A.03.09_Brand_Name_-_Sole_Source_DTC_Dredge_Sensors.pdf

Control No. NWP-16-46

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 Idustrieele Handals Combinatie (IHC) brand-name parts and IHC-certified technicians’ maintenance expertise identified in performance work statement (PWS) paragraph 5.51.0in the Dredge Essayons Shipyard Maintenance and Repair job order. This justification is covering only the portion of the acquisition that is for IHC 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 with proprietary IHC dredging equipment and controls. The currently installed controls and sensors are proprietary IHC units. Dredge Technology Corporation (DTC) is the sole distributer of IHC equipment in the US. DTC currently has all rights and expertise to provide parts and service for IHC equipment.

Justification: Dredge Technology Corporation is the only authorized repair facility and provider of OEM replacement parts for the existing IHC equipment. The Government must use OEM replacement parts and DTC technicians to ensure the dredging equipment and controls continue to function properly. As such, the use of a brand-name description specifying IHC brand-name products and DTC 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: This equipment is mission critical and involves high value property. The Essayons cannot perform any dredging without this equipment functioning correctly. It is imperative this equipment be serviced during this repair availability by DTC technicians and using OEM replacement parts to ensure continued functionality.

Alternatives: There are no practical alternatives to service this highly-specialized equipment to ensure its continued functionality other than by using IHC brand-name products and certified technicians.

6. Efforts to Obtain Competition

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

Control No. NWP-16-46

7. Actions to Increase Competition

There have been no additional actions to increase competition for these services. This company is the only OEM-authorized service center for these particular equipment items.

8. Market Research

There are no other firms offering parts or service for this proprietary equipment. This J&A is to service existing proprietary equipment..

9. Interested Sources Dredge Technology Corporation PO Box 1520 Wayne NJ 07474-1520 973-696-1559 Info@dtcdredges.com

10. Other Facts

Procurement History:

This work has typically been included in previous Essayons contracts with similar work scope. The shipyard typically subcontracts the shop work on the IHC equipment to the OEM-certified distributor.

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 IHC brand-name parts and certified technicians in PWS paragraph 5.51.0 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 Kovar Date: 19 July 2016

Title: Contracting Officer Signature: