Brand_Name_Justification.pdf

DETERMINATION FOR OTHER THAN FULL AND OPEN COMPETITION

(SIMPLIFIED ACQUISITION PROCEDURES – BRAND NAME)

1. Contracting Activity:

U.S. Army Corps of Engineers, Huntington District, CELRH-CTD, 502 8th Street, Huntington, WV, 25701

2. Description of Action:

The action hereby submitted for approval is for a partial brand name procurement of supplies in support of the Bluestone Dam Safety Assurance Project, Phase 5. The project will be awarded as a multi-faceted construction contract aimed at improving the stability of the dam over the course of nine years. Due to the large scale and long duration of this contract, many supplies will need to be procured by the construction contractor in order to properly execute the requirements of the contract. Four (4) of these items are required to be brand-specific to meet agency requirements. The overall construction contract will be awarded using Supplemental Appropriations in the Bipartisan Budget Act of 2018.

3. Description of Supplies/Services:

The brand-name items to be supplied by the construction contractor are as follows:

• DSI 0.6-inch hydraulic jack (ID 2000-053)

• Red-I PT Cable Coating corrosion inhibiting grease

• Whelan Gum viscosifier as manufactured by Fritz Industries

• MasterMix VMA 362 viscosity modifier as manufactured by BASF-

Masterbuilders

The total estimated cost of these brand-name supplies is approximately .

4. Authority Cited:

FAR 6.302-1(c) and DFARS 206.302-1, as the existing conditions at the project preclude consideration of products manufactured by another company. The agency’s need is for brand-name supplies under this construction contract.

5. Reason for Authority Cited:

Phase 5 is the final stage of a large effort to stabilize Bluestone Dam over the past few decades. Project constraints should remain as consistent as possible over the course of consecutive phases completed by different contractors in support of a common goal.

As previously mentioned, certain aspects of the work required under Phase 5 will mirror work completed under previous phases. Regarding the DSI 0.6-inch hydraulic jack (ID 2000-053), this jack has been used for previous liftoff testing at the project and is needed to ensure consistency in subsequent test data to be obtained under this contract. In addition, two sentinel bar anchors are being installed during Phase 5. The same bar anchors were installed under Phase 3. The Red-I PT cable coating corrosion inhibiting grease, Whelan Gum viscosifier, and MasterMix VMA 362 viscosity modifier were all key components of the previous anchor installation. To ensure consistency and uniformity, supporting items for the installation of these anchors need to be identical to what has been previously used. Therefore, the use of the aforementioned brands is essential to the Government’s requirements, thereby precluding consideration of a product manufactured by another company.

6. Efforts to Obtain Competition:

In accordance with FAR 5.101 and 5.102, competition will be obtained by posting the construction solicitation to Federal Business Opportunities (FBO) to allow all interested and eligible vendors to submit a bid for the construction contract. Vendors will be provided no less than forty-five (45) calendar days to submit bids. Based on market research, it has been determined it is in the best interest of the Government to advertise the solicitation as an unrestricted procurement.

7. Actions to Increase Competition:

As stated in Number 6 above, this procurement will be solicited via FBO to allow for maximum practicable competition. No actions have been taken to further increase competition.

8. Market Research:

Market research was conducted by issuing a Sources Sought notice in October 2018.

In addition, three different industry days have taken place on site since November 2017. Based on the responses received to the Sources Sought notice and the level of participation in the industry days, there is not a reasonable expectation that two or more small business concerns will submit competitive bids.

9. Interested Sources:

Multiple interested vendors have responded to the Sources Sought notice and have attended the industry days. To date, no other sources have been explored.

10. Other Facts:

N/A

11. Statement of Actions:

Competition is being restricted to certain brand name supplies due to agency requirements. It has been determined it is in the best interest of the Government to advertise the procurement as unrestricted. No other actions have been taken to increase competition.

12. Technical Certification:

“I certify that the supporting data under my cognizance, which are included in this justification, are accurate and complete to the best of my knowledge and belief.”

NAME: Kimberly Davidson

TITLE: Geologist

SIGNATURE:

13. Requirements Certification:

“I certify that the supporting data under my cognizance, which are included in this justification, are accurate and complete to the best of my knowledge and belief.”

NAME: Aaron Smith

TITLE: Project Manager

14. Fair and Reasonable Cost Determination:

“I hereby determine that the anticipated cost or price to the Government for this contract action will be fair and reasonable.

NAME: Matthew C. Wilson

TITLE: Contracting Officer

15. Contracting Officer Certification

“I certify that this determination is accurate and complete to the best of my knowledge and belief.”

NAME: Matthew C. Wilson

TITLE: Contracting Officer