B.04.28 Brand Name Determination.pdf

Control Number: 20-0017

BRAND NAME DETERMINATION

1. CONTRACTING AGENCY: US Army Corps of Engineers (USACE), Walla Walla district (CENWWCT) 201 North Third Avenue, Walla Walla, WA 99362.

2. DESCRIPTION OF THE ACTION: This action is for a brand name purchase of Panolin Environmentally Acceptable Lubricant (EAL) hydraulic oil for the replacement of a non-EAL hydraulic oil currently used in Tainter valve cylinder # 1.

3. DESCRIPTION OF THE SERVICES/SUPPLIES: The U.S. Army Corps of Engineers, Walla Walla District, "USA CE", requires the purchase of Panolin HLP SYNTH 32 to replace the non-EAL hydraulic oil in Tainter valve cylinder # 1 at Lower Monumental Lock and Dam.

4. SINGLE BRAND SOURCE: A brand name justification is being sought to provide a replacement hydraulic oil that is an Environmentally Acceptable Lubricant (EAL) produced from the Panolin Company.

5. AUTHORITY CITED:

a. FAR 13.106-(b), Soliciting from a Single Source. For purchases not exceeding the simplified acquisition threshold, 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 11.105(a) (1), Items Peculiar to One Manufacturer. The particular brand name, product, or feature is essential to the Government's requirements, and market research indicates other companies' similar products, or products lacking the particular feature, do not meet, or cannot be modified to meet, the agency's needs.

6. REASON FOR AUTHORITY CITED:

a. BACKGROUND: Lower Monumental Project has numerous hydraulic systems in close proximity to the Snake River where an oil leak from one of these systems could reasonably create a leak to the river. Lower Monumental is replacing the cylinder for Tainter valve #1 during navlock outage so it is necessary that we also replace the hydraulic oil at this time as well. The Panolin Company makes an Environmentally Acceptable Lubricant (EAL) that meets the definition ofan EAL under U.S.

Environmental Protection Agency regulations. Pursuant to Settlement Agreement entered into between USACE and Columbia Riverkeeper, No. 2:13-md-2494-LRS (E.D. Wash.), dated August 14, 2014, USACE is obligated to replace existing lubricants with EALs where feasible. Furthermore, in anticipation ofreceiving our Clean Water Act, Section 402 "NPDES" permit from EPA, USACE will be required to consider switching to EAL oils at our dam projects on the Snake and Columbia Rivers.

b. JUSTIFICATION: The Panolin HLP SYNTH 32 oil meets the requirements of a hydraulic oil that can be a direct replacement to a conventional hydraulic oil in our systems. The Panolin oil has been vetted by our engineers to be compatible with the existing valve seals and meets the manufactures recommendation for hydraulic oil. At this time, the Panolin oil is the only approved EAL oil to use in our hydraulic systems. We have also purchased a new cylinder for the south shore regulating gate and the manufacture is delivering it with the Panolin HLP SYTHN 32 oil in it. Though we have vetted the oil to be compatible with our system, further testing is required before switching all our hydraulic systems to EAL oils. Panolin shows the greatest chance to succeed.

c. IMPACT: If the Government were to use some other brand of EAL hydraulic oil, it would

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