Attachment E_Brand Name Justification_Redacted.pdf

Administration Building 180 Andrews Street Massena, NY 13662 Tel: (315) 764-3200 www.greatlakes-seaway.com www.seaway.dot.go

Great Lakes St.

Lawrence Seaway Development

GREAT LAKES ST. LAWRENCE SEAWAY DEVELOPMENT CORPORATION

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION (JOFOC)

Administration Building and Maintenance Garage Construction

Fire Suppression System

1. Identification of the agency and contracting activity.

Program Office:

Office of Engineering and Maintenance 251 Fregoe Road Massena, NY 13662

Contracting Activity:

Great Lakes St. Lawrence Seaway Development Corporation

Massena, NY 13662

2. Nature and/or description of the action being approved.

This action is to approve a brand name justification for the VID Fire-Kill low pressure water mist system—including the associated appurtenances, nozzles, valves, and piping—to be installed during the construction of the GLS Administration Building and Maintenance Garage project at Eisenhower Lock in Massena, New York. The successful general contractor will be required to procure, install, and test this specific system as part of the overall firm-fixed-price construction contract.

This justification is being issued in accordance with FAR RFO Part 6.103-1(d) Only one responsible source and no other supplies or services will satisfy agency requirements.

3. Description of the supplies or services required to meet the agency’s needs, including the estimated value.

The project site features unusually low water pressure compared to the requirements for a traditional sprinkler fire suppression system. Installing a traditional system would require the addition of a fire pump and a fire water storage tank, exponentially increasing initial construction costs and long-term maintenance burdens. To mitigate this, the Government requires the installation of a low-pressure water mist technology system in accordance with NFPA 750 and International Fire Code sections 903.1.1 and 904.2.

Massena, NY 13662 Tel: (315) 764-3200 www.greatlakes-seaway.com www.seaway.dot.go

Great Lakes St.

4. Identification of the statutory authority permitting other than full and open competition.

The authority to enter the contract award for this effort without full and open competition is FAR RFO 6.103-1 (d) Only One Source Responsible and No Other Supplies Or Services Will Satisfy Agency Requirements.

5. Demonstration that the unique qualifications of the proposed contractor or nature of the acquisition requires use of the cited authority.

The Government's minimum need is a low-pressure water mist fire suppression system that holds specific testing listings and approvals for the unique fire hazards associated with this facility, which includes electric vehicle (EV) parking and maintenance areas. While water mist technology has existed for decades, the VID Fire-Kill system is the only known system that has completed the requisite full-scale testing to become the first FM Approved water mist system for Hazard Category 2 (HC2) and Hazard Category 3 (HC3) enclosures.

Achieving this specific HC2/HC3 FM 5560 approval is mandatory to satisfy NFPA 750 code requirements for the facility's specific hazard profile while operating at the site's low-pressure parameters. No other manufacturer's system currently possesses this specific FM HC2/HC3 approval. Therefore, utilizing any other system would force the Government to construct cost-prohibitive fire pumps and water storage tanks to revert to a traditional sprinkler design, making VID Fire-Kill the only highly-specialized product capable of meeting the Government's minimum safety and infrastructure needs.

6. Description of efforts to ensure offers were solicited from as many potential sources as practicable, including whether a notice will be publicized and, if not, which exception applies.

This brand name justification will be published on SAM.gov alongside the overall construction solicitation in accordance. While the fire suppression system is limited to the VID Fire-Kill brand, the overall construction contract will be competed as a small business set-aside. Multiple authorized distributors of the VID Fire-Kill system exist, allowing prospective prime contractors to obtain competitive subcontractor pricing for the procurement and installation of the system.

7. Determination by the CO that the anticipated cost to the government will be fair and reasonable.

GLS will ensure that all costs associated with the overall project are fair and reasonable. The Government has developed an Independent Government Cost Estimate (IGCE) broken down into over 135 elements across eight major categories. Offerors will be required to provide firm-fixed pricing on those categories. Price reasonableness for the VID Fire-Kill system will be determined through adequate price competition at the prime contractor level, as well as through comparison of the proposed prices to the IGCE.

Massena, NY 13662 Tel: (315) 764-3200 www.greatlakes-seaway.com www.seaway.dot.go

Great Lakes St.

8. Description of market research conducted and results, or a statement of the reason why market research was not conducted.

Market research for the overall construction project identified eight registered small businesses capable of fulfilling the requirement under NAICS code 236220, ensuring adequate competition at the prime level. Regarding the fire suppression component, the engineering team evaluated the market for alternative fire suppression methodologies. It was determined that traditional sprinklers required cost-prohibitive infrastructure (tanks/pumps). Research into alternative water mist manufacturers revealed that only VID Fire-Kill currently holds the specific FM 5560 testing approvals required for EV parking hazards at the available site water pressures.

9. Any other facts supporting use of other than full and open competition.

Not applicable.

10. Listing any sources that expressed a written interest in the acquisition.

Not applicable.

11. Statement of any actions the agency may take to remove or overcome any barriers to competition before any subsequent acquisition for services/supplies.

GLS will continue to monitor the fire suppression market, including future updates to FM approvals and NFPA standards, to determine if other manufacturers develop low-pressure water mist systems rated for EV hazards that could be utilized on future projects.

12. Certification and Approvals Signature Page

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