A.03.09_Brand_Name_-__Sole_Source_Caterpillar_Service.pdf

Control No. NWP-16-45

Justification and Approval for Other than Full and Open Competition

1. Contracting Activity

U.S. Army Corps of Engineers (USACE) – Portland District (NWP), Supplies and Services Branch (CECT- NWP-S), located at 333 SW 1st Avenue – Portland, OR 97204.

2. Description of Action

Approval to use a brand-name description to specify Caterpillar brand-name parts and Caterpillar-certified technicians’ maintenance expertise identified in the following four (4) engine performance work statement (PWS) paragraphs in the Dredge Essayons Shipyard Maintenance and Repair job order: 5.48.1, 5.48.2, 5.48.3, 5.48.5, and 5.48.6. This justification is covering only the portion of the acquisition that is for Caterpillar brand-name products and certified services. The solicitation number is W9127N-16-R-0081.

3. Description of Supplies/Services

Services include authorized original equipment manufacturer (OEM) field and shop engineering. Materials include original equipment manufacturer service parts.

4. Authority Cited

FAR 6.302-1 – Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements.

5. Reason for Authority Cited

Background: The dredge Essayons was launched in 1982 and re-powered in 2008 with eight (8) new engines. The manufacturer chosen for the eight engine refit was Caterpillar.

Justification: Caterpillar dealers are the only repair facilities authorized to provide factory parts and make OEM repairs to maintain the manufacturer’s warranty on the engines. In addition, the Government must use OEM replacement parts and certified technicians to ensure the engines continue to function properly and meet stringent emission requirements. As such, the use of a brand-name description specifying Caterpillar brand-name products and certified technicians is essential to the Government’s requirements, thereby precluding consideration of a product manufactured by another company or services rendered by a non-certified technician.

Impact: The required service interval for the propulsion/ship service generators and the Essayons drydock schedule are closely aligned. This equipment is mission critical and involves the safety of human life and high value property. The potential impact to the government if the Caterpillar C-280 and 3512C is not operating is approximately $195,000.00 per day. It is imperative this equipment be serviced during this repair availability by OEM-certified technicians and using OEM replacement parts to ensure continued functionality and maintain the manufacturer’s warranty.

Alternatives: There are no practical alternatives to service the engine while maintaining the manufacturer’s warranty and ensuring their continued functionality other than by using Caterpillar brand-name products and certified technicians. If a decision is ever made to replace the engines, full competition can be utilized to select best manufacturer for replacement of all eight (8) engines.

6. Efforts to Obtain Competition

Not applicable. There are no other reasonable sources available that can provide these services and products for this specialized equipment.

Control No. NWP-16-45

7. Actions to Increase Competition

There have been no additional actions to increase competition for these services. The Caterpillar dealers are the only OEM-authorized service centers for these particular equipment items.

8. Market Research

There are several Caterpillar dealers in the U.S. capable of performing this work. This J&A is not for a complete replacement of engines; it is to service the existing engines. It is expected that the awardee of the job order will subcontract with one of these dealers to perform the work and provide the OEM replacement parts.

9. Interested Sources

Peterson Cat 4421 NE Columbia Blvd Portland OR, 97210 503-288-6411

NC Machinery Co 1178 NW Maryland Ave Chehalis WA, 98532 360-748-8845

Hawthorn Cat 16945 Camino San Bernardo San Diego CA, 92127 858-376-6800

Western States Equipment 500 E Overland Rd Meridan ID, 83642 208-888-2287

10. Other Facts

Procurement History:

This work has typically been included in previous Essayons contracts with similar work scope. The shipyard typically subcontracts the Caterpillar repair work to an OEM-authorized dealer.

11. Technical Certification

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

Typed Name: Chris Gibbons Date: 19 July 2016

Title: Project Manager/Port Engineer Signature:

12. Contracting Officer Certification

Based on the foregoing justification, I hereby approve the use of a brand-name description to specify Caterpillar brand-name parts and certified technicians in PWS paragraphs 5.48.1, 5.48.2, 5.48.3, 5.48.5, and

5.48.6 in solicitation number W9127N-16-R-0081, on an other than full and open competition basis pursuant to the authority of FAR 6.302-1, subject to the availability of funds, and provided that the services and property herein described have otherwise been authorized for acquisition. Based on the competition for the job order, it is anticipated that the anticipated cost to the Government for these brand-name products and certified-technicians will be fair and reasonable. I certify that this justification is accurate and complete to the best of my knowledge and belief.

Typed Name: Kimberly A. Kovar Date: 19 July 2016

Title: Contracting Officer Signature: