Justification for Other Than Full Competition - W912ES26CA021.pdf

This document is a Justification for Other Than Full and Open Competition filed by the U.S. Army Corps of Engineers – St. Paul District for a non-competitive procurement of replacement subassemblies for a Lock & Dam tow haulage system.

The U.S. Army Corps of Engineers awarded a firm fixed-price supply contract valued at $997,028.00 to TSE International Inc. to supply Timberland Equipment Ltd. modular tow haulage system subassemblies manufactured by Timberland Equipment Ltd., a Canadian firm. TSE International Inc., a U.S.-incorporated small business located at 5301 Shreveport, LA 71107, will serve as the prime contractor and 100% subcontract to Timberland Equipment Limited (459 Industrial Ave, Woodstock, ON N4S 7L1, Canada). The contract covers manufacturing and supplying two units each (with an option for one additional unit) of the following subassemblies: Hydraulic Tow Haulage Winch (GP120-1-H), Hydraulic Power Unit (HPU-1x60EH), Two Control Stations, and HPU Starter Panel. These customized subassemblies are designed to replace inoperable equipment at district locks and allow worn equipment to be removed for overhaul. The subassemblies must be fully compatible with all existing tow haulage system equipment and support "plug and play" installation within 8 hours without requiring calibration or system certifications. The justification identifies four specific factors precluding competition: technical compatibility requirements with existing Timberland-designed systems using proprietary designs developed over twenty years ago; patent, copyright, and proprietary data limitations; direct replacement part requirements; and statutory restrictions related to Canadian contracting regulations (DFARS 225.870 and the DPSA agreement). A notice of intent to limit competition was posted to SAM.gov on July 27, 2026, with a July 30, 2026 deadline for interested parties to dispute the sole-source determination. No responses were received.