Sole Source Justification - Vessell Powering - Emissions and Wake Applications.pdf

MEMORANDUM FOR THE RECORD

1 September 2021

SUBJECT: Sole Source Justification under the simplified acquisition threshold for “Professional Services to Develop Modelling Relationships & Applications for Deep-Draft Vessel Powering & Powering Consumption, Associated Air Emissions, & Vessel-Generated Wakes”

1. Contracting Agency: United States Army Corps of Engineers (USACE), Humphreys

Engineer Center Support Activity (HECSA), 7701 Telegraph Road, Alexandria, Virginia

22315.

2. Description of Action: Approval is requested for a new, firm fixed type contract using Civil Works funding PR&CW26HM412398922 in the amount of $99,850.00

3. Description of Supplies/Services: Development of three (3) applications to model the relationships of Deep-Draft Vessel Powering & Powering Consumption, Associated

Air Emissions, & Vessel-Generated Wakes

The anticipated cost of the work under this contract action is $99,850.00 over a 12-month period of performance.

4. Authority Cited: (FAR) Part 13.106-1(b)(1) – Soliciting from a single source – For purchases not exceeding the simplified acquisition threshold (only one source)

5. Reason for Authority Cited: Development of the three applications identified above are critical to evaluations for waterborne navigation projects sponsored by USACE.

They use vessel motion model inputs and the lines library (an inventory of hull geometries developed primarily for use with CADET; Channel Analysis & Design Evaluation Tool;

deep-draft vessel hull vertical and horizontal motion modeling) as secondary or cross applicational modeling for deep-draft displacement hull powering and bunkerage consumption modelling with associated emissions modelling. In addition, powering and hull forms for the base lines library are also critical further development of the wake application employed for calibration of waterway traffic simulation models. The lines library geometries are also integrated into a generalized model for evaluation of vessel wake within confined (i.e., channelized) waters for shoreside wake impacts. Of the deliverable products listed above, all initial development was for the Institute for Water

Resources of the U.S. Army Corps of Engineers (USACE-IWR) by Herbert Engineering

Corporation (HEC) under prior contract acquisition of associated professional services.

When the initial efforts for the powering, fuel consumption, emissions and wake modelling were begun, Herbert Engineering Corporation (HEC) was selected via open competition as the Naval Architect best qualified for modeling of deep-draft vessel ballast, stability, powering, and hull form resistance relationships. The creation of all of these applications with integrated compatibility requires extensive knowledge in the realm or discipline of naval architecture and ocean engineering and a limited array of firms exist which have the skills and background to create comprehensive computerized applications which are needed as defined within the associated performance work statement (PWS).

Within the limited array of such firms, each company employs or develops proprietary methods and applications. At the time of initiating developmental work for the listed products as developed to-date, HEC was selected as the best technically qualified and most cost-effective firm capable of fulfilling or exceeding specifications for related work requirements including adaptability of products across multiple analytical purposes and applications and the firm was the only company to allow compiled or finished self-contained or stand-alone functional generalized computerized application products of their work to become property of the Government. The pending or associated PWS represents a continuation (and critical consistency in technical methods and approach thereof) of these efforts and follow-on work employing consistency of HEC’s methods and experience to-date in addition to the firm’s proprietary software or computerized applications (including programs such as HECSALV, CargoMax, etc.) which are widely accepted in the industry and other agencies within Government. Respective to the associated pending PWS as set forth for further development of powering, emissions and wake applications which employ the lines library, it is critical that they be developed in a manner consistent with existing profiles and models developed by the company via previously assigned contractual services. Further, to maintain compatibility with or between the products as listed or proposed and as developed to-date, continued use and adaptations will be required via some of HEC’s proprietary software and applications which only HEC personnel are qualified to undertake and which are patented, copyrighted, or competitively proprietary.

In addition to the applications developed by the firm to-date and related to the pending

PWS, HEC has been the only private-sector entity involved in support of lines library specifications development compatible for application of CADET upon which all of the applications are based. Accordingly, the employment of HEC for continued work to complete developmental work for the lines library and associated applications such as the powering, emissions, and vessel wake models is considered to be in the interests of the

Government for subject technical work in terms of technical quality, consistency, and cost effectiveness for accomplishing such work.

5. Market Research/Actions to Increase Competition: It is not possible to compete this action as HEC is the only source involved in support of lines library specifications development compatible for the application of CADET upon which all of the required Deep-Draft Vessel Powering & Powering Consumption, Associated Air

Emissions, & Vessel-Generated Wakes applications are based.

6. Procurement history: Contract W912HQ20P0113 was awarded 23 September 2020 to Herbert Engineering Corporation (HEC) in the amount of $75,574.00 to provide professional services to develop additional hull profiles for the deep-draft & tug vessel lines library with adaptation to CADET & applications for modelling of powering & bunkerage consumption, air emissions, vessel-generated wake, ballast & stability, & hull lines flexibility.

Contract W912HQ19P0128 was awarded 23 September 2020 to Herbert Engineering

Corporation (HEC) in the amount of $195,230.00 to provide professional services to develop additional hull profiles for the deep-draft & tug vessel lines library with adaptation to CADET & applications for modelling of powering & bunkerage consumption, air emissions, vessel-generated wake, ballast & stability, & hull lines flexibility.

7. Fair and Reasonable Cost Determination: I hereby determine that the anticipated cost to the Government for this contract action will be fair and reasonable based on the procedures found at FAR 13.106-3 (a) (2). The exemption for providing

Certified Cost & Price data found at FAR 15.403-1 (b) (3), (Commercial Items), applies to this requirement as well as being under the threshold for certified cost and pricing.

8. Conclusion: Based on the above and in accordance with Federal Acquisition

Regulations (FAR) Part 13.106-1(b)(1), it is in the Government’s best interest to award a sole source order to Herbert Engineering Corporation (HEC) for the subject requirement.

9. Point of Contact: The POC for this MFR is David A. Kaplan at email:

David.A.Kaplan@usace.army.mil

10. Contracting Officer’s Approval: Based on the foregoing, I approve the above described above on an other than full and open competition provided funds are available and provided that the services and property herein described have otherwise been authorized for acquisition.

Shannon N. Benson Contracting Officer mailto:David.A.Kaplan@usace.army.mil