A.03.10 MNA McDouble Vinyl Paint J&A.pdf

Control Number: 21-0050

SINGLE SOURCE DETERMINATION (including brand name)

1 CONTRACTING AGENCY: US Army Corps of Engineers (USACE), Walla Walla District (CENWW-CT) 201 North 3rd, Walla Walla, WA 99362.

2 DESCRIPTION OF ACTION: The McNary Dam Intake Gate Hydraulic System and Isophase Bus and Disconnect Switches project requires a brand name or equal justification for multiple ingredients within the vinyl paint formula as outlined in specification section 09 97 02.13 26 PAINTING: HYDRAULIC STRUCTURES.

The ingredients that make up this vinyl paint system are the only ones tested and approved by USACE Construction Engineering Research Laboratory (CERL) for use as protective coating on underwater steel structures.

Although the vinyl paint system can be procured from multiple manufacturers, certain ingredients within the paint system are only available from the specific manufacturers listed below. Due to proprietary information of these specific ingredients, decades of performance testing and importance of the protection coating for submerged steel structures, altering the paint formulation by changing the specific ingredients would result in an inferior protective coating system. The ingredients listed in part 3 below will not only mitigate the risk of an inferior protective coating and any unforeseeable costs including repairs and future maintenance, but it will also maintain the integrity of the premier protective coating system with decades of testing and approved by CERL.

These ingredients make up a small portion of the overall paint system, in which the paint system is a portion of the overall cost of touch up painting for the intake gates and the fabrication of new support beams. The cost of the entire paint system is currently estimated at $257,000; however, the specific ingredients required in the paint formulas are estimated at $25,700 (approximately 10%) of the total paint cost.

3 DESCRIPTION OF ITEMS: Ingredients for Special Paint Formulas as outlined in Specification Section 09 97 02.13 26 includes the items in the following table.

Ingredient Product Supplier Titanium Dioxide

Kronos 2160 Kronos, Inc.

Titanium Dioxide

Kronos 2101 Kronos, Inc.

Titanium Dioxide

Ti-Pure 960 E.I. Dupont DeNemours and Co., Inc.

Suspending Agent E

MPA-14 RHEOX, Inc.

Suspending Agent F

Bentone 27 RHEOX, Inc.

Vinyl Resin, Type 3

Vinnol H 15/50 Wacker Chemie AG

Vinyl Resin, Type 4

Vinnol H 15/45 M, Wacker Chemie AG

Silane B Silane A-1120 Momentive Performance Materials Inc.

Silane B Silane Z-6020 Dow Corning Corporation

4 AUTHORITY CITED: 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).

5 REASON FOR AUTHORITY CITED:

a. BACKGROUND: The Army Corps of Engineers developed formulations for vinyl coatings in the early 1950’s for the protection of the hydraulic structures. In addition to providing needed corrosion protection to these critical structures, vinyl coatings are especially resistant to damage by the floating ice and debris commonly encountered on navigable waterway structures. Formulations for alternative coatings as well as extensive testing of proprietary products over the decades has not identified any with comparable application properties or service lives. Commercially available products commonly used for the protection of immersed structures such as water storage tanks typically exhibit 20%-25% the service life of vinyl coatings when exposed to the harsh environment of a Corps navigation structure.

Vinyl coatings are based on formulations developed specifically to enhance their performance on hydraulic structures. The resins used have a very high molecular weight to attain the ultimate combination of hardness and elasticity. Resins can be manufactured by either an emulsion-based or a more costly solution-based process but for the required water resistance, only the solution-based process resins are acceptable. This limits the number of potential manufacturers who can supply the resin. The specification identifies a specific manufacturer’s resins that can be used to meet the various salient requirements for the finished product. Paint manufacturers who opt to evaluate the resins produced by alternate resin manufacturers may do so.

b. JUSTIFICATION:

i. Additives used in paints and many other commercial products is highly proprietary. Research has shown that only the clay-based materials can be used without adversely affecting the adhesion properties of the VZ-108 paint, but even the clay type materials have proprietary surface treatments that affect their performance in the finished paint. Alternative sources of these materials have not been identified.

c. IMPACT: Substitution for the specified products would:

i. The potential problems of using a pigment that doesn’t work may mean that the paint will (i) gel shortly after manufacture, (ii) settle out in the can meaning the paint cannot be used after a few months or maybe after a year, or (iii) may chalk badly after being applied which would not be observed for a year or 2 on a paint that is supposed to last for 30-40 years. As a result, proprietary products from three alternate manufacturers are identified in the formulation as being acceptable for manufacturer of the paint.

d. ALTERNATIVES: The proprietary raw materials are critical to the performance of the vinyl paint systems. If they are not available, alternate coating systems will need to be used. At this time, the available alternative coating systems will result in greater life cycle costs for the corrosion protection of Corps hydraulic structures.

6 EFFORTS TO OBTAIN AND INCREASE COMPETITION: There is ongoing research to both evaluate commercially available alternatives to the vinyl paints as well as to identify the salient characteristics of the vinyl in order to develop replacement coating systems.

7 FAIR AND REASONABLE COST DETERMINATION: The current total estimated cost for the paint system is $257,000 which includes surface preparation, and paint application. The cost of the specific ingredients contained within this J&A are estimated to be $25,700 (approximately 10%) of the total cost of the paint system. As there are multiple sources capable of supplying the vinyl paint systems, a fair and reasonable price determination will be on the basis of competition.

8 MARKET RESEARCH: There are multiple sources of supply for the vinyl paint systems. None have requested to use alternate raw materials.

9 OTHER FACTS: None

10 INTERESTED SOURCES: None

11 CONTRACT SPECILAIST: I certify that this J&A is accurate and complete to the best of my knowledge and belief.

PREPARED BY: Hillary Morgan TITLE: Contract Specialist

CAC SIGNATURE: _____________________________________

12 DETERMINATION: I hereby determine the above-stated circumstances of this contract action deem only one brand is available to meet the Government’s need.

APPROVED BY: Jani C. Long TITLE: Contracting Officer

13 DETERMINATION: In accordance with the requirements of UAI 5101.602-2-90, I have reviewed the J&A and determined it is legally sufficient.

APPROVED BY: Theresa Hampson TITLE: District Counsel