ATTACHMENT 4- JA Brand Name Form W912BU21Q0015 FINAL.pdf

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5. Reasons for Authority Cited (including the qualifications of the proposed contractor to meet the requirements):

Items a & b

The vessel currently has a Furuno navigation system installed. To increase the efficiency of the GELBERMAN's mission, additional Furuno equipment and Rose Point software is being purchased to upgrade the navigation system to allow for AIS information to be overlayed on the radar display. In order for the equipment upgrades to work with the currently installed system, they need to come from the same manufacturer of the system which is Furuno.

Item c

Rose Point Electronic Charting Software is a preapproved US Army Corps of Engineers software that can be obtained through the USACE App Portal. This software is also used to train USACE operators which will reduce or eliminate the cost of training. Using this software will also reduce the potential collision risk associated with learning a new navigation software.

Item d

The vessel is currently coated with a marine coating system from Sherwin-Williams. It is standard practice to utilize and maintain the same manufacturer for the entire coating system to ensure product compatibility, proper application, and maintain the coating system warranty.

The scope of the work only includes spot repairs and surface cleaning in accordance with SSPC- SP7 “Brush-Off Blast Cleaning.” The current coating system is not in need of full replacement, and the intent is to maintain the existing coating system, clean the surface, and renew the coating in specified areas. In order to utilize an alternate manufacturer and coating systems, the existing coating system would have to be completely sandblasted off, down to near white metal, for the new system to be properly applied. This is outside the scope of this project and therefore the current coating system products need to be utilized for this scope of work.

All of the above products can be sourced competitively through distributors and 3rd party suppliers.

NAP FORM 13, MAY 2019 PREVIOUS EDITIONS ARE OBSOLETE. Page 1 of 2

VERSION 1.5

3. DESCRIBE THE SUPPLIES OR SERVICES REQUIRED (including the estimated value).

5. REASONS FOR AUTHORITY CITED (including the qualifications of the proposed contractor to meet the requirements).

6. DESCRIBE THE MARKET RESEARCH CONDUCTED AND THE RESULTS, OR A STATEMENT FOR THE REASON MARKET RESEARCH WAS NOT

CONDUCTED.

CONTROL NUMBERU.S. ARMY CORPS OF ENGINEERS, PHILADELPHIA DISTRICT

JUSTIFICATION AND APPROVAL FOR OTHER THAN FULL AND OPEN COMPETITION

(Proposed Action not Exceeding the Simplified Acquisition Threshold (SAT)) For use of this form, see Federal Acquisition Regulation (FAR) 13.106-1; the proponent agency is CENAP-CT.

1. CONTRACTING AGENCY - Department of the Army U.S. Army Corps of Engineers Philadelphia District Contracting Division (CENAP-CT) Philadelphia, Pennsylvania 19107

SECTION I - JUSTIFICATION

b. PRICING (Select - X One)

2. DESCRIPTION OF ACTION.

(1) FIRM-FIXED PRICE. (2) TIME AND MATERIALS. (3) COST. (4) LABOR HOURS.

4. AUTHORITY (Select X One)

a. FAR 13.106-1(b)(1)(i): THE 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).

b. FAR 13.106-1(b)(1)(ii): THIS DOCUMENTATION ONLY COVERS THE PORTION OF THE ACQUISITION THAT IS BRAND-NAME. A SINGLE SOURCE HAS BEEN IDENTIFIED TO PROVIDE A PORTION OF A PURCHASE BECAUSE THAT PORTION OF THE PURCHASE SPECIFIES A

PARTICULAR BRAND-NAME ITEM.

a. NATURE (Select - X One)

(3) MODIFICATION TO EXISTING PURCHASE ORDER / DELIVERY ORDER / TASK ORDER / CONTRACT NUMBER (enter the contract number of your action in this box).

(1) NEW REQUIREMENT. (2) FOLLOW-ON REQUIREMENT.

NAP FORM 13, MAY 2019 Page 2 of 2

CONTROL NUMBER

7. A LISTING OF OTHER SOURCES, IF ANY, WHICH EXPRESSED, IN WRITING, AN INTEREST IN THE ACQUISITION.

8. A STATEMENT OF THE ACTIONS, IF ANY, THE AGENCY MAY TAKE TO REMOVE OR OVERCOME ANY BARRIERS TO COMPETITION BEFORE ANY

SUBSEQUENT ACQUISITION FOR THE SUPPLIES OR SERVICES REQUIRED, IF NECESSARY.

a. NAME (Last, First MI) b. TELEPHONE NUMBER c. DATE (YYYYMMDD) d. DEPUTY, DISTRICT OFFICE OF SMALL BUSINESS PROGRAM'S SIGNATURE (CAC signing locks form to this point)

SECTION II - SIGNATURE REVIEWS

REVIEWS: I HAVE REVIEWED THE JUSTIFICATION AND FIND IT ADEQUATE TO SUPPORT OTHER THAN FULL AND OPEN COMPETITION.

1. DEPUTY, DISTRICT OFFICE OF SMALL BUSINESS PROGRAMS.

2. DISTRICT COUNSEL.

a. NAME (Last, First MI) b. TELEPHONE NUMBER c. DATE (YYYYMMDD) d. DISTRICT COUNSEL'S SIGNATURE (CAC signing locks blocks 2a-d)

3. FIELD SPECIAL COMPETITION ADVOCATE.

a. NAME (Last, First MI) b. TELEPHONE NUMBER c. DATE (YYYYMMDD) d. FIELD SPECIAL COMPETITION ADVOCATE'S SIGNATURE (CAC signing locks blocks 3a-d)

4. TECHNICAL PERSONNEL CERTIFICATION: I CERTIFY THAT THE INFORMATION PROVIDED HEREIN RECOMMENDING “OTHER THAN FULL AND OPEN COMPETITION,” AS PRESENTED TO THE CONTRACTING OFFICER, IS ACCURATE AND COMPLETE TO THE BEST OF MY KNOWLEDGE.

FURTHER DOCUMENTATION, IF NEEDED, MAY BE OBTAINED FROM THE UNDERSIGNED TECHNICAL REPRESENTATIVE.

6. APPROVAL STATEMENT: I HEREBY DETERMINE THIS JUSTIFICATION IS ACCURATE AND COMPLETE TO THE BEST OF MY KNOWLEDGE AND BELIEF. THE ESTIMATED COST TO THE GOVERNMENT IS FAIR AND REASONABLE. IAW FAR 13.106-1(b)(1), I HEREBY DETERMINE THAT THE CIRCUMSTANCES OF THE CONTRACT ACTION DEEMS ONLY ONE SOURCE IS REASONABLY AVAILABLE; PROVIDED THAT THE SERVICES AND PROPERTY HEREIN DESCRIBED HAVE OTHERWISE BEEN AUTHORIZED FOR ACQUISITION AND FUNDS ARE AVAILABLE.

a. NAME (Last, First MI) AND TITLE b. TELEPHONE NUMBER c. DATE (YYYYMMDD) d. TECHNICAL REPRESENTATIVE'S SIGNATURE (CAC signing locks blocks 4a-d)

a. NAME (Last, First MI) AND TITLE b. TELEPHONE NUMBER c. DATE (YYYYMMDD) d. CONTRACTING OFFICER'S SIGNATURE (CAC signing locks blocks 6a-d)

5. CHIEF, BUSINESS OVERSIGHT BRANCH.

a. NAME (Last, First MI) b. TELEPHONE NUMBER c. DATE (YYYYMMDD) d. CHIEF, BUSINESS OVERSIGHT BRANCH SIGNATURE (CAC signing locks blocks 5a-d)

NAP FORM 13, MAY 2019 PREVIOUS EDITIONS ARE OBSOLETE. Page 1 of 2

VERSION 1.5

U.S. ARMY CORPS OF ENGINEERS, PHILADELPHIA DISTRICT

JUSTIFICATION AND APPROVAL FOR OTHER THAN FULL AND OPEN COMPETITION

(Proposed Action not Exceeding the Simplified Acquisition Threshold (SAT))

For use of this form, see Federal Acquisition Regulation (FAR) 13.106-1; the proponent agency is CENAP-CT.

1. CONTRACTING AGENCY - Department of the Army

U.S. Army Corps of Engineers

Philadelphia District

Contracting Division (CENAP-CT)

Philadelphia, Pennsylvania 19107

SECTION I - JUSTIFICATION

b. PRICING (Select - X One)

2. DESCRIPTION OF ACTION.

4. AUTHORITY (Select X One)

a. NATURE (Select - X One)

NAP FORM 13, MAY 2019 Page 2 of 2

SECTION II - SIGNATURE REVIEWS

REVIEWS: I HAVE REVIEWED THE JUSTIFICATION AND FIND IT ADEQUATE TO SUPPORT OTHER THAN FULL AND OPEN COMPETITION.

1. DEPUTY, DISTRICT OFFICE OF SMALL BUSINESS PROGRAMS.

2. DISTRICT COUNSEL.

3. FIELD SPECIAL COMPETITION ADVOCATE.

4. TECHNICAL PERSONNEL CERTIFICATION: I CERTIFY THAT THE INFORMATION PROVIDED HEREIN RECOMMENDING “OTHER THAN FULL AND

OPEN COMPETITION,” AS PRESENTED TO THE CONTRACTING OFFICER, IS ACCURATE AND COMPLETE TO THE BEST OF MY KNOWLEDGE.

FURTHER DOCUMENTATION, IF NEEDED, MAY BE OBTAINED FROM THE UNDERSIGNED TECHNICAL REPRESENTATIVE.

6. APPROVAL STATEMENT: I HEREBY DETERMINE THIS JUSTIFICATION IS ACCURATE AND COMPLETE TO THE BEST OF MY KNOWLEDGE AND

BELIEF. THE ESTIMATED COST TO THE GOVERNMENT IS FAIR AND REASONABLE. IAW FAR 13.106-1(b)(1), I HEREBY DETERMINE THAT THE

CIRCUMSTANCES OF THE CONTRACT ACTION DEEMS ONLY ONE SOURCE IS REASONABLY AVAILABLE; PROVIDED THAT THE SERVICES AND

PROPERTY HEREIN DESCRIBED HAVE OTHERWISE BEEN AUTHORIZED FOR ACQUISITION AND FUNDS ARE AVAILABLE.

5. CHIEF, BUSINESS OVERSIGHT BRANCH.

1.5

Forms Design Team CEIT-OPI-PF

NAP FORM 13 Justification and Approval for Other than Full and Open Competition MAY 2019

Mark Cooper

NAP FORM 13 Justification and Approval for Other than Full and Open Competition MAY 2019 mark.a.cooper@usace.army.mil

20190501

20190501

PrintForm:

Button1:

A9: These are the brand name items of the Gelberman overhaul acquisition services:

a. Navigation system upgrades: Furuno SC-70 Satellite Compass/Antenna ($4,295)

b. Navigation system upgrades: Furuno Antenna Cable (item 001-524-1000) ($225)

c. Integrated navigation software: Rose Point Electronic Charting Software ($2,600)

d. Paint/Coating System: Sherwin-Williams Product Line ($46,000) Sherwin-Williams Zinc Plate Sherwin-Williams Duraplate 235 Sherwin-Williams Antifouling 121 Sherwin-Williams Armortile B67B-100 Sherwin-Williams Steel Master Total Estimated Value = $57,720

A12:

Authority FAR 13.501(a)(ii) Special documentation requirements 41 U.S.C. 1901

Brand name justification will be made available with solicitation, in accordance with FAR 5.102(a)(6).

See Attachment 1- J&A PART 5

A13:

Brand name market research was not conducted for this acquisition as these brand name items are original and/or previously updated to maintain vessel in ready status. Navigation equipment needs to be compatible to existing Furuno equipment. Therefore, it can only be procure from Furuno's brand. Same as Furuno, Rose Point software needs to be compatible with existing equipment. In addition, Rose Point is already available on the USACE approved list of software through the App Portal.

Current vessel coating is Sherwin-Williams products.

Z1: CENAP-21-0010

D: 1

E: 0

F: 0

G: 0

H: 0

I: 1

C: 0

A: 1

B: 0

FillIn:

SaveAs:

A14:

None at this moment. However, interested vendor list in Beta.SAM.gov can be viewed by prime contractors.

A15:

One effort to ensure competition is for potential sources can registered themselves to the interested vendor list in Beta.SAM.gov.

These brand name products are commercial in nature and are typically provided by third party suppliers. It is the Government's understanding that prime contractor(s) source these products through competitive means by contacting multiple suppliers and distributors.

A16: Patterson, Brooke L.

A17: 267.858.0118

A18: 20210413

SIGNATUREA:

B1: Seufert, Scott, C

B2: 410.962.2526

B3: 20210412

SIGNATUREB:

C1: Drobenak, Brandon R.

C2: 215.656.6503

C3: 20210413

SIGNATUREC:

D1:

D2:

D3:

SIGNATURED:

E1: Robert W. Hutcheon, Jr.

E2: 215-656-2291

E3: 20210413

SIGNATUREE:

F1: Samuel Brown

F2: 215 656 6929

F3: 20210413

SIGNATUREF: