JA for Brand Name or Equal - WOL DO Supply_final redacted.pdf

Control Number: LRN-FY22-21

JUSTIFICATION REVIEW DOCUMENT

FOR OTHER THAN FULL AND OPEN COMPETITION

Program/Equipment: Wolf Creek Diffuser Line Supply Material; Jamestown, KY Authority: 10 U.S.C. 2304(c)(1 ) Amount: $124,000.00

Prepared by: Typed Name: Todd Allman Title: Contract Specialist Phone: (615) 736-2759 E-mail: robert.t.allman@usace.army.mil

Contracting Officer:

Typed Name: Ray Kendrick Title: Contracting Officer Phone: (615) 736-7932 E-mail: ray.kendrick@usace.army.mil

Technical Representative:

Typed Name: Keith Ward Title: Mechanical Engineer Phone: (615) 736-7992

Requirements Representative:

Typed Name: Chris Stoltz Title: Project Manager Phone: (615) 736-2021

Signatures are required below.

I have reviewed this justification and find it adequate to support other than full and open competition.

District Small Business Specialist Typed Name: Eulanda Scott-Shingleton Phone: (615) 736-7569

SCOTT-

Digitally signed by SCOTT-

SHINGLETON.EULANDA.ARL

Date: 2022.10.24 08:54:22

10/24/22

SHINGLETON.EULAND ENE.1044519611

Signature: A.ARLENE.1044519611 -05'00' Date:

Project Manager Typed Name: Chris Stoltz Phone: (615) 736-2021

Digitally signed by

STOLTZ.CHRISTOPHER.F.

OPHER.F.12980 1298047892

10/13/22

Signature: 47892 Date: 2022.10.13 16:38:28 -05'00' Date:

Assistance District Counsel Typed Name: Kathleen Miller

Signature: Date: 10/13/22

STOLTZ.CHRIST

mailto:robert.t.allman@usace.army.mil mailto:ray.kendrick@usace.army.mil

JUSTIFICATION AND APPROVAL (J&A)

FOR OTHER THAN FULL AND OPEN COMPETITION

1. Contracting Agency: United States Army Corps of Engineers (USACE), Nashville District (LRN)

2. Description of the Action: Section 888(a) of the Fiscal Year 2017 (FY17) National Defense Authorization Act (NDAA) (Pub. L. 114-328) requires competition on Department of Defense contracts not be limited through the use of brand name descriptions or proprietary specifications or standards in solicitations, unless a justification is approved in accordance with 10 USC § 2304(f). In accordance with DASA(P) Policy Alert 19-108, Brand Name requires justification for “brand name” descriptions. Approval is requested to indicate that the brand name products identified in this document, are used as the basis of design for the assembly and installation of on-grade oxygen supply and buoyancy lines and in-reservoir diffuser lines at Wolf Creek Dam and are justified on a brand name basis. The plans and scope of work indicate the standard of quality required and the make and model used as basis of design which is the only system compatible with Tennessee Valley Authority’s (TVA) proprietary oxygen diffuser design.

3. Description of Supplies/Services or Nature of Construction: A reservoir oxygen diffuser system is being installed at Wolf Creek Dam to mitigate downstream dissolved oxygen concerns. USACE will utilize TVA’s oxygen diffuser expertise through an Interagency Agreement (IAA) for the assembly and installation of the on-grade and in-reservoir diffuser lines that will deliver oxygen from the cryogenic facility to the reservoir. A supply contract will be used to acquire the material necessary to complete the diffuser line assembly and installation.

The period of performance for this project is approximately 480 calendar days from signature of the IAA. The supply contract estimate is approximately $2.6M. The estimated value of equipment and materials included in the contract documents as Brand Name is approximately $124,000.00 (5% of the total estimated contract value).

The design identifies six separate items from four specific brands with an aggregate value of approximately XXXXXXXXX. See table below for a complete list of items, manufacturer, and estimated cost of such items.

Item: Brand and Size Quantity Unit Estimated Cost Aero Tubing Swan Products - 1" O.D., 1/2" I.D. 60000 ft. $ 90,000 SS Single Ear Clamps -marine grade Oetiker # No. 15500012 6000 ea.

$ 7,000

SS Single Ear Clamps -marine grade Oetiker # No. 15500015 12000 ea. $ 10,000

Shackles Crosby Brand - 7/8" CR-1018516 8 ea. $ 500 Shackles Crosby Brand 3/4" CR-1018491 8 ea. $ 500 Ear Clamps Ideal Brand 9/16” 63004-0096 6000 ea. $16,000

TOTAL $124,000

4. Authority Cited: The statutory authority permitting other than full and open competition for this acquisition is 10 U.S.C. § 2304(c)(1) as implemented by FAR 6.302-1, Only one responsible source and no other supplies or services will satisfy agency requirements. In accordance with Defense Federal Acquisition Regulation Supplement (DFARS) 206.302-1(c)(2) and section 888(a) of the NDAA for FY17 (Pub. L. 114-328), this J&A is required in order to use brand name descriptions.

5. Background: The Cumberland River below Wolf Creek Dam has been designated as a cold-water aquatic habitat, by the State of Kentucky, which has a DO target that includes an instantaneous DO of 5.0 mg/L, a daily average DO of 6.0 mg/L and a temperature target of 20 C. During summer and fall, orifice and sluice gate releases are required to achieve the required DO levels which result in significant losses in energy generation. An oxygen diffuser system can meet downstream DO targets, allowing the Power Plant to maximize generation during the low DO season.

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.

6. Alternatives: No alternatives are available since the material must meet the requirements of TVA’s diffuser line design. Attempting to cover all necessary requirements for the equipment by allowing a brand name or equal would increase risk to the Government. An oversight or omission when describing salient characteristics could lead to a component of the system not functioning as intended, and it increases the likelihood that the Contractor will propose an alternative that does not meet project needs.

7. Impact: Due to the specialized equipment, integrated nature of the total system, and the relatively low cost of individual components, listing the products by Brand Name is not expected to have a significant impact on the overall procurement. Further, eliminating the basis of design elements would limit the Government’s ability to ensure adequate performance of the diffuser system to meet downstream dissolved oxygen targets and increasing the operation and maintenance of the equipment due to poorer performance of the substituted parts.

8. Market Research: During the design and scoping of this project, the Government has conducted research regarding the system’s essential material and had extensive discussions with TVA on the subject., TVA has determined the indispensable components of the in reservoir diffuser system through decades of trial and error and iterations of their proprietary design. The current design is the 3rd generation of in reservoir diffuser system.

Based on involvement of experts in the field and discussions with multiple manufacturers, only the listed items will meet the needs of the project and TVA’s proprietary design criteria.

9. Justification: TVA has decades of experience mitigating dissolved oxygen issues through the use of a proprietary oxygen diffuser system. Through their experience, they have refined a proprietary diffuser line design that mitigates dissolved oxygen issues, is easy to maintain, and remains operational for decades with minimal maintenance. Low cost brand name products are used to adhere to TVA’s proprietary diffuser system design. TVA will assemble and install on-grade oxygen supply and buoyancy lines and in-reservoir diffuser lines. It is imperative the materials acquired adhere 100% to TVA’s design to ensure assembly and installation is competed correctly as well as ensuring the longevity of the system. Significant effort was undertaken by the Government to research and identify the individual components needed to design an integrated system capable of meeting the project’s needs and standards as well as tie it into the larger needs and standards of the Government Site on which it operates.

Not utilizing the Brand Name items within this justification would leave such ambiguities in the design that it would require excessive and unnecessary work by TVA for components that are commercially available or USACE Staff integrating off-the-shelf items that would not integrate with the proprietary design of the TVA.

Swan Aero-Tubing is the only product that delivers micro bubbles of oxygen to water at an average size of 3 mm.

This increases the oxygen transfer rate by prolonging the exposure to the water and satisfies the requirements of the Government

The Oetiker Single Ear Clamps, Crosby Brand shackles, and Ideal Brand ear clamps are all integral items associated with TVA’s proprietary design developed over decades of manufacturing and installation diffuser systems. Without these items, the system cannot be trusted to perform at the level in which the Government requires.

Because each manufacturers’ product has slightly different specifications, to achieve a 100% design it is necessary to identify one (1) product (in each of the 6 Brand Name or Equal instances totaling 4 specific brand names) as the basis of design. All instances of brand name mentions were to achieve 100% design with consideration of the requirements of TVA’s proprietary diffuser design.

10. Technical Certification:

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: Chris Stoltz Date:

10/24/22

STOLTZ.CHRISTOP STOLTZ.CHRISTOPHER.F.12980

Digitally signed by

Title: Project Manager Signature: HER.F.1298047892 47892 Date: 2022.10.24 13:37:10 -05'00'

I hereby determine that the anticipated cost or price to the Government for this contract action will be fair and reasonable. This determination was made utilizing market research and independent government estimates.

Certified cost or pricing data is not required. It is anticipated that this solicitation will receive competition from two or more responsible bidders utilizing the procedures in FAR Part 15.

Name: Sean Woodfield Date: 10/24/22

WOODFIELD.SEAN.M WOODFIELD.SEAN.MICHAEL.12

Digitally signed by

Title: Cost Engineer Signature: ICHAEL.1291437563 91437563 Date: 2022.10.24 13:00:42 -05'00'

Based on the foregoing justification, I hereby approve the procurement of the brand name items listed in Paragraph 3 for the A reservoir oxygen diffuser system is being installed at Wolf Creek Dam, Jamestown, KY estimated at $2,600,000 on an other-than full and open competition basis pursuant to the authority of 10 U.S.C.2304(c)(1), subject to availability of funds, and provided that the supplies herein described have otherwise been authorized for acquisition.

Date:

10/28/22

2022.10.28 10:00:17 -05'00'

Signature:

Ray Kendrick Contracting Officer

11. Requirements Certification:

12. Fair and Reasonable Price Determination:

13. Contracting Officer Certification and Approval:

Name: Keith Ward 10/19/22

Date:

WARD.KEITH.E.13 Digitally signed by

Title: Technical Lead Signature: 83738900

WARD.KEITH.E.1383738900

Date: 2022.10.19 08:27:24 -05'00'