B08_SOL_Attachment_5_Class_Brand_Name_Justification_USCG_Redacted_(2).pdf

United States Department of the Interior

INTERIOR BUSINESS CENTER

Washington, DC 20240

CLASS BRAND NAME JUSTIFICATION

SIMPLIFIED PROCEDURES FOR CERTAIN COMMERCIAL ITEMS

AUTHORITY: FAR 13.501(a), 41 U.S.C. 1901

1. Identification of the agency and the contracting activity, and specific identification of the document as a “Class Brand Name Justification.”

This document is a Class Brand Name Justification for the Department of the Interior (DOI), Interior Business Center (IBC), Acquisition Services Directorate (AQD) on behalf of the United States Coast Guard (USCG), Surface Forces Logistics Center (SFLC) Long Range Enforce (LRE) Product Line (PL). This class brand name justification meets the requirements of FAR 13.501(a).

2. Nature and/or description of the action being approved.

The actions covered by this class brand name justification will be new Firm Fixed Price requirements. AQD requests this Class Brand Name Justification to allow Contracting Officers to issue solicitation for vessel repairs, where “brand name only” references are necessary to meet technical or proprietary specifications.

3. A description of supplies or services required to meet the agency’s needs

(including the estimated value).

The resulting contractor awardee(s) shall furnish all necessary labor, materials, services, equipment, supplies, power, accessories, and such other things as are necessary to perform dockside repairs and alterations to various vessels identified in the table below. The technical specifications include “Work Items” that vary from project to project based on needed alteration and repair work for each specific vessel. Work Items may include the below (among others):

- Clean and Inspect Tanks

- Inspect and Test Fire Detection System

- System Groom Refrigeration Plan

- Clean and Inspect Potable Water Pneumatic Tanks

- Inspect and Repair Cargo Handling Elevator

- Overhaul Level 2 Forward and Aft Capstans

- Perform Biennial Maintenance Dual Point Davit

- Perform Biennial Maintenance Folding Boom Cranes

- Inspect and Groom Oily Water Separator (OWS) System

- Provide Temporary Power Services

- Modify Vital Electrical Power Circuits

- Clean and Inspect Tanks (Potable Water)

- Preserve Tanks (Potable Water)

- Inspect, Repair and Renew Superstructure

- Modify Fan Coil Assembly

- 5 Year Certification on Miscellaneous System Relief Valves

- Renew Deck Covering (Carpet)

- Install Deck Covering (Polymeric)

- Renew Deck Covering (Ceramic Tile)

- Replace Carpet in various areas

AQD anticipates awarding the below acquisitions over the next 6 months with a combined total estimated not to exceed value of specific to the portion of the acquisition requiring brand name specific items and materials.

Vessel Solicitation Number

Period of Performance

STRATTON 140D0422Q0697 12/27/2022 – 2/28/2023

BERTHOLF 140D0422Q0624 12/14/2022 – 3/9/2023

MUNRO 140D0422Q0962 3/4/2023 – 6/2/2023

HAMILTON 140D0422Q0278 1/4/2023 – 3/29/2023

WAESCHE 140D0423Q0054 4/18/2023 – 6/30/2023

JAMES 140D0423Q0052 4/13/2023 – 6/28/2023

4. An identification of the statutory authority permitting sole source acquisition.

This is an acquisition conducted on a brand name basis in accordance with the statutory authority 41 U.S.C 1901 as implemented by FAR 13.501(a)(1)(ii), Sole Source acquisitions, to include Brand Name, conducted under simplified acquisition procedures.

Each of the individual actions are separate requirements with solicitations to be issued in accordance with FAR Part 13, Simplified Acquisition Procedures and FAR Part 12, Acquisition of Commercial Products and Commercial Services.

5. A demonstration that the proposed contractor’s unique qualifications or the nature of the acquisition requires use of the authority cited.

In order to sufficiently define the scope of work to be performed, a Technical Specification is prepared for the specific “Work Items” needed. The Technical Specification is prepared utilizing Coast Guard drawings, technical publications, and standard specifications. There are various brand name requirements under these efforts that include coatings, coverings, valves, filters, and other items not specifically referenced in the scope of work but are anticipated in order to meet the contract requirements.

- Contractor-furnished coatings must comply with SFLC Std Spec 6310. The specification provides Authorized Coatings for Use on Cutters and Boats that meet the specification requirements, limiting competition to the brand name items that meet the technical specification. SFLC Std Spec 6310 identifies the technical requirements for coating systems and goes further to identify the brand name products that have been pre-approved by the USCG as meeting these technical requirements. The technical specification authorizes the contractor to deviate from any coatings required in SFLC Std Spec 6310 with written Contracting Officer approval prior to work beginning. On recent projects due to supply chain issues, the USCG has worked in consultation with the authorities that approve the coatings that go into SFLC Std Spec 6310 to authorize departures from the list of authorized coatings.

- Deck coverings must comply with SFLC Std Spec 6341, and the scope of work includes “authorized product lists” or “qualified products” associated with Cosmetic Polymeric Resin Systems, Fire-Retardant Deck Tile, Carpeting, and Epoxy Underlayment. The requirement for each of these items is that the specific product meet the technical specifications. The “authorized product lists” or “qualified products” are intended to provide those manufacturers products which are known to meet the technical specifications versus limit competition to the identified products. There are certain covering products such as the Ceramic Tile and Electrical Insulating Sheet where authorized lists are not provided as there are many manufacturers with products that meet the technical specifications.

- The contractor must renew relief valves on the condenser, receiver and oil separator with the valves identified below.

Worcester Part Number T0150-4_#98991 – Valve Vall 5/8 Brass Three Piece Valve Body Bolt Torques with Carbon Steel Bolts Worcester Part Number T0150-10_98991 – Valve Vall 2-1/8 Brass Three Piece Valve Body Bolt Torques with Carbon Steel Bolts

These valves are the only valves known that meet the technical specifications and are currently being manufactured.

There are other repair requirements for equipment that is proprietary to the Original Equipment Manufacturer (OEM) and require the contractor to provide services of an OEM authorized/licensed Technical Representative or Qualified Technical Representative familiar with the equipment. Below is a listing of the repairs that require specific OEM authorized or qualified representatives.

- The contractor must provide the services of a qualified technical representative who is familiar with the Dual Point Davit on site (Allied System Co. Model No.

DDP11000CT). The repair work must follow the manufacturer’s procedures and standards for installation. Below are the known brand name Allied System co.

items that the contractor is required to provide.

Part Number 70125/941041Q – Pressure Filter: Replacement Filters

Part Number 70124/941032Q – Pressure Filter: Replacement Elements Part Number 71042 – Wire Rope Assembly with Off Load Hook Part Number 70195/937833Q – Return Filters

Although the above lists the known items, the contractor in performing the maintenance and repair requirements are required to provide all materials, equipment, and accessories to complete the required maintenance or repair. In doing so and compliance with the manufacturer’s procedures and standards for installation, it is anticipated other brand name specific items will be required.

Allied Systems Company is the OEM and the system operates on specific standards that were designed, engineered, and tested by the OEM. Operational capabilities and crew safety rely on a properly working Dual Point Davit System.

If the Dual Point Davit System were to operate improperly it could cause injury or harm to personnel, the vessel itself, small boats, or civilians. Additionally, all technical information is proprietary to the OEM and is unavailable to allow the government to evaluate alternative parts or competitively procure alternative parts.

- The contractor must provide the services of a Qualified Technical Representative familiar with the Siemens MXL Marine Smoke Detection System currently on site/installed in the vessels. The representative is required to provide manufacturer’s proprietary information, software, and tools pertinent to the existing equipment/system. Further, the contract is required to assist with proper repair methods and ensure compliance with manufacturer’s procedures and standards during disassembly, inspection, repair, modification, calibration, and reassembly of the equipment/system. Although there are no specific brand name items listed in the specifications document, the contractor in performing the contract requirements are required to provide all materials, equipment, and accessories to complete the required maintenance and repair. In doing so and compliance with the manufacturer’s procedures and standards for installation, it is anticipated components and replacement parts needed will be specific to Siemens.

A fire alarm system utilizing other than the OEM approved components diminish fire protection capabilities and pose potential system capability issues endangering life and property. The Government cannot consider components that are inconsistent with the OEM’s procedures and standards for repair.

- The contractor shall provide a qualified technical representative or who is familiar with the Jered Industries Cargo Elevator on site. The representative will be required to advise on the manufacturer’s proprietary information pertinent to the system, assist with repair and renewal of the parts, and ensure compliance with manufacturer’s procedures and standards during disassembly, inspection, and reassembly. Although there are no specific brand name items listed in the specifications document, in complying with the manufacturer’s procedures and standards it is anticipated components and replacement parts needed will be specific to Jered Industries.

- The contractor shall provide an OEM authorized/licensed representative for the Par Marine/Jered LLC capstans currently on the vessels who will be required to ensure compliance with manufacturer’s procedures and standards during disassembly, inspection, repair, modification, calibration, testing and reassembly of the existing equipment. Although there are no specific brand name items listed in the specifications document, in complying with the manufacturer’s procedures and standards it is anticipated components and replacement parts needed will be specific to Par Marine/Jered LLC.

- The contractor must provide the services of a qualified technical representative who is familiar with the existing Appleton Marine Inc. Folding Boom Cranes to ensure compliance with manufacturer’s procedures and standards during inspections, repairs, calibration, and testing. Below are the known brand name Appleton Marine Inc. items that the contractor is required to provide.

Part Number YMD-8861-R – HPU Hydraulic Return Filter Part Number YMD-7778 – HPU Hydraulic Return Filter Part Number YMD-12209-R – Pressure Filters Part Number YMD-12234-R – Pressure Filters equipment, and accessories to complete the required maintenance or repair. In doing so and compliance with the manufacturer’s procedures and standards for installation, it is anticipated other brand name specific items will be required.

- The contractor must provide the services of an authorized/licensed for the Ultra- Sep Oil Water Separator currently on the vessel(s). The representative will ensure compliance with manufacturer’s procedures and standards during disassembly, inspection, repair, calibration, and reassembly. Below are the known brand name items that the contractor is required to provide. Deviation requires compliance with Technical Publication CG TP 7346A.

Part Number MUFO0852 – Membrane, UFO WS 8 Inch Part Number MUSK1836 – Single Element Membrane Housing Seal Kit Part Number HCON0098 – Heli-Sep OWS 5000 Cover Seal O-Ring Part Number ORGN8000 – Process Filter (F1L1) Cover Seal O-Ring Part Number FBGB0582 – Process Filter S12 5 Micron Bag Part Number ASMS0000 – SPIR-O-LATOR Preservative Part Number MCLN6732 – SPIR-O-LATOR Cleaner Alkaline Part Number MCLN7147 – SPIR-O-LATOR, Cleaner Acid equipment, and accessories to complete the required maintenance or repair. In doing so and compliance with the manufacturer’s procedures and standards for installation, it is anticipated other brand name specific items will be required.

For each of these repair projects, it is imperative that the OEM standards and procedures be followed. These vessels are out to sea for durations of time, having any of the equipment fail due to not complying with manufacturers procedures could require the vessels to port for unscheduled repairs causing impact to missions and/or pose catastrophic life/safety issues for the service members aboard.

6. A description of efforts made to ensure that offers are solicited from as many potential sources as practicable, including whether a notice was or will be publicized as required by FAR Subpart 5.2 and, if not, which exception under FAR 5.202 applies.

A sources sought notice with the entire specification document was publicized via sam.gov to determine interest, capabilities and provide vendors an opportunity to ask questions regarding the technical specifications for both STRATTON and HAMILTON.

Multiple responses to these sources sought were received expressing interest;

however, no questions were raised in regard to the brand name requirements in the specifications document.

Individual Combined Synopsis Solicitations will be issued via SAM.gov to ensure as many sources as is practicable are solicited. Four of the six vessel requirements were solicited prior to recognizing the need for this Class Brand Name Justification. For those four (STRATTON, BERTHOLF, HAMILTON, MUNRO), a Memorandum for Record will accompany the contract file to provide an explanation as to why this Class Brand Name Justification was not posted with the solicitation. For the remaining two projects (WAESCHE and JAMES), a copy of this justification will be publicized with the solicitation.

7. A determination by the contracting officer that the anticipated cost to the

Government will be fair and reasonable.

The contracting officer determines that the anticipated price(s) will be fair and reasonable based on historical pricing previously obtain through competition.

Additionally, adequate price competition is anticipated and is intended to be utilized to ensure the prices are fair and reasonable.

8. A description of the market research conducted (see Part 10) and the results or a statement of the reason market research was not conducted.

Market research was conducted through several sources sought notices to industry, both formal via Sam.gov and informal by contacting vendors that have previously performed USCG vessel repair work. The sources sought notices identified three small business vendors interested in the upcoming vessel repair solicitations. The informal communications identified an additional five vendors. Interest varied between the contractors based on the location of the vessel.

9. Any other facts supporting the use of other than full and open competition, such as:

Not Applicable.

10. A listing of the sources, if any, that expressed, in writing, an interest in the acquisition.

Federal Marine and Defense Services Integrated Marine Services, Inc.

JAG Industrial Services, Inc.

Vanport Marine & Industrial East Coast Repair & Fabrication GI Industrial-Marine

MAETS

Pennant Marine

11. 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.

Due to the technical and proprietary specifications associated with the portion of these requirements that provide brand name specific requirements, there are no realistic expectation that the barriers to competition addressed in this justification can be eliminated before any subsequent action.

12. Contracting officer certification that the justification is accurate and complete to the best of the contracting officer’s knowledge and belief.

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

_________MCCULLOUGH_________-05'00'_____________ _____JAMISON______________-04'00'____________

SHAVONDA Digitally signed by

SHAVONDA JAMISON

Date: 2022.10.31 09:00:49

STEPHANIE Digitally signed by

STEPHANIE MCCULLOUGH

Date: 2022.10.31 07:56:37

Stephanie McCullough Contracting Officer

Shavonda Jamison Contracting Officer