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Justification and Approval for construction material peculiar to one manufacturer-TEKMAR

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JUSTIFICATION AND APPROVAL

FOR OTHER THAN FULL AND OPEN COMPETITION

1. CONTRACTING AGENCY: U.S. Anny Engineer District, Alaska, Contracting Division, P.O. Box 898, Anchorage, Alaska 99506-0898.

2. DESCRIPTION OF ACTION: Construction material to be included in the specifications for a task order under the Facilities Repair and Renovation Multiple Award Contract (FRR MATOC) using American Recovery and Reinvestment Act (ARRA) funds for PROJECT NUMBER 34954, Install Heat Controls Bldg 7, PROJECT NUMBER 35209, Install Heat Controls For Side Walk System Bldg 1, PROJECT NUMBER 35211, Install Heat Controls For Sidewalks BId 690. The sidewalk system snow melt controller and sensor specifications identifies an item peculiar to one manufacturer.

3. DESCRIPTION OF CONSTRUCTION: The construction material specified is estimated to be approximately $5,000.00 each for a total of $15,000.00 for the three snow detector and melting controls;

and sensors required to repair the existing sidewalk snow melt systems for Buildings 1, 7 and 690, Fort Richardson, Alaska.

4. AUTHORITY CITED: 10 U.S.C. 2304(c)(1), as implemented by FAR 6.302-1 and DFARS 206.302-1, Only One Responsible Source.

5. REASON FOR AUTHORITY CITED: Acquisition of the constlUction material must be accomplished through other than full and open competition as the only known source that will meet the construction specifications to repair the existing sidewalk snowmelt systems. A sources sought announcement was published in the Federal Business Opportunities (FedBizOpps) on January 11, 2010 and no responses were received. The government will be harmed if the construction project is not provided as the snow melt system is currently on year around and wastes energy. A modulating snow melt system as opposed to a full on-full off system meets the installation's energy conservation guidance.

6. EFFORTS TO OBTAIN COMPETITION: A sources sought announcement for the constlUction material as an item peculiar to one manufacturer was published in the Federal Business Opportunities (FedBizOpps) on January 11,2010 and no responses were received. The construction projects are competed actions; only the constlUction material will be subcontracted as an item peculiar to one manufacturer. Based on information in paragraph 5, above, competition for the construction material is not feasible.

7. ACTIONS TO INCREASE COMPETITION: Sidewalk snowmelt system procurements are acquired through competition. Market research will be performed for any follow-on requirement to identify all potential sources.

8. MARKET RESEARCH: The design analysis for the constlUction contract concluded that no other controller would meet the installed systems requirements. Inclusion of another controller in the specification resulted in suppliers identifying that another controller would not meet the specifications of the existing sidewalk snowmelt system. Market research conducted by the government yielded no responses.

9. INTERESTED SOURCES: To date, no other sources have expressed an interest in writing however, all offers received shall be considered.

10. OTHER FACTS: There are no other facts that controlling this acquisition.

J4CTCSMC

Typewritten Text Control No. POA10-04

11. TECHNICAL CERTIFICATION: Include the following statement:

I certify that the supporting data under my cognizance which are included in the justification are accurate and complete to the best of my lmowleoge and belief.

NAME: ~r~~'bb·-GJ.ff: A

TITLE: 0."\.,\ l 't:~\!S E"'§ t· ... ~ U' SIGNA

12. REQUIREMENTS CERTIFICATION: Include the following statement:

I certify that the supporting data under my cognizance which are included in the justification are accurate and complete to the best of my knowledge and belief.

NAME: \€~RY slD~6

TITLE: {"-Dro f£ t\ Kt\ tJ-A.&>E.t,

13. FAIR AND REASONABLE COST DETERMINATION:

"I hereby determine that the anticipated cost or price to ~e Government for this contract action will be fair and reasonable." The construction material is a commercial-off-the-shelf (COTS) item and the prime contractors will use commercial item subcontracting to procure the construction material at prices at or below the published market prices.

NAME: 5"'54' Cy«r TITLE: Contracting Officer

DATE: 1-:1' -/0

SIGNATURE: ~ed. ,

14. CONTRACTING OFFICER CERTIFICATION:

"I certify that this J&A is accurate and complete to the best of my lmowledge and belief." ::' ~:±- SI::~-:--"-/_Z-",(~~-~I-'O""------""'" " r

APPROVAL

Based on the foregoing justification, I hereby approve the procurement TEKMAR Snow Detector and Melting Control and TEI(MAR Sensor on an other than full and open competition basis pursuant to the authority of 10 U.S.C. 2304(c)(1) subject to the availability of funds, and provided the construction material herein described has otherwise been authorized for acquisition.

NAME: SUS.;/( Cyt1~ TITLE: Contracting Officer

DATE: J-:l~ -I/)

SIGNATURE: ~~

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