FAR 13 Brand Name Justification.pdf

PART A

Supply Chain Management Contracting Division (SCM) General Supplies and Services (GSS)

Federal Acquisition Service

This information is requested IAW FAR 6.301(a) which states, "Contracting without providing for full and open competition or full and open competition after exclusion of sources is a violation of statute, unless permitted by one of the exceptions in FAR 6.302."

The information in this document is being requested so that GSA can identify which exception applies to this acquisition.

In Accordance with (IAW) FAR 6.303-2(b)(2) https://www.acquisition.gov/far/subpart-6.3

6.303-2(b)(2) Content.

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

Part A - Customer Justification for Other Than Full and Open Competition Part A to be completed by Customer -

Applicable Requisition Number(s): N6247A4016006S______________

Estimated Total Dollar Value (Annually): $ ___32,800.00_____________________

(1) Identification of the Agency IAW FAR 6.303-2(b)(1)

The requested items are required for replacement of two very old, below ground examples of the same model valve currently installed at the other regulating stations at Naval Base San Diego and is the responsibility of the Water Quality Department of the Civil Utilities Division, Metro Production Department, Public Works Business Line of NAVFAC SW. The Water Quality Department is responsible for the delivery and sustainment of potable water to all Navy and Marine Corps Installations within the Metro San Diego area.

NAVFAC SW MPD Civil Utilities, Code PW96C 750 Pacific Highway

ATTN: B-3212 NBSD

San Diego, CA 92132 https://www.acquisition.gov/far/subpart-6.3

(2) Nature and/or description of the action being approved IAW FAR 6.303-2(b)(2)

This is a Brand Name requirement for Cla-Val Company. Items are Pressure Reducing Valves, Cla-Val Company Model 10” 90-01 BCSYVPKCX, 10” Pressure Reducing Valve, Ductile-Iron, Globe Pattern Style Body, NSF Approved Fusion Bonded Epoxy Lined and Coated with Stainless Steel Trim and Fasteners; 150# Flange; Pilot Range 30-300PSI, Complete Stainless Steel Pilot System with Stainless Ball Valves, Stainless Steel Tubing and Fittings, Closing and Opening Speed Controls, Position Indicator, Pressure Gauges. Price is understood to include shipping and delivery to address listed above in (1). Items are used as pressure reducing valves for Regulator Station 4 at Naval Base San Diego.

A planned project for execution by MPD Civil’s Repair Crew already exists for re-locating the existing pressure regulator station from an underground vault to a new location above ground.

Scheduling for this work is contingent upon San Diego City crew connections and receipt of the replacement pressure reducing valves. The project has been awaiting scheduling since the original station’s condition was deemed deteriorated enough to warrant replacement in 2020.

(3) A description of the supplies or services required to meet the agency’s needs (including the estimated value). IAW FAR 6.303-2(b)(3)

All existing Control Valves (100+ total throughout the Metro San Diego AOR, including both Level Control and Pressure Reducing Valves) are Cla-Val brand, and are thereby standardized across Installation water systems for ease of maintenance and the commonality of replacement parts.

As such, a significant inventory of Cla-Val OEM Components such as replacement Pilot Valves, Diaphragms, Solenoids, Micro-Switches, Valve Stems and Nuts, Springs, Discs and Disc Guide Retainers, and Flow Control Needle Valves are kept on hand for both periodic maintenance and emergency repairs.

(4) A demonstration that the proposed contractor’s unique qualifications or the nature of the acquisition requires use of the authority cited. IAW FAR 6.303-2(b)(5)

This brand, Cla-Val, is standardized throughout Installation Potable Water Systems across Metro San Diego.

Introducing another OEM would unnecessarily increase costs in training and maintenance, as technicians would be required to learn the specifics of the new component’s Operations and Maintenance, troubleshooting, and repair procedures; there would also be an additional and separate parts inventory maintenance requirement, necessitating additional storage, labeling, and stock-keeping requirements, as well as the personnel training costs and additional labor incurred in order to accommodate all of the above.

(5) A description of the market research conducted (see part 10) and the results or a statement of the reason market research was not conducted. IAW FAR 6.303-2(b)(8) https://www.acquisition.gov/far/far2#FAR_Part_10

Similar brands of level control valves include Watts and Zurn. Given that Watts / Ames and Zurn / Wilkins are among the most commonly procured backflow prevention devices and repair kits, and also considering that these brands account for more than 50+% of the inventory across the Metro San Diego AOR (equating to tens of thousands of dollars each year in repair kits and replacement devices and mostly purchased via Government Purchase Card transaction), procuring the new level control valve from Cla-Val Company is actually a greater exercise of competition via vendor rotation than sourcing it from Watts or Zurn would be, since they see much more Government business in their Backflow product lines.

Market Research was performed in May 2023 and August 2023 in hopes of acquiring valve via Government Purchase Card transaction.

POC: Norbert Bellow, MPD Civil Production Controller and Government Purchase Cardholder, norbert.c.bellow2.civ@us.navy.mil, (619) 571-2524

(6) Any other facts supporting the use of other than full and open competition, such as:

IAW FAR 6.303-2(b)(9)

MPD Civil Utilities no longer has Engineers on staff to prepare technical data packages, specifications, engineering descriptions, statements of work, or purchase descriptions, and therefore these are not available.

As Chief Operator, I attest that all facts supporting the use of other than full and open competition are stated above in sections 2-5.

(7) A listing of the sources, if any, that expressed, in writing, an interest in the acquisition. IAW FAR 6.303-2(b)(10)

None.

Minimum Fit, Form and Functional Requirements:

-10.00” Diameter Ductile Iron, Globe Pattern Style Valve -ANSI 150# Flanged Connections -NSF Approved Fusion Bonded Epoxy Lined and Coated -Stainless Steel Trim and Fasteners -Stainless Steel Tubing, Fittings, and Ball Valves -Complete Stainless Steel Pilot System -CRD Pilot Range 30-300 PSI -Closing and Opening Speed Control -Position Indicator and Pressure Gauges

I Certify that this Justification for Other Than Full and Open Competition is accurate and complete to the best of the technical or requirements personnel’s knowledge and belief.

All evidence and supporting data that is the responsibility of technical or requirements personnel (e.g., verifying the Government’s minimum needs or schedule requirements or other rationale for other than full and open competition) has been provided.

Printed Name of End-user or Agency Representative: James Olson Title: Water Quality and Backflow Department Supervisor Organization: NAVFAC SW MPD Civil Utilities

Point of Contact for additional questions (if needed by our acquisition team).

James Olson, (619) 778-7949, james.j.olson5.civ@us.navy.mil

Print Name, Email, Phone Number

Part B - Contracting Activity Justification for Other Than Full and Open Competition

(1) Identification of the Contracting Activity responsible for the acquisition. IAW FAR 6.303-2(b)(1)

The contracting activity is the General Services Administration, Facilities and Hardware Supply Chain Management Contracting Division (SCM), General Supplies and Services (GSS) Federal Acquisition Service, at 2300 Main Street, Kansas City, MO 64108 in support of the Requiring Agency:

NAVFAC SW MPD Civil Utilities, Code PW96C

(2) An identification of the statutory authority permitting other than full and open competition. IAW FAR 6.303-2(b)(4)

Check as applicable:

_____6.302-1 (a)(2) Only one responsible source and no other supplies or services will satisfy agency requirements

__X__6.302-1(c)(1) Brand Name requirement

_____Other:_____________________________________________(include FAR reference)

(3) A demonstration that the proposed contractor’s unique qualifications or the nature of the acquisition requires use of the authority cited. IAW FAR 6.303-2(b)(5)

Section 3.2 (a.)(2)(a)(c) states that DOD components will appropriately identify an item of supply as a single item of production and/or an item with more stringent characteristics (a selection of closer tolerance, specific characteristics, finer quality) than the normal item of production, so that in some particular uses only the more stringent version of the item may be usable but in other uses the normal or the more stringent version may be used interchangeably. Oftentimes this entails that a required item is associated with a particular brand or item peculiar to a single manufacturer.

In addition to the guidance from DODM 4100.39 summarized above, the following rationale is presented in support of the action:

This brand, Cla-Val, is standardized throughout potable water systems across Metro San Diego.Introducing another OEM would unnecessarily increase costs in training, maintenance, and labor as technicians would be required to learn procedures for the new component’s operations and maintenance, troubleshooting, and repair procedures. There would also be an additional and separate parts inventory maintenance requirement, necessitating additional storage, labeling, and stock-keeping requirements that may require additional labor hours.

The cost to the government to train on all brands of control valves and to stock each different part for the various brands is not cost-efficient and is not in the best interest of the government.

Access to pre-stocked replacement parts by well trained technicians is vital to the ongoing water access to Naval Base San Diego and its personnel.

(4) A description of efforts made to ensure that offers are solicited from as many potential sources as is practicable, including whether a notice was or will be publicized as required by subpart 5.2 and, if not, which exception under 5.202 applies. IAW FAR 6.303-2(b)(6)

A combined synopsis will be posted to the GPE (SAM.gov) to pursue competition to the maximum extent possible. Additionally, the approved Justification and Approval will be posted on SAM.gov in accordance with 5.102(a)(6) with the RFQ. FAR 5.202(a)(13) exception regarding a presolicitation applies as the requested items are below the simplified acquisition threshold.

(5) A determination by the contracting officer that the anticipated cost to the Government will be fair and reasonable. IAW FAR 6.303-2(b)(7)

Proposed quotes will be evaluated on a Lowest Price Technically Acceptable (LPTA) basis and for fair and reasonable pricing. If no competitive quotes are received, historical review of pricing may be used to review price reasonableness, as well as additional horizontal price analysis tools such as the GSA Compliance & Pricing Report which compares pricing information for the items in line for award from several databases, including GSA Advantage, DOD EMALL, and NASA SEWP if needed.

(6) A description of the market research conducted (see part 10) and the results or a statement of the reason market research was not conducted. IAW FAR 6.303-2(b)(8)

. The determination has been made that standardization of the valves across the Naval Base Sand Diego AOR is a requirement due to the necessity of having stock on hand for replacement parts and to eliminate any other costs associated with training, is in the best interest of the government. This procurement action is for replacement of an already standardized part. Market Research will be ongoing to ensure competition between all Vendors offering the brand name to the maximum extent possible.

(7) Any other facts supporting the use of other than full and open competition, such as:

IAW FAR 6.303-2(b)(9)

All facts supporting the use of other than full and open competition are stated within this document.

(8) A listing of the sources, if any, that expressed, in writing, an interest in the acquisition. IAW FAR 6.303-2(b)(10)

This is a brand name requirement, any Vendor able to supply the brand name and part number requested will be considered for award based on the evaluation criteria set forth in the Request for Quote (RFQ). The synopsis/solicitation will be posted to SAM.gov; additionally it will be sent to approximately 80 Instaquote vendors to maximize competition.

(9) 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. IAW FAR 6.303-2(b)(11)

This is a one-time purchase request through GSA’s part number program. Since future procurements are not forecasted or anticipated, actions to prevent competition barriers are not needed. In the event a future request is received, a Limited Source Justification (LSJ) will be requested from the end-user and reviewed by the acquisition office to determine acceptability.

In Accordance with FAR 6.303-2(b)(12), I certify that this Justification for Other Than Full and Open Competition is accurate and complete to the best of the Contracting Officer’s knowledge and belief.

Prepared By:

Name Desmond Sysengchanh General Services Administration, HAC

Approved by:

Cara Fowler Contracting Officer General Services Administration, HAC

PART B Brand Name Justification 2