Justification Review Document - Other than Full and Open Competition_Redacted.pdf

Solicitation: W9123823B0002 Page 1 of 4 SREL Contract 4 Brand Name ‘or equal’ Equipment

CUI

JUSTIFICATION REVIEW DOCUMENT

OTHER THAN FULL AND OPEN COMPETITION

Program/Equipment: This justification and approval is to procure Brand Name specific equipment for the Sacramento River East Levee Contract 4 which includes use of Brand Name equipment to maintain overall system connectivity and integration.

Authority: Defense Federal Acquisition Regulation Supplement (DFARS) subpart 206.302- 1(c)(2).

Amount: $123,200 (est.)

Prepared by:

Contracting Officer:

Technical:

Requirements:

Reviews: I have reviewed this justification and find it adequate to support other than full and open competition.

Signature

Signature

Solicitation: W9123823B0002 Page 2 of 4

Justification for Brand Name or Equivalent Specifications US Army Corps of Engineers (USACE), Sacramento District (SPK)

DFARS 206.302-1 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 4 within the American River Common Features 2016 Project. The Requirements are identified in the SREL Contract 4 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 2023, 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 41, 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 4 contract: Jan 2023 to 31 Dec 2023. The approximate total value of the brand name or equal equipment: $123,200 (est.).

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: 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.

Solicitation: W9123823B0002 Page 4 of 4

13. 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 in line with the Independent Government Estimate for SREL Contract 4. The requirement for certified cost and pricing data will be as required by the SREL Contract 4 contract terms and conditions

This determination will be made using the following: cost analysis price analysis should cost IGCE audit other:

As a part of this basis, certified cost or pricing data:

will be required.

will not be required and the following exception applies (FAR 15.403):

Prices that will be agreed upon are based on adequate price competition.

Prices that will be agreed upon are based on prices set by law or regulation.

A commercial item is being acquired.

A waiver has been granted by the head of the contracting activity (HCA) in accordance with DFARS PGI 215.403-1.

The contract action is a modification to a contract or subcontract for commercial item(s).

The estimated cost of the contract action is less than the threshold for certified cost or pricing data.

14. Contracting Officer Certification: I certify that this justification is accurate and complete to the best of my knowledge and belief.

Attachments:

Table 1 – Product J&A List