Solicitation_Addendum.pdf

UNITED STATES SECTION

INTERNATIONAL BOUNDARY AND WATER COMMISSION

SOLICITATION ADDENDUM

BRAND NAME REQUIREMENT AND JUSTIFICATION

Requirement: Trojan UV3000 Plus System Rehabilitation Requisition: 191BWC26R0017 Contract Type: Firm Fixed Price

1. INCORPORATION INTO THE SOLICITATION

This addendum is incorporated into and made part of the solicitation Terms and Conditions for the Trojan UV3000 Plus System Rehabilitation requirement. Offerors shall read this addendum together with the SF 1449, Performance Work Statement, solicitation provisions, contract clauses, and other attachments.

This addendum establishes the mandatory brand name requirement and provides the public brand name justification required for the portion of the acquisition restricted to the Trojan brand. This justification covers only the brand name portion of the acquisition. Competition for the prime contract remains open to responsible offerors that can satisfy all solicitation requirements.

2. MANDATORY BRAND NAME REQUIREMENT

The Government requires genuine Trojan UV3000 Plus equipment, components, and Trojan certified technical services for rehabilitation of the existing Trojan UV3000 Plus ultraviolet disinfection system at the Nogales International Wastewater Treatment Plant in Rio Rico, Arizona.

The brand name restriction applies to the required equipment, components, controls, software support, startup, commissioning, and certified technical services. The Government will not accept substitute or equal equipment from another manufacturer for the items identified as Trojan brand name requirements.

This requirement does not require Trojan Technologies to serve as the prime contractor. Trojan Technologies, authorized distributors or resellers, qualified integrators, and other responsible firms may compete if they can demonstrate compliant access to genuine Trojan products and the Trojan certified services required by the solicitation.

Offerors shall provide sufficient information in their technical submission to demonstrate compliance with the brand name requirement. Failure to demonstrate access to the required genuine Trojan products and certified technical services may result in the offer being determined technically unacceptable.

3. FAR BASIS

FAR 11.105 permits an agency to specify a particular brand name, product, or feature peculiar to one manufacturer when the brand name or feature is essential to the Government requirement and market research indicates that other manufacturers’ products do not meet, or cannot be modified to meet, the agency’s needs.

This commercial acquisition is being conducted using FAR Part 12 and the simplified procedures authorized by FAR Subpart 13.5. In accordance with FAR 13.501(a), the brand name portion of the acquisition is supported by a written justification. FAR 13.501(a)(1)(iv) requires the brand name justification to be made publicly available with the solicitation in accordance with FAR 5.102(a)(6).

4. BRAND NAME JUSTIFICATION

4.1 Nature and Description of the Action

USIBWC will conduct a competitive commercial acquisition for rehabilitation of the installed Trojan UV3000 Plus system. The Government intends to award one firm fixed price contract. The solicitation requires genuine Trojan UV3000 Plus equipment and components and Trojan certified technical services.

The restriction applies only to the brand name portion of the requirement and does not restrict the identity of the prime contractor. Responsible firms may compete if they can document compliant access to the required Trojan products and certified services.

4.2 Description of Supplies and Services

The requirement includes rehabilitation of the installed Trojan UV3000 Plus ultraviolet disinfection system at the Nogales International Wastewater Treatment Plant. The work includes 126 eight lamp Integra modules, six sensor modules, controls, circuit boards, level assemblies, hoses, cleaning components, lubricants, delivery, installation, controls programming, startup, commissioning, functional testing, operator training, manuals, warranty and technical support, and lawful disposal of designated components.

The period of performance is 120 calendar days after Notice to Proceed, including delivery, installation, testing, training, cleanup, disposal, demobilization, and final deliverables.

4.3 Authority and Basis for the Restriction

The brand name restriction is supported by FAR 11.105 and FAR 13.501. FAR 13.501(a)(1)(ii) requires brand name justifications under FAR Subpart 13.5 to use the format at FAR 6.303-2, modified to reflect use of FAR Subpart 13.5.

The justification is based on the Government’s requirement to rehabilitate an existing installed Trojan UV3000 Plus system rather than acquire a replacement ultraviolet treatment platform.

4.4 Demonstration That the Brand Name Requirement Is Essential

The installed treatment process is configured around the Trojan UV3000 Plus system. Compatibility with the existing controls, software, electrical interfaces, components, certifications, operating configuration, and treatment process is a material Government requirement.

The rehabilitation requires genuine Trojan modules, controls and components, current software access and technical updates, Trojan certified startup and service, preservation of applicable warranties and performance guarantees, and restoration of the existing system to its required operating condition.

Market research did not establish that another manufacturer’s products could be substituted into the installed system and meet the rehabilitation requirement without material redesign, replacement of additional system elements, controls integration, validation, training, transition work, or additional performance and schedule risk.

4.5 Efforts to Promote Competition

USIBWC reviewed the requirement package, manufacturer information, Government sources, SAM.gov, SBA Dynamic Small Business Search, VET results, and other available market information.

USIBWC also posted Sources Sought Notice FY264321005 on SAM.gov. The notice requested evidence of access to genuine Trojan products, Trojan certified technicians, warranty and software support, relevant experience, schedule capability, and responsibility for the complete requirement.

The solicitation permits any responsible offeror to compete if it satisfies the brand name and certification requirements.

4.6 Fair and Reasonable Price

The Contracting Officer anticipates obtaining a fair and reasonable price through competition to the maximum extent practicable among responsible sources capable of meeting the brand name requirement.

Before award, the Contracting Officer will evaluate price reasonableness using applicable price analysis techniques under FAR Part 13 and the information available for the acquisition.

4.7 Market Research Results

Market research supports the requirement for genuine Trojan UV3000 Plus products and Trojan certified services because the acquisition involves rehabilitation of an installed Trojan system. The research does not establish that Trojan Technologies must serve as the prime contractor.

The acquisition strategy therefore preserves competition among qualified prime contractors while restricting the specified equipment and certified technical services to the Trojan brand necessary for compatibility, warranty, software, technical support, and restoration of the existing system.

4.8 Actions to Remove or Overcome Barriers to Competition

USIBWC will maintain system records, configuration information, controller backups, manuals, test results, and other technical documentation in the contract file. For future requirements, USIBWC will reassess whether the agency needs can be stated without a manufacturer specific restriction, particularly when replacement or major modernization of the ultraviolet disinfection platform becomes appropriate.

The agency will continue market research for authorized channel partners, service providers, and other sources capable of supporting future requirements.

4. APPROVAL

Based on the foregoing justification, use of the Trojan brand name restriction for the identified portion of this competitive commercial acquisition is approved in accordance with FAR 13.501. Competition remains open to responsible offerors that can satisfy the genuine Trojan equipment and Trojan certified service requirements.

5. ORDER OF PRECEDENCE

Nothing in this addendum changes the requirements of the SF 1449, Performance Work Statement, or other solicitation terms except to establish and document the mandatory brand name requirement described above. In the event of an inconsistency, solicitation and any subsequent amendment issued by the Contracting Officer govern.

END.