FAR-Part13-5-Sole-Source-JA_ACC_B-FY-19-0002_W912PA-19-P-0009_28_June_2019_FBO_Notice_Attachment_Redacted.pdf

Control No:

Contractor: DEICHTEC GMBH & CO. KG

Equipment: Mobile Fire Alarmand Detection System- APS 2 Dulmen

JUSTIFICATION REVIEW DOCUMENT

FAR SUBPART 13.5 SIMPLIFIED PROCEDURES FOR CERTAIN COMMERCIAL

ITEMS – SOLE SOURCE JUSTIFICATION AND APPROVAL

Equipment: IMCOM Europe Region Department of Emergency Services (DES) is acquiring a Mobile Fire Detection System for Tower Barracks, APS 2 Dulmen

Authority: Simplified Procedures for Certain Commercial Items, 41 U.S.C. 1901 as implemented by FAR Subpart 13.5.

Amount: The total ).

FAR Subpart 13.5 Simplified Procedures for Certain Commercial Items – Sole Source Justification and Approval

1. Contracting Activity: 409th Contracting SupportBrigade - Regional Contracting Office

- Benelux

2. Description of Action: IMCOM Europe Region DES requested a firm-fixed-price contract for a Mobile Fire Alarm and Detection System at the APS 2 site, Dulmen, Germany, in order to mitigate risks to life, health, safety and critical military property. The contract W912PA-19-P-0009 was awarded on 30 May 2019 to DEICHTEC GMBH & CO.

KG, Nesserlander Strasse 15, 26721 Emden, Germany. Accordingly, Fiscal Year 2019 Operations and Maintenance (O&M) funding is utilized.

An acquisition plan is not required because this procurement does not meet the threshold at Defense Federal Acquisition Regulation Supplement 207.103(d)(i)(B).

Approved an acquisition plan in accordance with DFARS 207.103(d)(i)(B).

The required acquisition plan in accordance with DFARS 207.103(d)(i)(B) is currently awaiting approval.

3. Description of Supplies/Services:

Mobile Fire Alarm and Detection System composed of the following:

00001 Building 40003= 1 System: 2 base stations, 88 smoke detectors, 1 repeater, 24 push button/siren units, 112 mounting plates, 21 line cards (each)

00002 Building 40004= 1 System: 2 base stations, 89 smoke detectors, 1 repeater, 19 push button/siren units, 108 mounting plates, 21 line cards (each)

00003 Building 40005= 1 System: 2 base stations, 110 smoke detectors, 1 repeater, 29 push button/siren units, 139 mounting plates, 23 line cards (each)

00004 Building 40007= 1 System: 2 base stations, 59 smoke detectors, 1 repeater, 38 push button/siren units, 97 mounting plates, 19 line cards (each)

00005 Building 40012= 1 System: 2 base stations, 116 smoke detectors, 1 repeater, 43 push button/siren units, 159 mounting plates, 27 line cards (each)

00006 Building 40022= 1 System: 2 base stations, 20 smoke detectors, 1 repeater, 10 push button/siren units, 30 mounting plates, 15 line cards (each)

Incidental services for shipping, installation, and training are included per contract line item / building.

Period of Performance: Thirty (30) calendar days after receipt of order/contract.

Total Value:

4. Authority Cited:

Simplified Procedures for Certain Commercial Items, 41 U.S.C. 1901 as implemented by FAR Subpart 13.5:

Unusual and compelling urgency

Exclusive licensing agreements

Industrial mobilization

Other: N/A

5. Reason for Authority Cited:

The Contracting Activity received a complete actionable package on 12 Apr 2019 for the urgent acquisition of a mobile fire alarm detection system at APS Dulmen, Germany. The Mobile Fire Alarm and Detection System is a one-time buy and will serve as an interim first-response solution, until the existing fire alarm and detection system is repaired and made fully operational. The full repair of the existing system is a part of several ongoing construction projects on site, scheduled for completion within 3-4 years.

The procurement of the system through a full and open competition, at the estimated dollar level, would be a minimum of 65 days to award and at least 30 days for delivery and installation of the system, resulting in a completion date of 16 July at the earliest.

However, given the period of time between the publication of synopsis and receipt of offers had to be no less than 40 days IAW 5.203(h), this date would be extremely difficult to achieve.

On 14 May 2019, the Contracting Officer received a memorandum immediate procurement of mobile fire alarm and detection system to protect life, safety and health of personnel and critical military property at APS 2 Dulmen. The memorandum describes the criticality of the situation, the potential catastrophic implications and the potential of a direct and immediate suspension of operations, should the mobile fire alarm and detection system not be installed.

(a) The previous detection system failure was identified in January 2019. All other mitigation efforts have failed and the situation has reached a critical level causing grave concern to the local community, APS 2 site workers, and government officials. A fire on site would likely have catastrophic implications, including potential personnel death, and loss of critical strategic assets. This current risk could force a US Command or German Authority to direct an immediate suspension of operations until adequate fire detection capability in in place. This would directly impede our ability to operate this site, maintain readiness and facilitate deterrence.

(b) APS 2 Dulmen provides a vital component of the European Defense Initiative.

Even a temporary disruption at this site could have serious ramifications on

Host Nation authorities consider the potential for a fire and the resultant smoke hazard to local communities as an unacceptable risk to public safety. Projections indicate a major risk to major metropolitan centers, most notably Munster, GE. IAW the NATO Supplemental Agreement (SA) local authorities are therefore, authorized to immediately cease operations at APS 2 Dulmen, which could occur should the fire alarm system not be provided.

For the reasons described above, the standard acquisition lead-time would create unacceptable risk to life, health, safety, and critical military property as well as potentially jeopardize US military readiness in the European theater. Based upon these facts, the Contracting Officer determined the procurement to be urgent and compelling. A sole source solicitation was immediately issued to the only known vendor capable of meeting the technical requirement in the required timeframe, Deichtec GmBH, who had all items in stock for delivery and installation within 30 days of award. Award was made on 30 May, with delivery and installation to be completed by 30 June 2019.

6. Efforts to Obtain Competition:

FAR 5.202(a) (2) allows for an exception from synopsis, however, a pre-solicitation notice was posted on FEDBIZOPS on 29 April 19 when the garrison identified the need as one of several possible measures to mitigate the risk of fire at Dulmen. During the 15-day posting period, RCO Benelux received no responses, nor inquiries in response to the notice.

7. Actions to Increase Competition

(a) The Mobile Fire Alarm and Detection System is a one-time buy and serves as an interim first-response solution, until the existing system is repaired and made fully operational. The full repair of the existing system is a part of several ongoing construction projects on site, scheduled for completion within 3-4 years.

(b) The Mobile Fire Alarm and Detection System has a 2-year warranty that covers repair and replacement of spare parts, thus the risk of additional modifications to the contract within this timeframe are considered minimal. Any repairs required to the mobile system beyond the warranty period but before the full repair to the existing system will be procured utilizing the Government Purchase Card (GPC), as any repairs needed are anticipated to be minor.

8. Market Research:

The following individuals conducted Market Research for a mobile fire alarm and detection system:

Dulmen (Requiring Activity) DSN 314-524-8942

(a) Market Research techniques included:

contacted knowledgeable people (Government and industry) in specific markets: Department of Regulatory Oversight/Certification of Fire Protection, Federal Agency for Infrastructure, Environmental Protection and Services of the German Armed Forces.

Conducted market surveys to obtain information from potential sources: Seventeen

(17) Identified sources were contacted.

Used Internet tools and performed Web searches:

Honeywell Notifier (https://www.notifier.de)

Siemens-Sinteso (www.siemens.com/sinteso)

Tyco Deutschland (https://www.tyco.de/)

Esser Honeywell (https://www.esser-systems.com/de )

ESB Security Solutions (https://wes-fire.de)

EPI Gmbh (epi-gmbh.de)

Ramtech (ramtech.co.uk)

CM Heim GmbH (https://www.cmheim.de/)

Hekatron (https://www.hekatron.de/)

Telenot (https://www.telenot.com/de)

Verband deutscher Sachversicherer(vds.de)

Bosch (www.boschsecurity.com)

Hertek (https://www.hertek.de/)

Fritz Massong GmbH (massong.com)

BuS www.bus-wuerzburg.de/) http://www.siemens.com/sinteso) http://www.tyco.de/) http://www.esser-systems.com/de http://www.cmheim.de/) http://www.hekatron.de/) http://www.telenot.com/de) http://www.hertek.de/) http://www.bus-wuerzburg.de/)

Gama Tronic (gama-tronik.de)

Reviewed catalogs and literature published by service providers: On the Web, as specified in the above paragraph.

(b) Market research results are as follows:

Four (4) sources identified did not have the technical capability required for this action because they were not familiar with mobile fire and detection system.

Seven (7) other sources identified did not have the technical capability for this action because their solutions included hard wired (as opposed to mobile) systems, partially hard wired systems, components only as an extension of an existing system, components that would require third party data line, and/or limited number of components available. Modifying the more common hardwired systems to a mobile radio-based solution was not feasible. Using hard wired systems would require substantial work effort for installation and cause delays with no guarantee of success.

Six (6) sources were identified as potentially technically capable because they offer an acceptable full mobile system. However, four (4) of them were not interested as they did not stock all the items. One (1) source could not immediately commit to the firm delivery date because they were not sure all items were readily available in stock. Only one (1) source could commit to the firm delivery date and had all items in stock.

9. Interested Sources: Not Applicable. See Paragraph 6 for the synopsis information.

10. Other Facts:

(a) This is a request for a one-time buy of a new mobile system and there is no evidence of procurement history on this action.

(b) This justification shall be redacted and posted in accordance with FAR 6.302-2 and FAR 6.305.

(c) The contractor was not SAM registered prior to the contract award, therefore an exception was granted in accordance with FAR 4.1102(a)(5).

11. Technical Certification: I certify that the supporting data under my cognizance, which are included in the justification, are accurate and complete to the best of my knowledge and belief.

12. Requirements Certification: I certify that the supporting data under my cognizance, which are included in the justification, are accurate and complete to the best of my knowledge and belief.

13. Fair and Reasonable Cost Determination: Based upon the information presented I hereby determine that the price to the Government for this contract action is fair and reasonable based primarily upon the elements of the Independent Government Estimate.

An extensive Market Research effort provided detailed knowledge of the mobile fire alarm and detection system requirements and formed the basis of the Independent Government Cost Estimate. The contract award price of

This determination will be made using the following: price analysis cost analysis IGCE audit other.

As a part of this basis, certified cost or pricing data is not required in accordance with FAR 15.403-1(b)(3) because the items being acquired are considered commercial.

NEWTON.GARY.P.112642

GARY P. NEWTON

Contracting Officer

Digitally signed by

NEWTON.GARY.P.1126429416

Date: 2019.06.28 13:18:22 +02'00'

14. Contracting Officer Certification: Based upon the information presented, and the certifications made, I certify that this justification is accurate and complete to the best of my knowledge and belief.

NEWTON.GARY.P.11264294

GARY P. NEWTON

Contracting Officer

Digitally signed by

NEWTON.GARY.P.1126429416

Date: 2019.06.28 13:18:33 +02'00'

Approval

Based on the foregoing justification, I hereby approve the procurement of a Mobile Fire Alarm and Detection System for the Army Pre-Positioning Stock (APS) Site 2 Dulmen on an urgent and compelling basis, in the amount pursuant to the authority of the Simplified Procedures for Certain Commercial Items, 41 U.S.C. 1901 as implemented by FAR Subpart 13.5 and provided that the supplies and the incidental services herein described have otherwise been authorized for acquisition.

Digitally signed by

HIPE.EILEEN.M.1231813051 HIPE.EILEEN.M.1231813051

Date: 2019.06.28 15:02:39 +02'00'

EILEEN M. HIPE

409th CSB Advocate for Competition