.

b. FAR Part 11.105: The Brand Name products are essential to the Government’s requirements, and market research indicates other companies’ similar products do not meet and cannot be modified to meet the agency’s needs.

c. FAR 6.302-1: The use of the name brand products are essential to the Government’s requirements, thereby precluding consideration of a product manufactured by another company.

5. The description of the product’s unique qualifications or the unique nature of the acquisition:

Market Research hs determined that a Patterson 4x3x12 NCS Pump fits into the existing infrastructure of the Mammoth Hot Springs sewer lift station with minimal retrofit of existing plumbing and piping. This is an urgent and emergency situation. YELL is currently operating on one sewer pump with no back up. A total reengineering of the lift station at this time would exceed available government funds for this project. The Mammoth Hot Spring lift station services 60 park residences. At current housing levels we have no more than two days of storage in our over flow tank should we have another catastrophic pump failure. Existing pumps are obsolete, not supported, or manufactured at this time.

6. Efforts to obtain competition:

a. Efforts to ensure offers are solicited from as many potential sources as is practicable:

For acquisitions over $25,000 the solicitation will be issued on the Government’s Point of Entry, Sam.gov.

b. Presolicitation notice per FAR 5.2:

For acquisitions over $25,000 a presolicitation notice shall be posted on the Government’s Point of Entry, Sam.gov unless the exception noted at FAR Part 5.202(a)(13) applies. An Exception applies to this requirement so a presolicitation notice will not be posted.

United States Department of the Interior

NATIONAL PARK SERVICE

INTERMOUNTAIN REGION

CONTRACTING PROGRAM

7. Determination that costs will be fair & reasonable:

Government will verify the price for the product is fair and reasonable by comparing to similar previous contracts on FPDS and through competitive quotes.

8. Description of the market research conducted:

Describe the research that was done to verify no other products can meet the Government’s need and to verify no other products could be modified to meet the Government’s needs. Market Research resulted in the need for a Brand Name requirement. A determination was made by Yellowstone Staff to include the Facility Manager Utility System Operations that other manufactured pumps require a 40 to 50 horsepower motor to meet the needed flow and pumping elevation. Larger horse power motors would not fit into the existing pump controls requirements. Modified products increase the risk for wastewater discharge to the Gardner River.

9. Other facts supporting other than full & open competition:

a. Reason why documents suitable for full & open competition have not been developed:

List why similar none name brand products will not meet your requirement.

Market Research conducted indicated that meeting pump duty requirements, of 600 gallons per minute at a maximum of 120 total dynamic head, is possible with the Patterson 4X3X12 NCS pump paired with a 30 horse power motor. Because Larger horse power (hp) motors, i.e., 40 to 50 hp, would not fit into the existing pump controls requirements a complete control panel rebuild would be required. At this time, it is not in the best interest of the government to completely rebuild the control panel to adapt to larger horse power motors. The Patterson pump also allows flexibility for growth with different impellor trim kits while keeping the existing 30 hp motor.

b. Data, estimated costs or other rationale as to the extent or harm to the Government:

Detail the economic impact on the government if they do not procure this name brand product.

A 24-hour Lift Station bypass operation would be necessary should a catastrophic failure of the remaining pump, or new modified pump, occur. Current staffing levels do not support this type of operation. Should a total failure occur, wastewater to discharge to the Gardner River may occur. The NPS is charged with being stewards to park resources and any willful or negligent discharge of wastewater to our waterways is a violation of NPS mission and multiple state and federal regulations.

10. Interested Sources:

11. Actions to remove barriers to competition in the future for similar acquisitions:

Any requirement for pumps in the future will undergo consideration for pumps that allow for various fittings and adjustable horse power motors would fit into the existing pump controls.

12. Certifications:

Technical / Requirements Certification:

I certify that any supporting data that is the responsibility of technical or requirements personnel (i.e. verifying the Government’s minimum needs or schedule requirements or other rationale for other than full and open competition) and which form a basis for the justification have been certified as complete and accurate:

(Signature)________________________________________ (Date) ___10/27/2021___________

(Type or Print Name): __Jason Murphy_______________________________________

Russell Industries Inc. PO Box 2990 Casper, WY

(Title): Facility Manager Utility System Operations

Up to $25,000

I certify that the justification is accurate and complete to the best of my knowledge and belief:

(Signature) _______________________________________ (Date) _______________________

(Type or Print Name): __________________________________________________

Contracting Officer

Reviewed by MABO Lead (exceeding $25,000):

(Signature) _______________________________________ (Date) _______________________

(Type or Print Name): _________________________________________________

Lead Contracting Officer

Reviewed/Concur/Approved by: (exceeding $150,000)

(Signature) _______________________________________ (Date) _______________________ (Type or Print Name): _________________________________________________ Regional or Center Chief of Contracting

Approved by: (exceeding $150,000)

(Signature) _______________________________________ (Date) ______________________ (Type or Print Name): _________________________________________________ Bureau Competition Advocate