A.3.09_JA_Brand_Name_SEL_RELAY_18-27_Redacted.pdf

Control No. POA 18-47

JUSTIFICATION AND APPROVAL

FOR OTHER THAN FULL AND OPEN COMPETITION

1. CONTRACTING AGENCY: U.S. Army Corps of Engineers (USACE), Alaska District (POA), Contracting Division, Post Office Box 6898, Joint Base Elmendorf-Richardson (JBER), Alaska 99506-0898.

2. DESCRIPTION OF ACTION: This is a limited source justification for Other than Full and Open Competition to include sole source (brand name) specification for the Long- Range Discrimination Radar (LRDR) Power Plant Construction (CLR039c, CP#3) at Clear Air Force Station (AFS), Alaska. This construction project will be solicited through a negotiated, competitive Request for Proposal, W911KB19R0002, resulting in a firm-fixed price contract. The construction contract is anticipated to be awarded in Fiscal Year (FY) 19 with MILCON funds.

3. DESCRIPTION OF SUPPLIES/SERVICES: The brand name specification for this CLR039c construction solicitation and resultant contract will be for Schweitzer Engineering Laboratories (SEL) 387L Relays. The use of SEL Relays is required for full integration and compatibility with the existing Golder Valley Electric Association (GVEA) relay. The use of this brand name relay product will ensure the protection relaying system integrity is maintained across all facilities. The protection relaying system is critical to the Missile Defense Agency (MDA) Clear AFS installation and mission.

The approval authority for this justification is the Procuring Contracting Officer.

4. AUTHORITY CITED: 10 U.S.C. 2304(c)(1), as implemented by FAR 6.302-1(c), Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements. This justification applies only to the brand name product for the CLR039c construction solicitation, W911KB19R0002.

5. REASON FOR AUTHORITY CITED:

Background: The GVEA provides primary electrical power to the Clear AFS installation facilities and will be providing power direct for the MDA CLR039c power plant facility.

Ensuring reliability and redundancy exists with the electrical power to the CLR039c facility is mission critical. Providing a protection relaying system is an integral part of ensuring a reliable electrical power design. Protection relaying requires a common protocol and configuration software between relays. The GVEA Substation has a line differential SEL-387L Relay and all Relays downstream are required to have the common protocol and configuration software.

Justification: The LRDR Power Plant is critical to the security of the nation. Reliable power will be critical to the mission operation of MDA and its facilities. The plan to ensure reliable power includes use of the brand name protection relay system product, SEL-387L Relay. The GVEA Substation has a line differential SEL-387L Relay and all Relays downstream are required to have the common protocol and software configuration. Only SEL relays have the required common protocol and software configuration to match with the GVEA relay system. No other vendor can provide these performance requirements, where any issue would be a failure to the mission.

c. Impact: Failure to incorporate the requirement for brand name specification of SEL- 387L relays, thereby incorporating a common protocal and software configuration between relays, will eliminate the reliability of the electrical power to the CLR039c Power Plant and MDA’s ability to meet their mission.

d. Alternatives: None known. Specification of the brand name SEL-387L relays for the W911KB19R0002 solicitation and resultant contract is essential to the Government’s requirements, precluding consideration of a product manufactured by another company.

6. EFFORTS TO OBTAIN COMPETITION: In an attempt to solicit offers of other compatible products from as many potential sources as possible, market research was conducted as described in paragraph 7 and 8 below. Effective competition is not anticipated for this system. The market research did not indicate any other known sources that have the capability to produce compatble, effective protection relay systems with the SEL relays in the GVEA system. The construction project requirement will be advertised on Federal Business Opportunities (www.fbo.gov) with the brand name only requirement in the solicitation. Any and all authorized SEL distributors will have an opportunity to compete by indicating interest on the FBO announcement and contacting construction firms that are also interested.

7. ACTIONS TO INCREASE COMPETITION: To ascertain whether there are existing manufacturers or new manufacturers entering the market that have developed products or programming compatible, interchangeable and competitive with the brand name item identified in this document, and currently in use, a sources sought notice was published at the FBO website (www.fbo.gov) on 04 September 2018 using Supply Classification Code 59 – Electrical, and Electronic Equipment Components under NAICS 335314.

Responses were due 14 September 2018. This notice contained the Government’s intent to sole source for brand name specification in this justification for CLR039c LRDR Power Plant construction project, Clear AFS, Alaska. The notice received no responses regarding existing or current developed compatible systems, but received two (2) distributors who could supply the system. No similar/compatible products were found.

To increase competition, the W911KB19R0002 solicitation will be posted to the FBO website, in accordance with the Federal Acquisition Regulations (FAR), Defense FAR Supplement (DFARS) and Army FAR Supplement (AFARS) notification requirements.

The brand name requirement will be open for the prime contractor to supply through a subcontract. Any sources indicating interest as a result of the publication will be evaluated.

8. MARKET SURVEY: Market research was conducted via an internet search for alternative compatible products to the specified brand name item. Market research also included a Notice of Intent (NOI) to sole source as indicated in paragraph 7 to determine if there are other manufacturers who can fully meet the Government’s requirements.

Neither the internet search or the NOI produced any compatible vendors or products.

This product meets the definition of a commercial item as defined in FAR 2.101. This product is customarily used by, and has been sold, leased, or licensed to the general public for commercial and government buildings. Results indicated there are likely vendors who could provide competitive quotes for the prime contractor awarded the solcitation W911KB19R0002 construction project for SEL-387L relays.

9. INTERESTED SOURCE: In accordance with FAR 5.102(a)(6), this Justification & Approval (J&A) will be included with the solicitation posting on the FBO website. This is the Government Point of Entry website where this solicitation will be made available to http://www.fbo.gov/ http://www.fbo.gov/ industry and any sources indicating interest as a result of the publication will be evaluated.

10. OTHER FACTORS:

a. Procurement History: Not Applicable.

b. Acquisition Data Availability: Not applicable.

c. Unusual and Compelling Urgency: Not applicable.

d. Subcontracting Competition: Subcontracting opportunities exist for suppliers, distributors, and/or installers. This is a restrictive specification that only precludes consideration of a product manufactured by another company. Subcontracting competition will be the responsibility of the offerors or prime contractor awarded the contract.

JUSTIFICATION AND APPROVAL