Sole Source JA for Factory Talk_Redacted.pdf

Control Number: 24-055

SINGLE SOURCE DETERMINATION

FOR OTHER THAN FULL AND OPEN COMPETITION

FAR Subpart 13.106-1(b)

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 purpose of this contract acquisition is to provide government furnished equipment as a requirement of active contract W912EF22C0002 awarded to Pick Electric Inc. The work includes replacement and rehabilitation of the Low Voltage and Direct Current Switchgear Systems and Governor Oil Pump Motors for the Lower Monumental Dam.

3. DESCRIPTION OF SUPPLIES/SERVICE:

Division shall furnish one (1) Factory Talk Software Package including the following:

QTY 2 9324M-RLDT30M Studio 5000 Pro Software, physical media QTY 2 9701M-VWSTDENTT61 Factory Talk Studio Enterprise, physical media QTY 1 9701M-VWSVBDL05T31 Factory Talk View Studio Enterprise, physical media

4. AUTHORITY CITED:

FAR 13.106-1(b)(1), Soliciting from a single source. 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: All Programable Logic Controllers for the switchgears in the hydroelectric dams designed and maintained by the USACE Northwestern Division and the Hydroelectric Design Center (HDC) with standard and compatible Allen Bradley Parts programmed with software by Rockwell Automation. Due to the standardized nature of these controls and interfacing with other systems with common software interfaces at the dams, the use of other hardware and software for controls is not feasible.

b. JUSTIFICATION: Rockwell Automation follows a strict limited distribution model with specific distributors for each geographical region. In order to maintain the purchase from an authorized distributor. It is required that the Factory Talk Software nsing. Authorized with the district, and the authorized distributor, Columbia Electric Supply is not registered in SAM, and will not do so. Additionally, Columbia Electric Supply insisted on having a value added portion of purchasing scope which would include the installation and programming of Allen Bradley Parts, which is unacceptable for the government. As such, the only method of obtaining software from Rockwell

Government Business Division for a single source and brand name purchase.

c. IMPACT: Use of hardware other than Allen Bradely and software other than Rockwell Automation would require the entire digital infrastructure of the Lower Monumental Dam to be redesigned, installed, and reprogrammed

, in addition to requiring all project staff that works with this equipment to train on a new system.

This is not practical financially, or logistically and as such the government must proceed with the current infrastructure installed as part of the aforementioned operate the switchgear infrastructure at the Lower Monumental Dam.

d. ALTERNATIVES: The only alternative, in this case, would be to purchase the software from a nonauthorized distributor. This would void the original

, which would render the software eventually useless without follow-on customer support services or basic updates.

6. DETERMINATION OF FAIR AND REASONABLE COSTS: Sufficient online pricing has been found for price comparison and will be included in the government estimate. No award will be made unless prices are determined fair and reasonable.

7. MARKET RESEARCH:

The Rockwell Automation Government Business Division is the only vendor through which this software can be purchased by the government to ensure necessary follow-on technical support and OEM warranty.

8. OTHER FACTORS: It is possible to procure the Factory Talk Software through a third party vendor who can purchase the software from Columbia Electric Supply, but doing so would come at significantly increased cost to the government. More importantly, doing so would not maintain the original warranty and licensing for the software, which is unacceptable to the government.

9. TECHNICAL CERTIFICATION: I certify that the information supporting this Single Source Determination is accurate and complete to the best of my knowledge based on the supporting data provided by technical or requirements personnel and my research.

Prepared by:

Title: Project Manager Signature:

10. CONTRACTING OFFICER CERTIFICATION: In accordance with the authority of 10 U.S.C.

3204(a)(1), as implemented by FAR 13.106-1(b) and based upon the foregoing, I hereby determine that a single source procurement is authorized and is in the best interest of the Government.

Approved by:

Title: Contracting Officer Signature:

Reviewed for legal sufficiency:

Title: District Counsel Signature: