A.03.10_Brand_Name_JA_GE_W9127N17R0071.pdf

Control No. NWP-17-179

JUSTIFICATION AND APPROVAL

FOR OTHER THAN FULL AND OPEN COMPETITION

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

2. DESCRIPTION OF ACTION: This justification for Other than Full and Open Competition is for approval to use a brand-name specification for General Electric brand-name parts and General Electric technicians’ maintenance expertise identified in paragraph 5.22.5—Winch Drive Replacement—of the Dredge Essayons Overhaul, Maintenance and Repair job order technical provisions. This justification is covering only the portion of the acquisition that is for General Electric brand-name products and certified services. The solicitation number is W9127N17R0071.

3. DESCRIPTION OF SUPPLIES/SERVICES: Services include authorized original equipment manufacturer (OEM) field and shop engineering. Materials include original equipment manufacturer service parts. The total estimated cost for the materials and services covered in this justification and approval is $634,683. The approval authority for this justification of brand name specification is the PCO.

4. AUTHORITY CITED: 10 U.S.C. 2304(c)(1), as implemented by FAR 6.302-1(c), Only One Responsible Source and No other Supplies or Services Will Satisfy Agency Requirements. This justification applies only to the brand name product.

5. REASON FOR AUTHORITY CITED:

a. Background: The dredge Essayons was launched in 1982 with a General Electric Motor Generator system powering the DC Dredge Winch Motors. In 1994 the General Electric PLC equipment for this system was upgraded using all General Electric controllers and cabinets.

b. Justification: General Electric dealers are the only facilities authorized to provide factory parts and make OEM modifications to maintain the manufacturer’s cabinets and equipment. The control cabinets and equipment will reuse the existing back planes as an effort to control cost and maintain safety and reliability. In addition, the Government must use OEM replacement parts and certified technicians to ensure the dredge equipment continue to function properly and safely. As such, the use of a brand-name description specifying General Electric 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.

c. Impact: This equipment is mission critical and involves the safety of human life and high value property.

Theses winch drives control the drag arm depth and deployment and are therefore key to the safety of the vessel and the performance of the mission. The potential impact to the government if the dredge winch gear is not functioning properly 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.

d. Alternatives: There are no practical alternatives to retro fit equipment other than General Electric while maintaining the manufacturer’s proper fitment, warranty, and ensuring their continued functionality other than by brand-name products and certified technicians. If a decision is ever made to replace the entire dredge system full competition can be utilized to select best manufacturer for replacement of all winch drive equipment.

6. EFFORTS TO OBTAIN COMPETITION: There will be competition between authorized dealers that sell the required parts and maintenance services. Based on market research, there is more than one dealer for these parts and services. The requirement will be advertised on Federal Business Opportunities (FBO.gov) with the brand name only requirement in the solicitation.

7. ACTIONS TO INCREASE COMPETITION: No other compatible products are known to USACE.

General Electric dealers are the only OEM-authorized service centers for this equipment. The General Electric parts and services will be advertised on FBO.gov as part of the overall requirement.

8. MARKET RESEARCH: Market research shows several General Electric suppliers in the U.S. capable of performing this work. These suppliers include but are not limited to the following companies: GE Energy Connections, Vancouver, WA and Ockerman Automation, Anacortes, WA. It is expected that the awardee of the job order will subcontract with one of these suppliers to perform the work and provide the OEM replacement parts.

9. INTERESTED SOURCES: In accordance with FAR 5.102(a)(6), this justification and approval will be included with the solicitation when it is made available on the Government Point of Entry, FBO.gov. Any sources that indicate interest as a result of the publication will be evaluated.

10. OTHER FACTORS:

a. Procurement History: This work has typically been included in previous Essayons contracts with similar work scope. The shipyard typically subcontracts the General Electric repair work to an OEM-authorized dealer.

b. Acquisition Data Availability: Not applicable.

c. Unusual and Compelling Urgency: Not applicable.

d. Subcontracting Competition: Subcontracting opportunities exist for suppliers, distributors, and installers. The specification only precludes consideration of a product manufactured by another company.

Subcontracting competition will be the responsibility of the offerors or prime contractor awarded the contract.

11. TECHNICAL CERTIFICATION: I certify that the supporting data under my cognizance which are included in the J&A are accurate and complete to the best of my knowledge and belief.

NAME: Chris Gibbons

TITLE: Project Manager/Port Engineer DATE/SIGNATURE:_____________________________

12. REQUIREMENTS CERTIFICATION: I certify that the supporting data under my cognizance which are included in the J&A are accurate and complete to the best of my knowledge and belief.

NAME: Jon Sandstrom

TITLE: Port Engineer DATE/SIGNATURE:_____________________________

GIBBONS.TIMOTHY.CHRI

STOPHER.1515576122

Digitally signed by

GIBBONS.TIMOTHY.CHRISTOPHER.1515576122

DN: c=US, o=U.S. Government, ou=DoD, ou=PKI, ou=USA, cn=GIBBONS.TIMOTHY.CHRISTOPHER.1515576122 Date: 2017.07.28 07:31:31 -07'00'

SANDSTROM.JO

N.1395257966

Digitally signed by

SANDSTROM.JON.1395257966

DN: c=US, o=U.S. Government, ou=DoD, ou=PKI, ou=USA, cn=SANDSTROM.JON.1395257966 Date: 2017.07.31 10:21:07 -07'00'

13. FAIR AND REASONABLE COST DETERMINATION: I hereby determine that the anticipated cost to the Government for this contract action will be fair and reasonable based on competition of the overall solicitation.

NAME: David Boone

TITLE: Contracting Officer DATE/SIGNATURE:_____________________________

14. CONTRACTING OFFICER CERTIFICATION/APPROVAL: I certify that this J&A is accurate and complete to the best of my knowledge and belief.

NAME: David Boone

TITLE: Contracting Officer DATE/SIGNATURE:_____________________________

BOONE.DAVID

.C.1272229755

Digitally signed by

BOONE.DAVID.C.1272229755

DN: c=US, o=U.S. Government, ou=DoD, ou=PKI, ou=USA, cn=BOONE.DAVID.C.1272229755 Date: 2017.07.31 10:23:36 -07'00'

BOONE.DAVID

.C.1272229755

Digitally signed by

BOONE.DAVID.C.1272229755

DN: c=US, o=U.S. Government, ou=DoD, ou=PKI, ou=USA, cn=BOONE.DAVID.C.1272229755 Date: 2017.07.31 10:24:01 -07'00'