Brand Name Determination.pdf

v4, 5 Jan 2015; previous version obsolete

Contracting Officer’s Determination (Simplified Acquisition Procedures under FAR Part 13 Not Exceeding $750K)

1. Agency/Contracting Activity: U.S. Army Corp of Engineer, Portland District, 333 SW 1st Ave #200, Portland, OR 97204

2. Description of Action:

Nature: New Requirement Follow-on Requirement Mod to Existing Purchase Order/Contract Number

Pricing: Firm-Fixed Price Time & Materials Funds: OMA Other Funds:

Proposed Contractor:

NETFLOOR USA

MONITORING MANAGEMENT INC.

374 Crompton Street Charlotte, NC, 28273

3. Description of Services or Supplies:

Approval is being requested for a new firm fixed price contract to acquire Netfloor USA Floating, Interlocking, Low Profile Cable Management Access Floor System for Communication cable runs specific to The Westrick Conference Room at The Dalles Lock and Dam.

Line # Manufacturer Part #

Manufacturer Description Qty Price Ext. Price

1 CA411R Netfloor USA UNIPANEL 40mm CA400R 470 $25.54 $12,003.80

2 CA613 Netfloor USA FLANK CAP ECO 187 $5.20 $972.40

3 CA613D60 Netfloor USA FLANK CAP W/OPENING 10 $5.70 $57.00

4 AD518 Netfloor USA GROMMET 10 $1.30 $13.00

5 CA414 Netfloor USA CENTRAL CAP 455 $ 6.30 $2,866.50

6 CA615 Netfloor USA BASE CONNECTOR 465 $1.90 $883.5

7 AD331 Netfloor USA BLANKET 590 $1.40 $826.00

8 CA427 Netfloor USA UNIPANEL SUPPORTER 15 $3.50 $52.50

9 CA428 Netfloor USA STARTING CAP 38 $2.10 $79.80

10 CA423-80 Netfloor USA EDGE RAIL 12 $4.20 $50.40

11 CA423-100 Netfloor USA EDGE RAIL 8 $6.70 $53.60

12 AD421A Netfloor USA ALUIM FREE STANDING 2 $170.00 $340.00

13 CA442R Netfloor USA EDGE TRIMMER 38 $0.92 $35.00

14 CA425W-480 Netfloor USA RAMP 40 mm 24W 1:12 6 $180.00 $1,080.00

15 Netfloor USA Low Profile Electrical Floor Boxes 18 $246.00 4,428.00

The total estimated value of the proposed action is $24,214.00

Background: Cable Plant Upgrade is a project spanning several years and materials have been purchased on a yearly basis dependent on funding. During the last three fiscal years the Dalles Dam has been using the Brand Name materials requested exclusively throughout the project. The Netfloor USA Floating, Interlocking, Low Profile Cable Management Access Floor System is specifically used for very low-profile flooring and as part of the ongoing project Netfloor brand flooring is currently installed in The Dalles Dam computer lab.

4. Authority:

Action using simplified acquisition procedures (select one):

FAR 13.106-1(b)(1): For purchases not exceeding the simplified acquisition threshold (SAT), 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)

FAR 13.501(a)(1): For actions for commercial supplies or services greater than the SAT but not exceeding $7M, the requirements of FAR 13.501(a) apply to sole-source acquisitions conducted pursuant to Subpart 13.5 (Reference: FAR 13.106-1(b)(2)). Subpart 13.5 is the Test Program for Certain Commercial Items (see 41 USC 1901; or for contingencies see 41 USC 1903)

5. Reasons for Authority Cited:

Justification: At this point in the project, Netfloor USA Floating, Interlocking, Low Profile Cable Management Access Floor System is the only brand capable of interlocking with current installed systems. Netfloor brand flooring is needed to lessen the impact when transitioning to different heights. (No steps will be needed to get up to the floor because it is only 40mm high.) USACE, NWD and The Dalles Dam needs the same brand of Floating, Interlocking, Low Profile Cable Management Access Floor System as what is currently installed in order to complete the project.

Impact: Failure to use Netfloor brand will change the height profile, install procedures and material list used to complete a Floating, Interlocking, Low Profile Cable Management Access Floor System. Furthermore, switching to a different brand would make for an unclean install, lack of familiarization and an overall un-workperson like product.

6. Actions to Increase Competition:

There are several manufacturers that make raised flooring with cable management. However, after searching on several internet search engines for a 40 mm raised floor with cable management, no other sources could be found providing a low profile raised floor.

7. Market Research:

Market research in the form of searching on the internet using several search engines for “40mm raised floor with cable management” indicated no other manufacturers of a specifically Floating, Interlocking, Low Profile Cable Management Access Floor System able to meet customer requirements.

8. Procurement History:

Previous Purchase Order(s) or Contract(s): Yes No

If "Yes", for each purchase order or contract provide:

Purchase order or contract number: W66QKZ01258051* (The Dalles Dam FY2020) *Previous purchase of Netfloor USA flooring

Were actions competed? Yes No

If action was not competed, state the cited authority, summarize rationale: N/A

9. Additional Facts and/or Information to support the justification: N/A

10. Fair and Reasonable Price Determination: As contracting officer, I hereby determine that the anticipated cost to the Government for this contract action will be fair and reasonable. Basis for the determination is as follows:

Comparison to historical prices awarded as established in paragraph 8, Procurement History. The price is anticipated to be determined fair and reasonable based on the historical prices (FAR 13.106-3(a)(2)(ii)) and comparison of the quote to the Independent Government Estimate (FAR 13.106-3(a)(2)(vi)).

11. Contracting Officer’s Approval (actions less than $750K): I hereby certify that this justification is accurate and complete to the best of my knowledge and belief. Based on the foregoing, I approve this justification subject to availability of funds, and provided that the services and supplies herein described have otherwise been authorized for acquisition.

SIGNATURE: __________________________ DATE:

NAME: Michael Saldana TITLE: Procuring Contracting Officer