A.03.09_Brand_Name_-_Sole_Source_ZF_Bow_Thruster.pdf

Control No. NWP-16-47

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 ZF Marine technicians’ maintenance expertise for the bow thruster repairs identified in performance work statement (PWS) paragraphs 5.17.4 and 5.17.5 in the Dredge Essayons Shipyard Maintenance and Repair job order. This justification is covering only the portion of the acquisition that is for ZF Marine-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. The currently installed bow thruster was installed as part of the re-power effort. The manufacturer was HRP. HRP has been acquired by ZF, a German company with a US subsidiary. ZF currently has all rights and expertise to service HRP equipment.

Justification: ZF Marine is the only authorized repair facility for the existing bow thruster. They will self-perform the overhaul/rebuild efforts and will verify proper removal and re-installation by the shipyard to ensure the bow thruster continues to function properly. As such, the use of a brand-name description specifying ZF Marine technicians is essential to the Government’s requirements, thereby precluding consideration of services rendered by a non-certified technician.

Impact: The required service interval for the bow thruster and the Essayons drydock schedule are closely aligned. This equipment is mission critical and involves the safety of human life and high value property. It is imperative this equipment be serviced during this repair availability by OEM-certified technicians 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 OEM-certified technicians. If a decision is ever made to replace this unit, full competition can be utilized to select the new unit.

6. Efforts to Obtain Competition

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

Control No. NWP-16-47

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 that are OEM-certified to service this equipment. This J&A is not for a complete new unit but to service the existing unit.

9. Interested Sources ZF Marine Propulsion Kevin Zwicker ZF Marine Propulsion 12125 Harbor Reach Drive Mukilteo, WA 98275 206-730- 2787

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 bow thruster to the OEM.

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 ZF Marine technicians in PWS paragraphs 5.17.4 and 5.17.5 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 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: