BrandNameDeterminationEssayonsTailshaft_Redacted.pdf
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- Attached to
- Essayons Tailshaft Repair
- Solicitation number
- W9127N19Q0099
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Brand Name Justification for Use of OEM Techicians
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Text version
v4, 5 Jan 2015; previous version obsolete
SOLE SOURCE JUSTIFICATION
(Simplified Acquisition Procedures under FAR Part 13 Not Exceeding $700K)
1. Agency/Contracting Activity: U.S. Army Corp of Engineer, Portland District, 333 SW 1st Ave #200, Portland, OR 97204
2. Description of Action:
Nature: New Requirement Follow-on Requirement Mod to Existing Purchase Order/Contract Number
Pricing: Firm-Fixed Price Time & Materials Funds: OMA Other Funds:
Proposed Contractor:
Name: Propulsion Systems, Inc.
Address: 8009 7th Ave South, Suite 1 Address: Seattle, WA 98108 Phone: 206-789-0944
3. Description of Services or Supplies:
The total estimated value of the proposed action is
Background: Dredge Essayons uses a proprietary Controllable Pitch Propeller (CPP) system designed and manufactured by Propulsion Systems, Inc. (PSI) of Seattle WA. This contract will be advertised as a full and open solicitation for the repair and machining of the shaft. There are a number of machine shops that can perform this work. This Brand Name Justification is only for the specification requirement to provide the service of an OEM Technical Representative to support bearing liner installation and final inspection and acceptance.
Supplies: This contract is to overhaul one of the propulsion shafts to replace the worn bearing liners.
4. Authority:
Action using simplified acquisition procedures (select one):
FAR 13.106-1(b)(1): For purchases not exceeding the simplified acquisition threshold (SAT), contracting officers may solicit from one source if the contracting officer determines that the circumstances of the contract action deem only one source reasonably available (e.g. urgency, exclusive licensing agreements, brand name, or industrial mobilization)
FAR 13.501(a)(1): For actions for commercial supplies or services greater than the SAT but not exceeding $7M, the requirements of FAR 13.501(a) apply to sole-source acquisitions conducted pursuant to Subpart 13.5 (Reference: FAR 13.106-1(b)(2)). Subpart 13.5 is the Test Program for Certain Commercial Items (see 41 USC 1901; or for contingencies see 41 USC 1903)
5. Reasons for Authority Cited:
Justification: PSI is the OEM manufacturer and is required to be used to verify the repairs are performed correctly.
Impact: OEM oversight is required for the safety of personnel and high value equipment.
Alternatives: There are no practical alternatives. If a decision is ever made to replace the dredge or propulsion system, full and open competition can be utilized to select best manufacturer for replacement.
6. Actions to Increase Competition:
If the dredge propulsion system is upgraded in the future efforts will be made to utilize more commercially available equipment.
7. Market Research:
This determination is not for a complete replacement of the dredge controllable pitch propeller system, it is to purchase parts to service the existing. The risk to the Government of using non-authorized parts to attempt repairs is far greater than any possible cost savings. Only OEM factory replacement parts can be considered. Research in UNICOR, Ability1, SBDS, GSA Advantage, and internet searches did not reveal any authorized service, repair, or distribution vendors.
8. Procurement History:
Previous Purchase Order(s) or Contract(s): Yes No
If "Yes", for each purchase order or contract provide:
Purchase order or contract number: W9127N18P0138 Was action competed? Yes No
If action was not competed, state the cited authority, summarize rationale:
9. Additional Facts and/or Information to support the justification.
N/A
10. Technical / Requirements Certification: I certify that the supporting data under my cognizance which is included in this abbreviated J&A is accurate and complete to the best of my knowledge and belief.
Submitted By: T. Chris Gibbons Position Title: Project Manager/Port Engineer Email address:
t.chris.gibbons@usace.army.mil
Signature:____________________________ DATE:
11. Fair and Reasonable Price Determination: As contracting officer, I hereby determine that the anticipated cost to the Government for this contract action will be fair and reasonable. Basis for the determination is as follows:
There is little competition given the proprietary nature. However costs are verified and it is expected standard shop rates apply and the price is expected to be fair and reasonable. In accordance with FAR 13.106-3(a)(2)(ii) and FAR 13.106-3(a)(2)(vi), the Government will compare the proposal to the Independent Government Estimate to ensure price reasonableness.
12. Contracting Officer’s Approval (actions less than $700K): I hereby certify that this justification is accurate and complete to the best of my knowledge and belief. Based on the foregoing, I approve this sole source justification subject to availability of funds, and provided that the services and supplies herein described have otherwise been authorized for acquisition.
SIGNATURE: __________________________ DATE:
NAME: David Dvorak TITLE: Procuring Contracting Officer
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