SRELC3 Justification and Approval_Kleinfelder_22 Oct 21_Redacted.pdf

Control No: SPK-FY21-24 Sacramento River East Levee Contract 3 Brand Name ‘or equal’ Equipment

CUI

Justification for Other than Full and Open Competition

US Army Corps of Engineers (USACE), Sacramento District (SPK) FAR 6.302-1 Only One Responsible Source and No Other Supplies or Services

Will Satisfy Agency Requirements

1. Contracting Activity: U.S. Army Corps of Engineers (USACE), Sacramento District, Contracting Division, Construction Branch.

2. Description of Action: USACE Sacramento District is requesting approval for a brand name ‘or equal’ equipment supporting construction of alterations (the “Requirements”) within the footprint of the Sacramento River East Levee (SREL), Contract 3 within the American River Common Features 2016 Project. The Requirements are identified in the SREL Contract 3 levee construction contract, and the brand name ‘or equal’ equipment that is the subject of this J&A support construction of those requirements. These requirements are included in a contract that will result in a design-bid-build, firm fixed price construction contract that will be funded by Construction General funds. The Government projects award in January 2022, and fiscal year 2018 civil works funds will be used.

3. Description of Supplies/Services: Brand name ‘or equal’ products provided for in the specification and requiring justification are described in the attached table (see attachment 1).

These products generally include the following categories:

• Computer programs (software) or computer equipment required for compatibility with the software previously acquired by the federal government and available to the Government for this contract.

• Items related to replacement of Sump 70, which is owned and operated by the City of Sacramento and for which allowance was made for the City of Sacramento preferences for materials specified.

• Cutoff wall products to be utilized during investigation of Cutoff Wall performance.

• Computer equipment used by the Government and for which products meeting specific standards are required.

These products are specified as brand name ‘or equal’ products.

Period of Performance for the entire SREL Contract 3 contract: Jan 2022 to 31 Dec 2022

4. Authority Cited:

10 U.S.C. 2304(c)(1), as implemented by FAR 6.302-1(c)(2) and 6.303 and Defense Federal Acquisition Regulation Supplement (DFARS) subpart 206.302-1(c)(2).

5. Reason for Authority Cited:

A. All brand name products listed in the Contract Documents allow for ‘or equal’ substitutions or are required for compatibility with systems previously acquired by the federal government (e.g. computer systems or similar). As required by DFARS 206.302- 1(c)(2) these products are submitted for justification with associated documentation providing information regarding market research and availability of the products.

Control No: SPK-FY21-24 Sacramento River East Levee Contract 3 Brand Name ‘or equal’ Equipment

CUI

6. Efforts to Obtain Competition: The Contracting Officer will publish a redacted version of this justification and approval, as required by FAR 5.201 with the Invitation for Bids (IFB).

a. Effective Competition: Effective competition will be achieved as all vendors listed on the Pre-

Qualified Sources List that this IFB will be issued against will have the same access to these brand name specific parts. Use of these brand name items will not limit competition; rather, any bidder will have an equal opportunity to compete through supplying these components as part of the overall contract.

b. Subcontracting Competition: This justification and approval is only for brand name ‘or equal’ specific parts; thus, Contractors are free to compete through multiple suppliers for any sub-contracted portion of the work.

7. Actions to Increase Competition: No additional actions will be taken to increase competition for this brand name specific equipment. Once these items are purchased and installed, it will become part of the completed SREL Contract 3 construction project, which is a single project.

The purchase of these brand name specific equipment items will fulfill the Government’s need and when these parts are needed again, market research will be conducted.

8. Market Research:

Per FAR 10.002(b)(2)(vii) we reviewed catalogs and other generally available product literature published by manufacturers, distributors, and dealers or available on-line and determined that brand name or equivalent products are available from multiple distributors and/or sources. The prime contractor is free to choose or compete these brand name requirements from appropriate vendors.

9. Interested Sources:

The Contracting Officer will publish a redacted version of this justification and approval, as required by FAR 5.201 with the Invitation for Bids (IFB). Any additional sources that indicate interest as a result of the sources sought will be evaluated.

10. Other Facts: This is a new requirement supporting the SREL Contract 3 construction project, and the required brand name items for these requirements have not been previously procured.