BRAND NAME ONLY JUSTIFICATION.docx

BRAND NAME ONLY JUSTIFICATION & APPROVAL

FAR 11.105 – ITEMS PECULIAR TO ONE MANUFACTURER

U.S. Section, International Boundary and Water Commission (USIBWC) Nogales International Wastewater Treatment Plant (NIWTP) Headworks Rehabilitation: Replacement of One Coarse Screen, Two Washing Presses, and Two Fine Screens Prepared by: Seone Jones Date: August 20, 2026

1. AGENCY AND ACTIVITY

U.S. Section, International Boundary and Water Commission Acquisitions Division Nogales Field Office – NIWTP, Rio Rico, Arizona

2. NATURE OF ACTION

This document serves as the Brand Name Only Justification under FAR 11.105 for procurement and installation of OEM-specific headworks equipment required to rehabilitate the NIWTP screening system. The requirement includes brand‑name equipment produced only by Mensch, Vulcan, and ESR stair screen OEMs.

3. DESCRIPTION OF SUPPLIES AND SERVICES

The contractor shall furnish and install the following OEM-brand equipment:

• One FT‑48 Mensch Severe-Duty Bar Screen

• Two Vulcan EWP 250/1000 Washing Presses

• Two ESR‑34 or ESR‑28 Stair-Type Fine Screens

• All associated OEM wear parts, control panels, removal and installation labor, testing, commissioning, and training (citations: turn1search3, turn1search2) Equipment must match existing NIWTP headworks configuration, including channel geometry, hydraulic profiles, electrical panels, mounting interfaces, and integration with existing screw conveyors and SCADA systems. The PWS repeatedly states “match existing” and “replace in-kind.”

(citations: turn1search3)

4. AUTHORITY

FAR 11.105 – Items Peculiar to One Manufacturer.

This authority permits brand-name purchases when only one manufacturer’s items can meet the Government’s minimum needs.

5. JUSTIFICATION FOR USING BRAND NAME ITEMS

A. Unique Dimensional Compatibility NIWTP headworks equipment is installed in fixed 4' x 7' concrete channels designed specifically for Mensch, Vulcan, and ESR OEM models. Required angles (80 degrees for coarse screens and 57 degrees for fine screens), discharge heights, hydraulic capacities (20 MGD), and stainless steel construction must match existing OEM specifications.

(citations: turn1search3) No other manufacturer produces equipment dimensionally compatible with NIWTP’s channels, mounting interfaces, or hydraulic characteristics.

(citations: turn1search1) B. Structural and Hydraulic Integration The NOI states that replacing OEM equipment with alternatives would require:

• Reconstruction of concrete channels

• Replacement of screw conveyors

• Reengineering of hydraulic flow profiles

• Realignment of mechanical drive interfaces (citations: turn1search2) These redesign requirements would result in excessive cost, extended downtime, and significant operational risk.

C. Control System and SCADA Compatibility Existing NIWTP equipment uses:

• NEMA 4X and NEMA 7 panels

• OEM-specific electrical configurations

• SCADA integration engineered specifically for OEM equipment (citations: turn1search3) The NOI states that non-OEM equipment would require complete SCADA reintegration and replacement of electrical control panels.

(citations: turn1search2) D. Warranty Preservation NIWTP engineering staff confirmed that installing non-OEM screens or presses voids warranties for existing associated systems, including conveyors and controls.

(citations: turn1search1) E. Market Research Results Market research identified several manufacturers (Huber, Parkson, Hydro-Dyne, JWC Environmental, Headworks Inc., Vulcan, Mensch). Only Vulcan, Mensch, and ESR OEMs manufacture equipment compatible with NIWTP’s fixed geometry, controls, and hydraulic requirements.

(citations: turn1search1) Competing manufacturers produce similar screening systems but none produce dimensionally identical equipment.

(citations: turn1search1) F. NOI Confirmation of OEM Exclusivity The Notice of Intent (NOI) states explicitly that the equipment required is manufactured exclusively by their respective OEMs and cannot be substituted without major facility redesign.

(citations: turn1search2)

6. EFFORTS TO SOLICIT COMPETITION

The Government will issue a Notice of Intent (NOI) in SAM.gov offering any interested vendor the opportunity to demonstrate ability to provide brand-name OEM equipment or OEM-authorized supply.

(citations: turn1search2) Given NIWTP’s dimensional and functional constraints, it is highly unlikely any vendor outside the OEM or its authorized distributor network can meet the requirement.

This Brand Name Only J&A does not prevent competition among OEM-authorized sources if any exist, but no equivalently capable manufacturers have been identified.

7. MARKET RESEARCH SUMMARY

Market research included:

• Review of PWS specifications

• IGE analysis

• Manufacturer capability analysis

• Industry survey

• Engineering interviews

• Review of NOI findings (citations: turn1search1, turn1search3, turn1search2) The conclusion is that only Mensch, Vulcan, and ESR OEM products meet the minimum functional requirements.

8. IMPACT IF NON-BRAND NAME ITEMS ARE USED

Using non-brand-name equipment would require:

• Channel demolition and redesign

• Replacement of screw conveyors

• SCADA reprogramming

• New controls and electrical panels

• Hydraulic redesign

• Extended system downtime (citations: turn1search1, turn1search2) These impacts would jeopardize NIWTP operations and significantly exceed project costs.

9. REQUIREMENTS CERTIFICATION

NIWTP technical personnel certify that the brand-name equipment listed above is necessary to meet minimum technical, structural, hydraulic, and operational requirements.

(citations: turn1search1, turn1search3)

10. FAIR AND REASONABLE PRICE DETERMINATION

Prices will be evaluated for fairness and reasonableness based on the Independent Government Estimate ($1,801,000) and historical OEM pricing.

(citations: turn1search2)

11. APPROVALS REQUIRED

As the anticipated value exceeds the simplified acquisition threshold, this Brand Name Only Justification requires review and approval by:

• Contracting Officer

• Legal Counsel

• Competition Advocate

• Other agency officials as required by USIBWC policy