Brand Name Justification.pdf

Control No. OJL-21-0037

BRAND NAME JUSTIFICATION

(Simplified Acquisition Procedures under FAR Part 13)

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:

Any authorized Pentair Aurora Pump Dealer

3. Description of Services or Supplies:

Background: Dredge Essayons uses three (3) Aurora 413 Series pumps for the Central Salt Water Cooling system. These pumps were provided by a previous shipyard contract in FY19 and were installed as part of the recent FY21 shipyard contract. This contract will be advertised as a small business set aside (pending review and approval of the market research) for the procurement of critical spare parts and components for these pumps. There may several authorized dealers that can provide these parts. This Brand Name Justification is requirement to provide OEM replacement parts for these pumps.

Supplies: This contract is to provide critical spare parts and components for Aurora 413C Pumps.

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:

v4, 5 Jan 2015; previous version obsolete

Justification: Aurora is the OEM manufacturer. They are the only manufacturer that can provide the correct critical spare parts.

Impact: Other than OEM parts present an exceptional risk to high value equipment and personnel.

Alternatives: There are no practical alternatives. If a decision is ever made to replace the dredge or cooling system, full and open competition can be utilized to select best manufacturer for replacement.

6. Actions to Increase Competition:

If the dredge cooling system is upgraded in the future, efforts will be made to utilize more commercially available equipment.

7. Market Research:

This determination is not for a complete replacement of the dredge cooling system. It is to purchase parts to service the existing. The risk to the Government of using non-authorized parts to attempt repairs is far greater than any possible cost savings. Only OEM factory replacement parts can be considered. Research in UNICOR, Ability1, SBDS, GSA Advantage, and internet searches did not reveal any authorized service, repair, or distribution vendors.

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:

Was action competed? Yes No

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

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

N/A

10. Technical / Requirements Certification: I certify that the supporting data under my cognizance which is included in this abbreviated J&A is accurate and complete to the best of my knowledge and belief.

SIGNATURE: __________________________ DATE: _______________________

NAME: T. Chris Gibbons TITLE: Project Manager/Port Engineer

11. 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:

Costs are verified and it is expected standard shop rates apply and the price is expected to be fair and reasonable. In accordance with FAR 13.106-3(a)(2)(vi), the Government will compare the proposal to the Independent Government Estimate to ensure price reasonableness.

12. Contracting Officer’s Approval (actions less than $700K): 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 sole source 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 Saldaña TITLE: Procuring Contracting Officer