KO Det-Limiting Comp Below SAT OPS-N Caterpillar Marine Generators_Redacted.pdf

Control No: LRN-FY21-09

Contracting Officer’s Determination – Limiting Competition at or below the Simplified Acquisition Threshold

1. Contracting Activity: Nashville District

2. Description of Action:

Nature: X - New Requirement Follow-on Requirement

Contract Vehicle: X - Purchase Order

Blanket Purchase Agreement (BPA) Order/BPA against FSS Contract #_____ _________ Order against Multiple Award IDIQ Contract #______________ Order against a single award IDC Contract

Modification to existing PO/TO/DO/Call Order

Pricing/Contract Type: X - Fixed Price Time & Materials/Labor Hours Cost Reimbursable Hybrid

Funds: X - Operations & Maintenance, Army (OMA) Other Funds: ________

FY: 2021

Name of Proposed Contractor(s) and Address:

Thompson Power, 1291 Corporate Ave, Memphis, TN 38132_ Attn: Kip Lemons, Commercial Engine Sales Manager______ 901-344-5673 direct, 901-568-8494 cell_

Brand Name Buy: X Yes No

3. Description of Services or Supplies:

- Total Estimated Price:

-- Three (3) Caterpillar C4.4 99kW Marine Diesel Generators for the Motor Vessel Iroquois & Shop Barge ND-40.

Estimated Unit Price: , Extended Price:

-- One (1) Caterpillar C1.5 12kW Marine Diesel Generator for the Motor Vessel Hollings.

Estimated Unit Price:

-- Procurement & Delivery Estimated Unit Price:

Period of Performance: The generators shall be delivered not later than August 31, 2021.

4. Authority:

X FAR 13.106-1(b)(1): For purchases not exceeding the simplified acquisition threshold (SAT), only one source reasonably available, urgency, exclusive licensing agreements, brand name, or industrial mobilization.

Or

FAR 8.405-6(a)(1)(i)(B) and 8.405-6(b)(1)Brand Name FAR 8.405-6(a)(1)(i)(A) Urgency FAR 8.405-6(a)(1)(i)(B) Only One Source is Capable FAR 8.405-6(a)(1)(i)(C) Logical Follow-on

Or

FAR 16.505(b)(2)(i)(B) Only One Awardee is Capable FAR 16.505(a)(4) Brand Name FAR 16.505(b)(2)(i)(A) Urgency FAR 16.505(b)(2)(i)(C) Logical Follow-on FAR 16.505(b)(2)(i)(D) Minimum Guarantee

5. Reasons for Authority Cited: On behalf of the Navigation Section, USACE LRN Operations, the Technical Point of Contact Joseph M. Adawag asserts that Section employees currently possess Caterpillar diagnostic equipment and training for the purpose of performing maintenance and repairs specifically on Caterpillar generators.

Any other brand name would result in the unnecessary execution of funds by the Government for the purpose of contracting-out maintenance and repairs on the equipment. More specifically, contracting-out maintenance, repair and operations (MRO) versus performing MRO organically by USACE employees would require additional costs and time to cover the labor expense and lead time required to perform market research, solicit quotes, evaluate offers, and award a contract. Also, contracting-out MRO would result in underutilization of the diagnostic equipment that is currently owned by the Navigation Section which could be perceived as a lack of prudent use of taxpayers’ dollars. Finally, note that there is a slight offset considering the labor provided by the Navigation Section in physically performing the maintenance compared to the amount of time they spend writing the specifications for contracts, answering questions, and reviewing Contractor’s quotes. However, this factor basically results in an equal and balanced effort. Ultimately it is considered to be in the best interest of the Government to procure Caterpillar generators as a sole source purchase of equipment to be utilized by the Navigation Section on the vessels and work barge due to the need for specialized diagnostic equipment, and personnel requiring specified training to perform diagnostic, maintenance, and repairs to the equipment in-house.

6. Publicizing Contract Actions: For FAR Part 13 actions, the public display and synopsis requirements of FAR 5.101 and FAR 5.203 do not apply due to the $ threshold, X apply and will be followed, or do not apply due to an exception at 5.202_ (a)(6) Indefinite Delivery / Indefinite Quantity (IDIQ).

Requirement to post justification in accordance with FAR 8.405-6(b)(3), FAR 13.105(c), or FAR 16.505(a)(4)(iii)(A)

Action is NOT a brand name restriction and is under SAT, no posting required Action is a brand name restriction, under $25K, no posting required.

X Action is a brand name restriction, over $25K. It will be redacted and posted with the solicitation.

Action is a brand name restriction over $25K but will not be posted due to exception:

FAR 6.305(f) FAR 8.405-6(b)(3)(iii)(A)

FAR 8.405-6(b)(3)(iii)(B) FAR 8.405-6(b)(3)(iii)(C) FAR 16.505(a)(4)(iii(C)

7. Market Research: Contracting Officer has determined that due to compatibility with existing USACE diagnostic equipment and training, no Sources Sought announcement is to be published on beta.sam.gov. Contract Specialist conducted a search of the SBA Dynamic Small Business website for contractors in TN, yielding only 14 small business profiles under NAICS 333618 - Other Engine Equipment Manufacturing (including Marine engines manufacturing).

8. Other Facts: It is necessary for USACE-LRN to purchase these exact makes and models of Marine Diesel Generators to stay compatible with existing diagnostic equipment and training currently utilized by the Navigation Section, USACE LRN Operations.

9. Technical/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.

Joseph M. Adawag, Civil Engineering Tech Date

10. Contracting Officer Certification/Approval:

I hereby determine that the anticipated cost or price to the Government for this contract action will be fair and reasonable based upon price analysis. I certify that this justification is accurate and complete to the best of my knowledge and belief, and that completing this purchase as a sole source is in the best interest of the Government. Additionally, I approve this justification to limit competition subject to the availability of funds and provided that the services or supplies herein described have otherwise been authorized for acquisition.

___________________________________ 11 Jun 2021 JW Purcell, Contracting Officer Date