Redacted_Determination_to_solicit_from_a_single_source_under_SAT__FAR_13_1.docx

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DETERMINATION TO SOLICIT FROM A SINGLE SOURCE

Pursuant to Federal Acquisition Regulation (FAR) 13.106-1(b)(1)(i), for purchases not exceeding the Simplified Acquisition Threshold (SAT) Contracting Officers may solicit from only one source if the circumstances of the contract action deem only one source is reasonably available (e.g., urgency, exclusive licensing agreements, brand name, or industrial mobilization).

Pursuant to FAR 13.106-1(b)(1)(ii), when a single source is identified to provide a portion of the purchase as a Brand-Name, the documentation in paragraph 3 must state that this determination is only for a portion of the requirement.

1. Agency and Contracting Activity.

U.S. Department of the Interior, Bureau of Reclamation, Acquisition Services CGB-3800 2800 Cottage Way Sacramento, CA 95825

2. Name and Address of Single Source.

ADS LLC

DBA: Accusonic Technologies 340 The Bridge ST STE 204 Huntsville, Alabama 35806-0020 United States

3. Description of Supplies/Services and Estimated Cost.

The Northern California Area Office (NCAO) has a requirement to replace forty (40) transducers on five (5) penstocks at Shasta powerplant and eight (8) transducers on Trinity powerplant’s main penstock. The requirement also includes the installation of thirty-two (32) Government-owned transducers downstream of the butterfly valves on the two (2) penstocks at Trinity powerplant. This will be a FFP purchase order utilizing O&M funding. The current flowmeter control boxes at these powerplants are manufactured by Accusonic Technologies. This is to justify the purchase and installation of transducers from Accusonic Technologies so that they will be compatible with the existing control boxes and housings.

Forty (40) transducers in the five (5) penstocks at Shasta powerplant are no longer working due to sixteen years of weather damage. Eight (8) transducers on the main penstock at Trinity powerplant have also been damaged due to weather. This project will include the purchase and installation of ultrasonic flow measuring transducers to fit in the existing sockets on each of the penstocks mentioned and to install Government owned transducers in two (2) penstocks that bifurcate from the main penstock at Trinity powerplant. These transducers will need to be connected and compatible with the existing Accusonic Technologies flow measuring control boxes. These requirements shall be completed within 90 days of contract award.

4. Description of Circumstances, including why only one source is reasonably available.

IAW FAR 13.106-1(b)(1)(i), specific characteristics of the Accusonic Technologies transducers limit the availability to a sole source. Only this suggested source can furnish the requirements, to the exclusion of other sources, because the transducers will need to be able to communicate with the existing control units.

The current system control units are manufactured by Accusonic Technologies and require transducers manufactured by Accusonic Technologies for them to properly communicate with the existing control units. Although there are other manufacturers of flow meters, each brand maintains their own technology. This means parts are not interchangeable. The alternative to replacing just the transducers would be to replace the entire system, including control boxes. This alternative would involve removing the transducers from the penstocks, patching the holes, and then drilling new holes and installing a new system as well as updating expensive control units.

The manufacturer of the transducers the Government seeks is Accusonic Technologies, a brand of ADS LLC. As mentioned above, Accusonic is the manufacturer of the currently installed flowmeter control boxes for the penstocks and owns the patent for their transducers making them proprietary in nature. As a result, they are uniquely qualified to supply the replacement parts (transducers) for the existing system. Only the parts supplied by them will be able to communicate data to the meters currently installed and Accusonic is the only distributor of their products.

Another intangible factor involves the perception of the end users of the data from the flowmeter system. The entire system of powerplants in the California Great Basin Region are part of the highly demanding and dynamic central valley project which includes power delivery, water delivery and waterway temperature control. As a result, many organizations and Federal agencies, each having differing interests, obtain and rely upon the data provided by Reclamation regarding the amount of water and temperature of the water passing through each powerplant. Through experience, these organizations have come to trust the information provided by the Accusonic flow meter system. If the system were to be replaced by that of another manufacturer, it would likely result in a reduction in the level of trust in the data, and additional costs to verify and validate the data.

5. Determination of Fair and Reasonable Price.

The Government will conduct a fair market price analysis on the offeror’s proposed pricing as required by FAR 13.106-2(b)(1), Evaluation Procedures. The price for the transducers and installation will be compared to the vendor’s advertised catalog pricing offered to the public as well as a comparison of proposed costs/prices with similar supplies or services. No purchase order will be issued until the contractor’s pricing has been determined to be fair and reasonable in accordance with FAR 13.106-3(a)(2)(i) and FAR 13.106-3(a)(2)(iii).

6. Description of Market Research.

Market research is based on an internet search of the market, phone calls, GSA eBuy, SBA Dynamic Search, and previous purchases for the same or similar items (previous purchase orders: R17PX00795 and 140R8119P0070).

According to SBA’s Dynamic Small Business Search, zero (0) small business contractors were found to be able to provide flowmeter transducers in the California area under NAICS code 334513. Of all the searches performed with various keywords, only one (1) small business contractor in Wyoming was found under NAICS code 334513 for ultrasonic transducers. However, a deeper dive into their profile let the contracting officer to believe they are not a supplier of goods, but an engineering firm in which designs their own transducers. A different manufacturers’ product would not be compatible with the existing flowmeter system due to the technological incompatibilities. A GSA eLibrary search for flowmeter transducers also came up with zero (0) results.

The contracting officer also had a phone conversation with ADS LLC representative on February 8, 2022, at 10:45AM PT. ADS representative stated that they do not sell their products through distributors (i.e. third party). All orders must come directly to them for their equipment. The transducers are made to order once an order is placed.

Based on an internet search done by the customer, there are limited options for measuring flow in large hydroelectric penstocks. Cameron Measurement Systems in Houston Texas also sells ultrasonic flowmetering products for hydroelectric applications. However, purchase of their transducers would require repurchase of the entire flowmeter system, including software components, which would be very expensive and not in the Government’s best interest.

When the initial flowmeter system was purchased, the process was a competitive one. In the future, if the entire flowmeter system is to be replaced, including software rather than just components, a competitive process will be used to obtain the best value for the Government.

Overall, Accusonic Technologies is a highly recognized company with high standards, high quality and good services in the market. They stand by their products and have maintained great customer satisfaction in the past years. Market research shows there are other manufacturers of flowmeter systems, but all would require the replacement of the entire system currently in place.

WBR 1413.106-1 Template 1 (11/2020)