JA W912EK24D0006.pdf

Control # MVR-24-012 Contractor: YSI Incorporated Supply/Service: Hydrologic instruments, maintenance, and repair IDIQ

Estimated Dollar Value:

Single Source Justification for Other than Full and Open Competition US Army Corps of Engineers, Rock Island District

FAR 13.106-1(b)(2), Simplified Acquisitions

1. Contracting Activity:

U.S. Army Corps of Engineers (USACE) – Rock Island, IL.

2. Description of Action:

This requirement will result in an IDIQ contract with YSI Incorporated (YSI) of 9940 Summers Ridge Road San Diego, California, 92121-2997 for instruments, parts and repairs. Award is anticipated in September of 2024. The estimated total dollar value is The proposed contract will include a base and 4 option years. Capacity of the contract may be shared with St. Paul and St. Louis District Corps of Engineers.

3. Description of Supplies/Services:

This procurement is for the acquisition of hydrologic instruments and equipment, ancillary parts, as well as maintenance, calibration, and repair of this equipment. Instrumentation and equipment include water quality monitoring sondes and probes; river and stream velocity measurement instrumentation; and stream gaging equipment. Services include maintenance and repairs as well as calibration to meet Army Test, Measurement, and Diagnostic Equipment (TMDE) regulations as required by AR 750-43. All equipment and instruments procured and repaired with this contract are commercial items. YSI is the sole licensed distributor of this equipment manufactured as the Xylem brand which is environmentally essential technology.

4. Authority Cited:

The statutory authority permitting other than full and open competition when only one source is reasonably available is 41 U.S.C. §1901, as implemented by FAR Subpart 13.5, and FAR 13.106- 1(b)(2).

5. Reason for Authority Cited:

As provided in FAR 13.106-1(b)(2), for purchases exceeding the simplified acquisition threshold, the requirements at 13.501(a) apply to sole-sourcing (including brand-name) acquisitions of commercial products and commercial services conducted pursuant to subpart 13.5. Per FAR 13.501(a)(2)(i), for proposed contract(s) exceeding the simplified acquisition threshold, but not exceeding $750,000, the contracting officer’s certification that the justification is accurate and complete to the best of the contracting officer’s knowledge and belief will serve as approval, unless a higher approval level is established in accordance with agency procedures.

It is in the best interest of the Government to procure and maintain these items from YSI. The equipment and instruments required to meet requirements for Navigation, Flood Risk Management, Ecosystem Restoration and Recreation missions are highly specialized and must meet rigorous requirements for accuracy, operation in demanding field conditions, and interoperability with existing infrastructure. The river gaging network and water quality monitors are a major investment of resources and labor by the agency. Rock Island District utilizes products under the Xylem brand as integral parts of the river gaging infrastructure, to monitor and survey velocity and flow patterns in the rivers, as well as to provide in-situ and real-time water quality monitoring to meet permitting requirements as well as assess success of ecosystem restoration projects. These instruments and

Control # MVR-24-012 Contractor: YSI Incorporated Supply/Service: Hydrologic instruments, maintenance, and repair IDIQ

Estimated Dollar Value:

equipment are essential to the effective operation of the network and are also needed to add new stations as programs evolve. YSI is the sole provider of this Xylem brand equipment and there is no other source of compatible equipment. Retooling all river gages and water quality instrumentation to utilize other brands is well beyond appropriation limits and would result in a decrease of reliability and accuracy, increasing risk particularly to the navigation and flood risk management missions.

6. Actions to Increase Competition:

In accordance with FAR 5.201, the Government published a notice of intent to sole source in SAM.gov. The Government published on 04 September 2024, each time requesting responsible sources to submit a capability statement, proposal, or quotation, which shall be considered by USACE. To date this notice has received no responses.

7. Market Research:

Market research was conducted by the customer in June of 2024 in coordination with the Contracting Office and found no other capable sources providing the interoperability, quality and repair of the necessary equipment and instrumentation.

8. Procurement History:

Procurement History – Prior to 2019, the U.S. Army Corps of Engineers, Rock Island District had procured these required parts and services through competitive contracts and GPC micro-purchases from YSI subsidiary companies and through third-party vendors that were licensed to sell Xylem products. However, beginning in 2019, YSI reorganized, disallowing subsidiary companies and third-party vendors form selling Xylem products and services, thus making YSI the only authorized vendor within the Rock Island District footprint. Further, USACE-Rock Island District received a letter from YSI on 3 September 2024 confirming that they are the sole manufacturer and distributer of the required products.

9. Fair and Reasonable Cost Determination:

I hereby determine that the anticipated price for this contract action will be fair and reasonable based on pricing consistency with similar procurements in accordance with FAR 15.404-1(b)(2)(ii).

10. Technical and Requirements 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.

Signature:

Name:

Title: Chief, Water Quality and Sedimentation Date:

11. Contracting Officer’s Approval:

I hereby certify that this justification is accurate and complete to the best of my knowledge and belief. Based on the foregoing, I approve this sole source justification subject to availability of