Attach C- J_A for F3.pdf

CUI

DEPARTMENT OF DEFENSE

WASHINGTON HEADQUARTERS SERVICES

1155 DEFENSE PENTAGON

WASHINGTON, DC 20301-1155

ACQUISITION

DIRECTORATE

WHS-2024-1303-JA

JUSTIFICATION FOR

OTHER THAN FULL AND OPEN COMPETITION (JOFOC)

UNDER FEDERAL ACQUISITION REGULATION FAR SUBPART 6.3

BRAND-NAME JUSTIFICATOIN UNDER FAR 6.302-1

10 U.S.C. 2304(c)(1)

1. AGENCY AND CONTRACTING ACTIVITY: The Department of Defense, Washington Headquarters Services, Acquisition Directorate, Enterprise Facilities and Construction Division.

2. DESCRIPTION OF ACTION: WHS/AD intends to issue a new Firm-Fixed Price

(FFP) contract supporting the WHS Raven Rock Mountain Complex (RRMC), Raven Rock Fire and Emergency Services Division. This acquisition will be funded by the Pentagon Reservation Maintenance Revolving Fund.

3. DESCRIPTION OF SUPPLIES/SERVICES: WHS/RRMC requires newly approved non-fluorinated foams, Fluorine-Free Foam (F3) liquid concentrate, for land-based, freshwater applications. Additionally, the Contractor shall provide an adequately powered electric pump capable of pumping F3 foam concentration vertically to a height of 12 feet 6 inches (12’6”) and with a horizontal length of 5 feet (5’).

Delivery date: Within 60 days after award

4. AUTHORITY CITED: This action is authorized under provisions of 10 U.S.C. 2304(c)

(1) the property or services needed by the agency are available from only one responsible source or only from a limited number of responsible sources and no other type of property or services will satisfy the needs of the agency as implemented by Federal Acquisition Regulation (FAR) 6.302-1 – Only one responsible source and no other supplies or services will satisfy agency requirements. Per FAR 6.302-1(c)(ii)(B), the brand-name descriptions used in the acquisition is essential to the Government’s requirements, thereby precluding consideration of a product manufactured by another company.

5. REASON FOR AUTHORITY CITED:

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a. The purpose of these required products is to replace legacy Fluorinated Aqueous Film Forming Foam (AFFF). The transition from AFFF to F3 was implemented in Section 322 of FY 2020 National Defense Authorization Act (NDAA). As a result, DoD published a governing Military Specification (MILSPEC) for F3 agents to replace the use of AFFF for land-based use at military installations. The Defense Logistics Agency (DLA) maintains a database of approved MILSPEC products and authorized manufactures of those products. Each MILSPEC product is assigned a Qualified Products List (QPL) number which is searchable on DLA’s QPL website. Qualification and listings in a QPL is the process by which products are obtained from manufacturers or distributors, examined and tested for compliance with specification requirements, or manufacturers or potential offerors, are provided an opportunity to demonstrate their abilities to meet the standards specified for qualification. The names of successful products, manufacturers, or potential offerors are included on the QPL evidencing their status.

b. A search of DLA’s QPL using MILSPEC No. MIL-PRF-32725 was conducted during Market Research. The F3 agent is listed as QPL-32725 with the approved manufactures name and designation/product number in the table below.

Approved Manufacturer Approved Product Tempest Technology Corp. Ecopol a3+ Perimeter Solutions Solberg 3%

c. Pursuant to Section 322 – Replacement of Fluorinated Aqueous Film-Forming

Foam with Fluorine-Free Fire-Fighting Agent of FY 2020 National Defense Authorization Act (NDAA), using any product other than the approved MIL-PRF- 32725 would be in violation since subsection (c) specifically stated “PROHIBITION OF USE - Fluorinated aqueous film-forming foam may not be used at any military installation on or after October 1, 2024.”

d. If this J&A is not approved, and subsequent contract not awarded, the absences of the F3 could pose a health and safety risk due to the, now known carcinogens, of per- and polyfluoroalkyl substances - known as PFAS found in the legacy product, AFFF. In addition, the mission will be impacted if the F3 product is not delivered on schedule. The vehicle that will carry F3, known as “Crash 19”, a 2004 E-One Titan 4x4 which is an Aircraft Rescue Fire Fighting (ARFF) vehicle, requires its foam tank to be cleaned before F3 usage, since the foam currently being used is non-compatible. Tank cleaning cannot commence until the F3 product is delivered; therefore, any delay will cause mission risk and degradation.

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6. EFFORTS TO OBTAIN COMPETITION: The required products are commercially available and will be procured in accordance with (IAW) FAR 19.502-2 – Total small business set-asides, on the open market, through the Government Point of Entry (GPE), SAM.gov. This Justification and Approval will be publicized with the solicitation as required by FAR 5.102(a)(6). However, the following exception under FAR 5.202(13) applies to posting a synopsis of the proposed contract action.

(i) Is for an amount not expected to exceed the simplified acquisition threshold;

(ii) Will be made through a means that provides access to the notice of proposed contract action through the GPE; and

(iii) Permits the public to respond to the solicitation electronically.

7. FAIR AND REASONABLE COST DETERMINATION: I hereby determine that the anticipated price for this contract action will be fair and reasonable. The price analysis techniques identified at (FAR 15.404-1(b)(2)(iii)(v) – IGCE Price Comparison, will be used to ensure award will be at fair and reasonable prices. IAW 15.403-1(a), Certified Cost and Pricing Data will not be obtained for acquisitions at or below the simplified acquisition threshold.

8. MARKET RESEARCH: Per FAR 10.002, Market research was conducted on June 14, 2024, to determine if commercial products, commercial services, or nondevelopmental items are available to meet the Government’s needs. In addition, efforts were made to identify capable Small Businesses (SB) and to determine the appropriate North American Industry Classification System (NAICS) Code. The following methods were used:

a) DLA, Qualified Products List (QPL) Search: https://www.dla.mil/Working-With- DLA/Applications/Details/Article/2923127/qpdqpl-qualified-products-database-or-qualified-products-list/ . There are only two (2) manufactures, Tempest Technology Corp. and Perimeter Solutions, approved to provide DoD with F3.

b) Commercial Item Determination: IAW FAR 2.101, the required products are customarily sold by the public and used by the public for purposes that are not strictly governmental, therefore; the products are commercial.

c) Consideration of Government Supply Sources: IAW FAR 8.002 & 004, research was conducted on the General Service Administration (GSA) e-library to find Multiple Award Schedule (MAS) resellers under the “3FIRE” category.

d) Direct manufacture engagement: request for information

9. OTHER FACTS: N/A

10. INTERESTED SOURCES: N/A

https://www.dla.mil/Working-With-DLA/Applications/Details/Article/2923127/qpdqpl-qualified-products-database-or-qualified-products-list/ https://www.dla.mil/Working-With-DLA/Applications/Details/Article/2923127/qpdqpl-qualified-products-database-or-qualified-products-list/ https://www.dla.mil/Working-With-DLA/Applications/Details/Article/2923127/qpdqpl-qualified-products-database-or-qualified-products-list/

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11. ACTIONS TO INCREASE COMPETITION: Based on Market Research, the solicitation for the F3 product will be under NAICS code 325998 – All Other Miscellaneous Chemical Product and Preparation Manufacturing and Product Service Code (PSC) 4210 – Fire Fighting Equipment. While required sources of supplies were considered IAW FAR 8.002 & 004, only one (1) of the four (4) SB resellers on the GSA MAS offered the F3 product IAW the MILSPEC. Therefore, GSA cannot be used for this procurement as a required source. This will be a competitive acquisition pursuant FAR 19.502-2 - Total small business set-asides, on the “Open Market”, through SAM.gov.

Market research results provided a reasonable expectation that the Government will receive offers from at least two (2) SB.

12. Is this acquisition for a non-competitive follow-on acquisition previously awarded on a non-competitive basis?

☐Yes. A copy of the previous justification is attached. The actions to remove any barriers to competition cited on the previous justification ☐ were ☐ were not completed

☐No. The original acquisition was conducted on a competitive basis.

☒Not Applicable. This is a new requirement.

CERTIFICATION

I, hereby, certify that the supporting data under my cognizance included in this justification are accurate and complete to the best of my knowledge and belief.

//Signature on file// Requiring Activity/Program Office Date

//Signature on file//

Contracting Officer Date