Justification and Approval - Redacted - W9128F23B0004.pdf

JUSTIFICATION AND APPROVAL FOR

OTHER THAN FULL AND OPEN COMPETITION

1. CONTRACTING AGENCY: The responsible contracting agency is the U.S. Army Corps of Engineers, Northwestern Division, Omaha District, Contracting Division (CENWO-CT), 1616 Capitol Avenue, Omaha, NE 68102.

2. DESCRIPTION OF ACTION: US Army Corps of Engineers – Omaha District (CENWO) requests approval to indicate the use of brand-name products are justified as identified in solicitation W9128F23B0004 for a new construction contract action to provide flood risk reduction features on the St. Vrain Creek in Longmont, Colorado. The contract includes a prefabricated, skid mount pump station and related components for an irrigation system that is designed for interoperability with the non-federal sponsor, the City of Longmont’s existing irrigation system on the St. Vrain Greenway. The St. Vrain Greenway is a continuous series of parks and trails that follows the river through the length of the community and the federal project is located along a portion of the Greenway.

The Invitation for Bids (IFB) is a Firm Fixed Price construction contract using with a Small Business set aside. Only a portion of the acquisition is for brand-name products, the justification and approval are to cover only the portion of the acquisition which is identified as brand-name. The brand-name products include the following equipment:

Syncroflo Eagle prefabricated vertical turbine irrigation pump, model 820-32L-100-850 Amiad SAF 4500 auto flush strainer with 200 micron stainless steel screen and control panel 6-Inch full bore Krohne magnetic flowmeter Toro Sentinel Control Field Unit, model #SSAKxxPSI6NS4 Toro Sentinel remote modem transceiver assembly with antenna, model SRTA Toro Sentinel hand-held radio, model SHHR Data Industrial irrigation flow meter model IR228PV Data Industrial irrigation flow meter model IRR220BR

DESCRIPTION OF SERVICES: The flood risk reduction project is located along the St. Vrain Creek in Longmont, Colorado, adjacent to the Izaak Walton Nature Area along the St. Vrain Greenway trail system. The project primarily consists of channel modifications to increase capacity and a left bank levee. The project reach extends from approximately 700 feet upstream of Sunset Street bridge to 200 feet upstream of Boston Avenue bridge where the project will tie into previously improved reaches downstream.

The specified brand-name equipment (identified above) relates to the contract requirements for the replacement of the Izaak Walton Nature Area’s flood-damaged irrigation system. The new irrigation equipment is designed for interoperability with the City of Longmont’s existing irrigation system.

This contract action is to be solicited using an Invitation for Bids (IFB), set aside for a Small Business, awarded on the basis of lowest price.

The complete list of equipment is identified in the Description of Action, FAR 52.225-9, FAR 52.225-10 and FAR 52.225-11 will be included in the solicitation to ensure compliance with the Buy American Act.

3. AUTHORITY CITED: 10 U.S.C. 3204(a)(1), as implemented by Federal Acquisition Regulation (FAR) 6.302-1, gives DoD the authority to set aside requirements when there is only one responsible source, and no other supplies or services will satisfy agency requirements. FAR 6.302-1(c)(1)(ii) states: An acquisition or portion of an acquisition that uses a brand-name description or other purchase description to specify a particular brand-name, product, or feature of a product, peculiar to one manufacturer. This justification shall be posted with the solicitation per FAR 5.102(a)(6).

4. REASON FOR AUTHORITY CITED: This J&A is based upon FAR 6.302-1(c)(1)(ii) and is necessary for this requirement based on the following rationale:

a. Background: The contract includes seeding and planting of approximately 8 acres with native seed mixes, plugs, trees, and shrubs. An adequate vegetative cover is essential to the resiliency of levee embankments and channel banks to provide erosion control and stabilization. Further, the wetland plantings address disturbances to the wetlands during construction. The semi-arid climate in Longmont necessitates the use of regular irrigation for the first several years after planting to achieve acceptable plant establishment.

The irrigation system must be able to reliably function within the existing St. Vrain Greenway irrigation system.

b. Justification: The statutory authority permitting this exception to fair opportunity is 10 10 U.S.C. 3204(a)(1) as implemented by FAR 6.302-1(c)(1), “An acquisition or portion of an acquisition that uses a brand-name description or other purchase description to specify a particular brand-name, product, or feature of a product, peculiar to one manufacturer”

6. EFFORTS TO OBTAIN COMPETITION: Competition is obtained to the maximum extent practical by utilizing specific products only to the extent necessary to ensure a compatible and reliable irrigation system will be installed to meet the needs of the project and non-federal sponsor, the City of Longmont. The approved brand name redacted justification will be posted with the Solicitation in accordance with FAR 6.305(c).

7. ACTIONS TO INCREASE COMPETITION: This J&A supports a discrete requirement that will end when the project is complete. The requirement will be posted on SAM and allow for any Small Business to respond to the IFB. Therefore, there are no planned actions to increase competition for the requirement beyond what is already covered by this J&A.

8. MARKET RESEARCH: Market research for the full construction contract was conducted in April 2022 resulting in reasonable expectation that at least two potential bidders from small businesses could successfully bid and perform the effort. Additionally, there are multiple distributors for the brand name equipment specified in the contract that any potential bidder could procure and install.

9. INTERESTED SOURCES: The products specified as brand-name do not require installation by a brand-name installer and may be acquired for installation by any interested contractor. Any Small Business that is interested in this requirement has the ability to install if they are capable.

10. OTHER FACTS: The approved, redacted J&A will be posted with the solicitation in accordance with FAR 6.305.

APPROVAL

Based on the foregoing justification, I hereby approve the procurement of a prefabricated, skid mount pump station and related components for an estimated on another than full and open competition basis pursuant to the authority outline included in 10 U.S.C. 3204(a)(1) and FAR 6.302-1, subject to the availability of funds and provided that the services and property herein described have otherwise been authorized for acquisition.

DATE

Contracting Officer U.S. Army Corps of Engineers