Brand Name - Pumps.pdf

MVSJA-20-0003

Justification and Approval for Other than Full and Open Competition (See AFARS 5153.303-5)

1. Contracting Activity: U.S. Army Corps of Engineers, Mississippi Valley Division, St. Louis

District Contract Office

2. Description of the Action: This approval is for a brand name portion of a new firm fixed price construction contract using Construction General (CG) funds (3122).

3. Description of Supplies/Services:

The U.S. Army Corps of Engineers (USACE), St. Louis District is awarding a construction contract for Bid Package 08, which includes one (1) pump station [with three (3) submersible pumps] and twenty-two (22) relief wells at Reach 5 Levee segment on Wood River.

However, this justification and approval is only for the brand name requirement of three (3) Flygt model PL-7035 submersible pumps,

4. Authority Cited: 10 United States Code 2304(c)(1), as implemented in FAR 6.302-1(c), Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements.

5. Reason for Authority Cited:

a. Background: The pump stations along the southern levee of the Wood River Levee District work as a system to provide the pumping capacity needed to keep the interior dry during high water and storm events. There are a total of five pump stations along Reach 5 Levee, which work together to pump seepage and storm water. The existing pump stations contain Flygt PL-7000 submersible pumps. Wood River Levee District requested that Wood Environment & Infrastructure Solutions, Inc. use a pump in their design that is compatible to those already used within their system to streamline equipment maintenance and their spare parts inventory.

Wood Environment & Infrastructure Solutions, Inc. is an A-E design firm who performs work for the Southwestern Illinois Flood Prevention District Council. The Southern Illinois Flood Prevention District Council is a Non-Federal Sponsor of the Wood River Drainage and Levee District Flood Protection Project, and provided in-kind services for this project, and related NFS expenditures are credited as Work-In-Kind (WIK) in accordance with ER 1165-2-208.

Wood Environment & Infrastructure, Inc. designed the plans and specifications for Bid Package 08, which require the brand name Flygt model PL-7035 submersible pumps for the construction of this design. The scope of work for the design of Bid Package 08 did not have a certain pump brand and model specified to use for the A-E designer.

b. Justification: The justification and approval is to cover only the portion of the acquisition which is brand-name or peculiar to one manufacturer. Wood Environment & Infrastructure, Inc. has determined that the Flygt PL-7035 pump is the only compatible pump that meets USACE standards for safety and efficiency, and should be used in the design of the project. USACE requires the pumps to meet Hydraulic Institute standards to prevent any damage or excessive vibration of the pump. This increases the life of the pump and decreases maintenance. Also, USACE requires the pump to meet a certain

MVSJA-20-0003

efficiency to prevent excessive electrical use during operations. The pump will be compatible with the other pumps in the levee district, and aid in the overall system design for the multiple pump stations in the levee district, as the pump stations operate together as a system to provide interior pumping capacity of the lower Wood River levee. Only Flygt can manufacture the pump that will meet agency requirements for their standardization program. The specified model will satisfy the agency’s needs for additional units that will comply with spare parts already purchased. Pumps for the Wood River Levee District will be of all one brand.

c. Impact: The pump stations will work as a system to complete the pumping requirements. If the J&A is not approved then multiple control systems will be implemented that cannot communicate to each other. The levee district will need to complete training for the operation and maintenance of multiple programs, controls, and pumps. The agency will need to spend more money on spare parts for multiple types of pumps. The pump station will need to be designed larger in order to fulfill the requirement for open competition causing the cost of construction to increase for the increased size of the structure (more concrete, larger walls, larger footprint for excavation, etc.).

6. Efforts to Obtain Competition: Market research was conducted, and it was determined that no other products would be acceptable for use at the pump station. One manufacturer, Grundfos, was found to be able to meet the pumping capacities required for this location. However, the efficiency rating of Grundfos pumps are 64%, which is less than the 75% rating required by USACE standards.

A Sources Sought was conducted 10 December 2019 through 9 January 2020. Seven (7) contractors responded. It was determined that there are two (2) known small business contractors capable of performing the work and obtaining the brand name products, and active in the System for Award Management.

7. Actions to Increase Competition: Vandevanter is the sole manufacturing representative for Flygt in the St. Louis area. They are the sole regional supplier, installation verifier, and start-up tester of the Flygt submersible pump. However, other companies can purchase these pumps from Vandevanter in order to fulfill this requirement. Therefore, this is a brand name requirement for the pumps portion of the contract.

8. Market Research: The market research is included with this J&A at the end and comes from the customer requirements for a name brand pump.

9. Interested Sources:

This requirement will be set aside for small businesses.

10. Other Factors: N/A