A.02 Brand Name J&A.pdf

Control Number: NWP-24-0015

Justification Review Document for Other than Full and Open Competition - FAR Part 6

Program/Equipment: FY24 Dredge Essayons Annual Lube Oil

Authority:

FAR 13.106-1 Soliciting Competition

(b) Soliciting from a single source.

(2) For purchases exceeding the simplified acquisition threshold. The requirements at 13.501(a) apply to sole-source (including brand-name) acquisitions of commercial products and commercial services conducted pursuant to subpart 13.5.

Amount: The estimated cost of this acquisition is $129,450.00.

Prepared by:

Typed Name: Ian Lutjens DSN: N/A

Title: Contract Specialist Date: 12 March 2024

E-mail: ian.k.lutjens@usace.army.mil

Contracting Officer:

Typed Name: Brandon Lasich DSN: (503) 808-4637

Date Reviewed: 12 March 2024

E-Mail: brandon.m.lasich@usace.army.mil

Technical Representative:

Typed Name: David Paquet DSN: (503) 808-5052

Title: Chief Engineer Date: 12 March 2024

Requirements Representative:

Typed Name: David Paquet DSN: (503) 808-5052

Title: Chief Engineer Date: 12 March 2024

Reviews

I have reviewed this justification and find it adequate to support other than full and open competition.

Program Manager (1)

Typed Name: David Paquet DSN: (503) 808-5052

Signature: __________________________________Date: 12 March 2024

(1) Add Program Executive Officer signature block when item is Program Executive Officer managed.

Legal Counsel

Typed Name: Elisabeth Dixon DSN: (503) 808-4524

Signature: _________________________________ Date: 12 March 2024

Justification and Approval for Other than Full and Open Competition – FAR Part 6

1. Contracting Activity:

Portland District, U.S. Army Corps of Engineers (Corps), Contracting Division, 333 SW First Avenue, Portland, OR 97204-3495.

2. Description of Action:

FY24 Dredge Essayons Annual Lube Oil

3. Description of Supplies/Services:

The total estimated value of the proposed annual action is $129,450.00. Total estimated quantity of lube oil for the entire contract is 7,000 gallons. Estimated number of delivery events to be six different occurrences at any of the specified locations listed below.

Upon request for a specific quantity and date for lube oil, the Contractor shall transport and pump into the vessel’s fixed piping system requested quantity:

typical quantity ~ 900 – 1,500 gallons per event. Estimated total volume per annum is 7,000 gallons of MobilGard HSD+ 15w-40 Diesel Engine Oil, delivered in bulk over the water to the Essayons located at one of the following locations:

Terminal 2, Port of Portland, OR; Port of Longview, WA, or the Port of Astoria, OR.

4. Authority Cited:

FAR 13.106-1 Soliciting Competition.

(b) Soliciting from a single source.

(2) For purchases exceeding the simplified acquisition threshold. The requirements at 13.501(a) apply to sole-source (including brand-name) acquisitions of commercial products and commercial services conducted pursuant to subpart 13.5.

5. Reason for Authority Cited:

a. Background: This annual request is for a total of 7,000 gallons of MobilGard HSD+ 15w-40 Diesel Engine Oil, used on Caterpillar C-280, 3512C, and C18 engines to maintain efficient operational use. Vessel will provide 2 weeks advance notice for each of six pumping events throughout the year.

MobilGard HSD+ 15w-40 Diesel Engine Oil, is currently in-use in all of the Essayons’ diesel engines.

b. Justification: Other brand name oils would diminish the reliability of the equipment consistent with premature wear, component failures, and sludge buildup, therefore the use of MobilGard HSD+ 15w-40 Diesel Engine Oil, is advantageous in maintaining the useful life of the engines. Because the diesel oil will be transported across water, interested vendors must be certified by the United States Coast Guard (USCG) to transfer oil over water.

c. Impact: The Essayons had experienced unfavorable outcomes with the use of other oils consistent with premature wear, component failures, and sludge buildup, ultimately diminishing the reliability of the equipment. With the Essayons traveling several times a year across the Pacific Ocean to perform dredging services, it is imperative to maintain the effectiveness of the identified engines, otherwise engine failure, facility damage and/or loss, and/or human loss or injury is imminent.

d. Alternatives: There are no known alternatives for these brand name products at this time.

6. Efforts to Obtain Competition:

a. Effective competition. There are several vendors that can provide MobilGard HSD+ 15w-40 Diesel Engine Oil, but the option to receive this product from a vendor without the USCG certification is in violation of Title 33 Code of Federal Regulations (CFR) Section 154.325(d) and meets all applicable requirements for a mobile transfer facility outlined in 33 CFR Parts 154 and 156 for operations in the Sector Columbia River Captain of the Port Zone.

b. Subcontracting competition.

N/A

7. Actions to Increase Competition:

A request to small business concerns has been submitted and will continue to be submitted to assist current vendors in acquiring the necessary certifications from the U.S. Coast Guard to meet the requirements for future purchases.

8. Market Research:

Market research indicates there are several vendors capable of providing MobilGard HSD+ 15w-40 Diesel Engine Oil; however, market research revealed only one vendor holds the proper certification from the USCG permitting the transfer of oil over the water, the one vendor being the regional distributor.

9. Interested Sources:

At least two (2) vendors have expressed interest in this requirement

10. Other Facts: Discuss any other facts supporting the use of other than full and open competition, such as the following:

a. Procurement history. Reasonable efforts to retrieve the following items from computer records, contract files, competition advocate office files or other sources are expected:

(1) Contract numbers and dates of all awarded contracts for these same requirements.

W9127N-23-P-0046 Awarded 5 May 2023 W9127N-23-P-0007 Awarded 22 November 2022 W9127N-22-P-0110 Awarded 23 August 2022 W9127N-22-P-0153 Awarded 27 September 2022 W9127N-22-P-0090 Awarded 15 July 2022 W9127N-22-P-0035 Awarded 24 March 2022 W9127N-21-P-0080 Awarded 20 August 2021 W9127N-21-P-0050 Awarded 23 June 2021 W9127N-20-P-0097 Awarded 24 July 2020 W9127N-20-P-0141 Awarded 17 September 2020 W9127N-20-P-0007 Awarded 5 November 2019 W9127N-19-P-0109 Awarded 20 August 2019 W9127N-19-P-0003 Awarded 23 October 2018

(2) The competitive status of these actions.

W9127N-23-P-0046 Competed W9127N-23-P-0007 Competed W9127N-22-P-0110 Competed W9127N-22-P-0153 Competed W9127N-22-P-0090 Competed W9127N-22-P-0035 Competed W9127N-21-P-0080 Competed W9127N-21-P-0050 Competed W9127N-20-P-0097 Competed W9127N-20-P-0141 Competed W9127N-20-P-0007 Competed W9127N-19-P-0109 Competed W9127N-19-P-0003 Competed

(3) Authority previously cited if less than full and open competition was used.

W9127N-23-P-0046 FAR 13.106-1(b)(1)(i) W9127N-23-P-0007 FAR 13.106-1(b)(1)(i) W9127N-22-P-0110 FAR 13.106-1(b)(1)(i) W9127N-22-P-0153 FAR 13.106-1(b)(1)(i) W9127N-22-P-0090 FAR 13.106-1(b)(1)(i) W9127N-22-P-0035 FAR 13.106-1(b)(1)(i) W9127N-21-P-0080 FAR 13.106-1(b)(1)(i) W9127N-21-P-0050 FAR 13.106-1(b)(1)(i) W9127N-20-P-0097 FAR 13.106-1(b)(1)(i) W9127N-20-P-0141 FAR 13.106-1(b)(1)(i) W9127N-20-P-0007 FAR 13.106-1(b)(1)(i) W9127N-19-P-0109 FAR 13.106-1(b)(1)(i) W9127N-19-P-0003 FAR 13.106-1(b)(1)(i)

(4) If a justification was prepared to support the procurement made before this one, a summary of the contents of paragraph 7 of the justification for that procurement and an explanation of the results.

See Paragraph 7

(5) If any prior contract for this requirement was accomplished using full and open competition, include a detailed explanation of the changed circumstances causing this action to now limit the sources.

(6) An explanation of any unusual patterns that may be revealed by the history, e.g., several consecutive, urgent buys.

(7) If a justification was prepared to support the procurement made before this one, briefly describe the circumstances justifying the procurement and whether there have been any significant changes.

No changes

b. Other facts. Provide any other facts necessary to justify limiting competition that were not previously stated.

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.

Signature: ________________________________Date: 12 March 2024

Typed Name: David Paquet Title: Chief Engineer

12. Requirements 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.

Signature: ________________________________Date: 12 March 2024

Typed Name: David Paquet Title: Chief Engineer

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.

No award shall be made until the Contracting Officer determines the cost to the Government to be fair and reasonable. This determination will be based on the comparison of the offeror’s quote to the Independent Government Estimate (IGE), market research, and pricing obtained through previously awarded orders for the same or similar items. Both the validity of the comparison and the reasonableness of the previous pricing have been established.

Signature: _____________________________ Date: 12 March 2024

Typed Name: Brandon Lasich Title: Contracting Officer

14. Contracting Officer Certification:

I certify that this justification is accurate and complete to the best of my knowledge and belief.

Approval

Based on the foregoing justification, I hereby approve the procurement of a firm-fixed-price service procurement utilizing brand name MobilGard HSD+ 15w-40 Diesel Engine Oil with an estimated cost of $129,450.00 on an other than full and open competition basis pursuant to the authority of FAR 13.106-1(b)(2) subject to availability of funds, and provided that the services and property herein described have otherwise been authorized for this acquisition.