A.02_W9127N19R0058_BrandName_5.48_REDACTED.pdf

v4, 5 Jan 2015; previous version obsolete

BRAND NAME 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:

3. Description of Services or Supplies:

The total estimated value of the proposed action is

This justification for Other than Full and Open Competition is for approval to use a brand-name specification for Caterpillar OEM (Original Equipment Manufacturer) service parts and Caterpillar technicians’ field and shop engineering expertise identified in Performance Work Statement paragraphs 5.48.1, 5.48.2, and 5.48.3 engine repair 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 Caterpillar brand-name products and certified services. The solicitation number is W9127N19R0058.

Supplies:

Services include authorized OEM field and shop engineering. Materials include OEM service parts.

The approval authority for this justification of brand name specification is the Contracting Officer.

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:

a. Background: The dredge Essayons was launched in 1982 and re-powered in 2008 with eight new engines. The manufacturer chosen for the eight engine refit was Caterpillar. Caterpillar currently has all rights and expertise to service these engines.

v4, 5 Jan 2015; previous version obsolete

b. Justification: Caterpillar dealers are the only repair and service facilities authorized to provide factory parts and make OEM modifications and repairs to maintain the manufacturer’s equipment.

The Government must use OEM replacement parts and certified technicians to ensure the dredge engines continue to function properly and safely. Caterpillar will self-perform the engine overhaul and repair efforts, maintaining warranty and current emission requirements by using OEM replacement parts. As such, the use of a brand-name description specifying Caterpillar brand-name products and certified technicians is essential to the Government’s requirements and precludes consideration of a product manufactured by another company or services rendered by a non-certified technician.

c. 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. These engines power and propel the dredge and are therefore key to the safety of the vessel and the performance of the mission. The potential impact to the government if the Caterpillar C-280 and 3512C engines are not operating properly is approximately $200,000.00 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 Caterpillar OEM equipment and servicing while at the same time maintaining the manufacturer’s warranty and ensuring continued functionality. Only Caterpillar brand-name products and certified technicians can ensure this. If a decision is ever made to replace the engines, full competition can be used to select the best manufacturer for replacement.

6. Actions to Increase 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.

No other compatible products are known to USACE. Caterpillar dealers are the only OEM-authorized service centers for this equipment. The Caterpillar parts and services will be advertised on FBO.gov as part of the overall requirement.

7. Market Research:

Market research shows several Caterpillar dealers in the U.S. capable of performing this work.

These suppliers include but are not limited to the following companies:

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 services.

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: _W1927N18F0178__ Was action competed? Yes No