A.04.35_Brand_Name_Determination.pdf

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Control Number: 16-0078

SINGLE BRAND DETERMINATION

Far Subpart 13.106-1(b)

DESCRIPTION OF THE ACTION: The U.S. Army Corps of Engineers, Walla Walla District (CENWW-CT) 201 North 3rd, Walla Walla, WA 99362 has a requirement for the delivery a brand name, Square D Model 6 Motor Control Center (MCC), electrical breaker panel.

DESCRIPTION OF THE SERVICES/SUPPLIES: This action is for a new firm fixed price acquisition of brand name, Square D Model 6 Motor Control Center (MCC), electrical breaker panel. Dworshak Project seeks to replace several damaged electrical feeders at the hatchery. Part of this work involves disassembling an existing outdated Motor Control Center (MCC). Dworshak Project intends to procure a new Square D Model 6 MCC comprised of three vertical sections and outfitted with one 15 KVA transformer, one 120/208V distribution panel, two motor starters, four breakers, and any ancillary parts necessary for installation and grounding to install in place of the old MCC.

SINGLE BRAND SOURCE: A brand name justification is being sought to provide Commercial items, off the shelf, from a distributor who carries Square D electrical breaker panels.

AUTHORITY CITED:

a. FAR 13.106-1 (b), Soliciting from a single source. (1) For purchases not exceeding the simplified acquisition threshold, 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).

b. FAR 11.105-(a)(1): the particular brand name, product, or feature is essential to the

Governments’ requirements, and market research indicates other companies’ similar products, or products lacking the particular feature, do not meet, or cannot be modified to meet, the agency’s need.

REASON FOR AUTHORITY CITED:

a. BACKGROUND: The hatchery experienced two phase-to-ground faults and one phase-to-phase fault in Manhole #12 (MH #12) in December 2015 and January 2016. These faults have destroyed three separate electrical feeds within the manhole itself. In order to repair the feeds, Motor Control Center (MCC) GCQ3 must be disassembled to pull the old wire out and new wires

in. This MCC was installed during the 1970s and is constructed using breakers and other components which are no longer commercially available. Dworshak project wishes to replace this MCC with one which matches other MCCs in and around Dworshak Powerhouse.

b. JUSTIFICATION: Dworshak Project has 15 existing SquareD Model 6 MCCs which have a total of 239 breakers and motor starters installed in them. All 480V load centers at the dam have been replaced with Square D components, including QED-2, QED-6, and Model 6 systems.

Remaining panel boards, from original dam construction, are GE brand systems that are no longer manufactured.

It is in the Government’s best interest to standardize electrical distribution equipment wherever possible. Standardization ensures electrical crews are familiar with the system, reduces training requirements, ensures spare part are kept available in the limited space of the Project warehouse, and ensures there are suppliers and spare parts readily available for purchase. Standardized systems and parts provide for the most expedient response to emergency events, as the Project will be able to maintain sufficient spare parts on hand for immediate replacement in case of failure.

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c. IMPACT: Procuring and installing of any other brand or style of product will result in inefficiencies due to craftworker unfamiliarity with the product and training needs, variations in preventive maintenance schedules, carrying multiple types of spare breakers in the Project warehouse, as well as the need to procure and maintain different equipment to test-trip the breakers as part of regular maintenance.

d. ALTERNATIVES: No alternatives have been identified that would meet this requirement.

DETERMINATION OF FAIR AND REASONABLE COSTS: The market for Square D brand electric breaker panel is mature and competitive. Therefore, price competition should result in a fair and reasonable price; however, no contract will be awarded unless the price is determined fair and reasonable.

EFFORTS TO OBTAIN COMPETITION: There are numerous contractors that can supply these brand name products.

MARKET RESEARCH: The particular “Square D” brand name, product, or feature is essential to the Government’s requirements, and market research indicates other companies’ similar products, or products lacking the particular feature, do not meet, or cannot be modified to meet, the agency’s needs. Market research indicates that several small business distributors for the brand name “Square D” may fulfill the requirement.

CONTRACT SPECIALIST: I certify that the information supporting this brand name determination is accurate and complete to the best of my knowledge based on the supporting data provided by technical or requirements personnel.

Prepared by: Ruth Johnson Title: Contract Specialist Signature: ____________________

DETERMINATION: In accordance with the authority of 10 U.S.C. 2304(c)(1), as implemented by FAR 13.106-1 (b) and based upon the foregoing, I hereby determine that a brand name procurement is authorized and is in the best interest of the Government.

Approved by: Camilla Allen Title: Contracting Officer Signature: ___________________