KO Determination- Limiting Competition (Final)_Redacted.pdf

Contracting Officer's Determination - Limiting Competition at or below the Simplified Acquisition Threshold

1. Contracting Activity: Department of the Army, U.S. Army Corps of Engineers (USACE), Nashville District 110 9th Ave. South, Nashville, Tennessee 37203

2. Description of Action: This requirement is for the purchase and installation of a replacement air conditioning unit and associated accessories in the Barkley Power Plant. The Power Plant HVAC system is unique because the common unit has field mounted condensers that utilizes water drawn from Barkley Lake to provide a source of cooling. The HVAC heat exchanger for this unit has a Brand Name component requirement. The Brand Name component is a DHT-P-T e Heat Exchan er which is an external system connected to the AC unit.

he Contract will be a Firm Fixed-Price Supply contract.

Nature: - New Requirement D Follow-on Requirement

Contract Vehicle: - Purchase Order D Blanket Purchase Agreement (BPA) D Order/BPA against FSS Contract# _____ _ D Order against Multiple Award IDIQ Contract # _____ _ D Order against a single award IDC Contract

D Modification to existing PO/TO/DO/Call Order

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

Funds: - Operations & Maintenance, Army (OMA)

Name of Proposed Contractor(s) and Address:

Not applicable. While there is a Brand Name component associated with this acquisition, the HVAC unit itself will be competed.

Brand Name Buy: - Yes D No

Controlled by: USACE Controlled by: CELRN-CT CUI Category: PROCURE

Limited Designation Control: FED ONLY POC: Bradley Eiras, (615)736-5640

Control No: LRN-FY25-16

Control No: LRN-FY25-16

Description of Services or Supplies: This DHT P-Type Heat Exchanger is not part of a normal Air Conditioning unit, it is an external system that is connected to but sits next to the AC unit and uses recycled lake water to control excess heat from the AC unit.

This environmentally-friendly system is already in use on the existing HVAC systems in Zone 1 and Zone 2. This solicitation is for replacement of the HVAC in Zone 3. Using a similar system will keep the system environmentally friendly and make maintenance of the units easier (i.e, spare parts the Powerplant has now can be used for this new system).

4. Authority: FAR 13.106-1(b)(1)

- 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

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

Or

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

5. Reasons for Authority Cited:

The use of the brand name DHT P-Type heat exchanger will allow the Government to maintain consistency with the existing systems.

Using a non-brand name manufacturer may impact the reliability of the total system. In addition, the risk of non-compatibility could lead to overall HVAC issues potentially causing outages or increased funding for maintenance issues. The use of brand name will ensure optimal performance of the equipment.

6. Publicizing Contract Actions: For FAR Part 13 actions, the public display and synopsis requirements of FAR 5.101 and FAR 5.203 D do not apply due to the$ threshold, D apply and will be followed, or - do not apply due to an exception at

5.202 (1-.Qa+-) 1+..3,___ ____ _