SoleSourceDFEssayonsDavitCylinders_Redacted.pdf

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:

Palfinger Marine USA Inc.

2415 T Avenue Anacortes, WA 98221 360-299-4585 service.americas@palfingermarine.com

3. Description of Services or Supplies:

Background: Dredge Essayons uses a proprietary PHA davit manufactured by Schat Harding.

Schat Harding has been acquired by Palfinger Marine USA and is still the proprietary supplier of replacement parts for this davit and the other lifesaving equipment and davits aboard Essayons.

The existing davit hydraulic cylinders have been overhauled numerous times and have now exceeded their design service life. The manufacturer of the davit and associated components is Schat Harding, now Palfinger Marine USA. This launch carries personnel on a daily basis using proprietary components provided by Palfinger Marine USA to continue to perform safely.

Supplies: This acquisition is to provide mission critical proprietary replacement launch davit parts for the Essayons. The time and cost of reverse engineering along with the liability on this personnel carrying equipment will be too large for the Government to proceed with full and open competition. Ship to the US Moorings, 8010 NW. St. Helens Road, Portland OR, 97210.

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)

OJL-20-0008

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: Currently these parts have exceeded their service life. The launch davit is critical to support the mission safely moving personnel from ship to shore. No reasonable alternative is currently available.

Impact: Currently the Essayons has no spare cylinders as these are not considered normal wear parts. The existing cylinders have been overhauled many times yet continue to leak and cause an environmental hazard. This equipment is mission critical and involves the safety of human life and high value property.

Alternatives: There are no practical alternatives. If a decision is ever made to replace the davit, full and open competition can be utilized to select the best manufacturer for replacement.

6. Actions to Increase Competition:

If the davit 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 davit, 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: ______________________ 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:

DATE: 07 November 2019

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