Attachment 4 - Justification and Approval for Brand Name Pumps.pdf

MVSJA-20-0004

CUI//SP-PROCURE

Justification and Approval for Other Than Full and Open Competition Brand Name Portion

FAR Part 6

1. Contracting Activity: U.S. Army Corps of Engineers (USACE), St. Louis District Contracting Office, 1222 Spruce Street, St. Louis, MO 63103

2. Description of Action: The U.S. Army Corps of Engineers, St. Louis District Contracting Office proposes a new firm fixed price construction contract for two (2) pump stations at Reach 5 Levee segment on Wood River. This purchase is to be executed using Subjective Trade-Off Source Selection Procedures. Funds to be used are Construction General (CG) civil works funds. This approval is for the brand name portion only, which is estimated to cost $417,000.00.

3. Description of Supplies/Services: The U.S. Army Corps of Engineers (USACE), St. Louis District is awarding a construction contract for Reach 5 Pump Stations, which includes two

(2) pump stations [with two (2) submersible pumps each] at Reach 5 Levee segment on Wood River. The overall contract value is estimated to be $4,500,000. However, this justification and approval is only for the brand name requirement of four (4) Flygt model LL3400 and LL3356 submersible pumps, which are estimated to cost a total of $417,000.00.

The period of performance for this contract will be approximately 15 months from date of award.

4. Authority Cited: 10 U.S.C. 3204(a)(1) as implemented by FAR 6.302-1(c), Only one responsible source and no other supplies or services will satisfy agency requirements.

Note: FAR effective Jan 30, 2022, cites to 10 U.S.C §2304(c)(1)(B) as authority for DoD. 10 U.SC. §2304 was repealed effective Jan 1, 2022. Pub. L. 116-283, div. A, title XVIII, §1881(a), Jan. 1, 2021, 134 Stat. 4293. Authority for use of procedures other than competitive procedures is now set forth in 10 U.S.C. 3204. See, 10 U.S.C.§3204(a)(1) and 10 U.S.C. §3204(b)(B) for statutory authority.

5. Reason for Authority Cited: The statutory authority as implemented by FAR 6.302-1, Only one responsible source and no other supplies or services will satisfy agency requirements, applies to the brand name pump requirement for Wood River Reach 5 Pump Stations.

a. Background:

The pump stations along the southern levee of the Wood River Levee District work as a system to provide the pumping capacity needed to keep real estate located on the landside of the levee from being inundated from relief well flows during high water. There are a total of five pump stations along Reach 5 Levee, which work together to pump seepage and storm water. The existing pump stations contain Flygt PL-7000 submersible pumps. Wood River Levee District requested that Gestra-Stanley use a pump in their design that is compatible to those already used within their system to streamline equipment maintenance and their spare parts inventory. Compatibility is critical so that the two pump stations are able to communicate with each other and allow the levee district to manage the operation of multiple pump stations with ease, which will allow the water to flow through smoothly without causing damage to property.

Gestra-Stanley, an A-E design firm, was awarded task order W912P919F0030, from contract W912P914D0503, by USACE St. Louis District to design the plans and specifications for three Pump Stations (including four pumps) at Reach 5 Levee segment on Wood River.

Gestra-Stanley designed the plans and specifications for Reach 5 Pump Stations, which require the brand name Flygt model LL3400 and LL3356 submersible pumps for the construction of this design.

b. Justification:

The justification and approval is to cover only the portion of the acquisition which is brand-name or peculiar to one manufacturer. Gestra-Stanley has determined that the Flygt model LL3400 and LL3356 pumps are the only compatible pumps that meet USACE standards for safety and efficiency and should be used in the design of this project. The pumps are designed to meet technical specifications of 35 45 02.00 10 for submersible pumps. Both pumps exceed the 70% efficiency rating required by USACE to decrease operating costs and promote a lower life cycle cost. USACE requires the pumps to meet Hydraulic Institute standards to prevent any damage or excessive vibration of the pump, which will increase the life of the pump and decrease maintenance. Also, USACE requires the pump to meet an efficiency rating of at least 70% to prevent excessive electrical use during operations and decrease the overall pumping cost. Only Flygt pumps are compatible with the existing pumps in the levee district, and will aid in the overall system design for the multiple pump stations in the levee district, as the pump stations operate together as a system to provide interior pumping capacity of the lower Wood River levee. Without proper communication provided by Flygt pumps between the existing pumps and the new pumps, the time to operate the stations will increase, and there is an increased risk that the pump station stops operating properly without the levee district being aware. Only Flygt can manufacture the pump that will meet agency requirements for their standardization program for the levee district. The levee district is familiar with the Flygt brand pump since they currently have the same brand pump installed on this reach of the levee for their other pump stations. The consistency in the pump types and parts will allow for the levee district to maintain the pumps the same over the life of the pumps. This will also allow for quick parts to be installed as needed. With same brand parts the levee district will be able to interchangeably use parts in the event of equipment failure. This leads to less downtime of the pump station over its life. The specified models will satisfy the agency’s needs for additional units that will comply with spare parts already purchased. Pumps for the Wood River Levee District will be of all one brand.

c. Impact:

The pump stations will work as a system to complete the pumping requirements. If the J&A is not approved, then multiple control systems will be implemented that cannot communicate to each other. The pump stations throughout the levee district have the capability to communicate to the levee district personnel on operation. This allows the levee district to receive feedback on the pumps operation without physically visiting the station. This also allows for the small number of personnel to verify proper operation of the pump stations.

More personnel would need to be involved in order to man each station during operation if this electrical communication was not implemented. The levee district will need to complete training for the operation and maintenance of multiple programs, controls, and pumps if the pumps are of a different manufacturer. The agency will need to spend more money on spare parts for multiple types of pumps. With multiple brands, if a pump were to fail, there would be lead times on ordering these spare parts, causing personal property to be inundated due to the delays. If any other brand of pump is used, the pump station will need to be designed with a larger footprint for excavation, larger walls, more concrete in order to fulfill the requirement, causing an increase in cost of construction of the larger structure. The Flygt pumps include a brand specific inlet, which allows the flow of the water to be controlled.

With the flow of the water controlled, there is less turbulence, and the station can be built smaller. Without this, the station would need to be physically larger in order to give time for the flow to go from turbulent to laminar. This would be a significant cost impact.

6. Efforts to Obtain Competition: Market research was conducted, and it was determined that no other products would be acceptable for use at the pump station. Only one other manufacturer, Grundfos, was found to be able to meet the pumping capacities required for this location. However, the efficiency rating of Grundfos pumps are 66%, which is less than the 70% rating required by USACE standards. Based on the current design and USACE standards, the Grundfos pump does not meet our requirements. The efficiency rating of 70% is used in order to reduce the power consumption of the pumps while operating. This is a USACE requirement, and therefore a pump less than the 70% would not be accepted. Also, the controls system for the Grundfos pump will not communicate with the multiple other pump stations constructed throughout the levee district. This will cause multiple systems to be implemented throughout the levee district causing inefficiencies for the limited project personnel. These inefficiencies directly lead to increased cost for operation and maintenance for the levee district.

Vandevanter is the sole manufacturing representative for Flygt pumps in the St. Louis area.

They are the sole regional supplier, installation verifier, and start-up tester of the Flygt submersible pump. However, any company can purchase these pumps from Vandevanter in order to fulfill this requirement. Therefore, we are not limiting competition by requiring brand name pumps for this project.

7. Market Research: A Sources Sought was conducted 10 December 2019 through 9 January 2020. Eight (8) contractors responded. It was determined that there are two (2) small business contractors, Keller Construction and Randy Kinder Excavating, Inc (RKE), that met all eleven of the requested technical requirements, were capable of performing the work, and active in the System for Award Management. The Sources Sought Results report provides full detail of interested vendors’ capability assessment. This requirement will be set aside for small businesses, in accordance with the approved DD2579 – Small Business Coordination Form.

In April 2022, a follow-up phone call was made to the two capable small businesses, Keller Construction and Randy Kinder Excavating, Inc., to determine if they are still interested and available to perform the work of this requirement. Both confirmed they are. These two small businesses are also still active in SAM and are registered as Small Businesses under NAICS 237990.

Vendor Name

CAGE

Code Business Size Capability Assessment

Davinroy Mechanical Contractor

1CVM5 Small • No experience with tight timelines

• Experience in drilling and installing relief wells

• No experience of installing new pump stations; but experience with improving and rehabilitating pump stations

Drilling Service Co.

4HA33 Small • Experience in drilling and installing relief wells, well development, and pump testing

• No experience building pump stations or relevant earthwork

Drive Source International, Inc.

34SG9 Small Contractor did not provide any information related to the submittal requirement.

ESI Contracting

47K29 Small • Can work under tight timelines

• Experience of working on

Missouri River and tributaries

• No experience provided with drill rigs

• No list of equipment provided

Keller Construction

5U4T9 Small • Experience working under tight timelines

• Experience installing relief wells

• Three (3) subcontractors with experience installing relief wells, etc.

Kiewit Infrastructure Co.

6V4D8 Large • Experience working under tight timelines

• Two (2) subcontractors with pump station construction and relief well construction experience

Randy Kinder Excavating, Inc. (RKI Contractors)

0E9B3 Small Disadvantaged, Service Disabled Veteran Owned Small Business, HUBZone

• Experience working under tight timelines

• Experience in drilling and installing relief wells

• No experience of relief well installation using reverse circulation drilling, remediating obstruction, well development, well pump testing, surface outlet work.

Supplied Industrial Solutions

3CX55 Small Disadvantaged, Service Disabled Veteran Owned

Small Business, 8(a), HUBZone

• Experience in pump station rehabilitation, not pump station construction

• No specific drilling experience explained

8. Other Facts: none

CUI//SP-PROCURE

9. 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.

Name: Kyla James

Title: Mechanical Engineer Signature: __________________________

10. 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.

Name: Christopher Redell

Title: Civil Engineer Signature: __________________________

11. Contracting Officer Certification

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

Name: Dustin Cannada

Title: Contracting Officer Signature: __________________________

Approval

I certify that this justification is accurate and complete to the best of my knowledge and belief based on the foregoing justification, I hereby approve the procurement of Wood River Reach 5 Pump Station with the brand name requirement of four (4) Flygt model LL3400 and LL3356 submersible pumps on an other than full and open competition basis pursuant to the authority of 10 U.S.C. §3204(a)(1)and 10 U.S.C. §3204(b)(B), as implemented by FAR 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 herein described have otherwise been authorized for acquisition.

Name: Dustin Cannada

Title: Contracting Officer Signature: __________________________