G-20-J-011 Fire Ext Systems Maint Graf Vils Garm.pdf

Control No: G-20-J-011

Memorandum for Record – Limiting Competition at or below the Simplified Acquisition Threshold

1. Contracting Activity: RCO Bavaria.

2. Description of Action: Request to initiate/award a Purchase Order for the maintenance and inspection of fire sprinkler systems to a specific contractor for the reasons stated under Paragraph 5 and Paragraph 8.

Nature: New Requirement Follow-on Requirement

Contract Vehicle: Purchase Order

Blanket Purchase Agreement (BPA) Number _______________ Order/BPA# _______ against FSS Contract #_____ _________ Order #___________ against Multiple Award IDIQ Contract Name or

Order against a single award IDC Contract # ____________________ Modification # _______ to existing PO/TO/DO/Call Order

Pricing/Contract Type: Fixed Price Time & Materials/Labor Hours Cost Reimbursable Hybrid

Funds: Operations & Maintenance, Army (OMA) Other Funds: _AFH FY: 20 Total Value: $ 231,154.07

Name of Proposed Contractor(s) and Address:

MINIMAX GMBH & CO KG

THOMAS-MANN-STR. 50

90471 NUERNBERG

POC: Michael Kraemer, Head of Service Tel.: +49-011 45002-31 Mail: KraemerM@minimax.de

Brand Name Buy: Yes No

3. Description of Services or Supplies:

The service asked for, includes the monthly mandatory inspection, maintenance and testing of fire sprinkler systems at USAG Bavaria Rose Barracks IAW the pertaining regulations i.e. NFPA25, Bavarian Construction Ordinance and L/H/S Regulations.

Services are required for a period of six (6) month starting May 2020.

After that period the requested services will be covered under a new contract.

Period of Performance: May 2020 to 31 October 2020

4. Authority:

FAR 13.106-1(b)(1): For purchases not exceeding the simplified acquisition threshold (SAT), only one source reasonably available, urgency, exclusive licensing agreements, brand name, or industrial mobilization.

5. Reasons for Authority Cited:

Subject contract includes the maintenance, inspection and repair of fire extinguishing systems which covers monthly, semi-annually, annually safety inspection, on-call services and repair work, however, the mandatory monthly inspection of the sprinkler systems at Rose Barracks Vilseck, Tower Barracks Grafenwoehr and Garmisch was not under subject contract. These inspections of the sprinkler systems (OMA & AFH) have been performed by in-house technical personnel. MINIMAX is the manufacturer of these fire extinguishing systems.

Actual situation: DPW, Utilities Branch, Rose Barracks, Tower Barracks and Garmisch asks for assistance and immediate help.

All certified in-house team members, who performed the monthly inspection in the past, applied for other position, got a job at the local market or retired.

Some position were shifted to other TDA Paragraphs, others were and no more refilled anymore. For this reason the monthly inspections need to be accomplished by contract.

The semi-annual maintenance at all communities as well as the monthly inspections at Hohenfels are already performed under above mentioned contract, thus, it would make sense to award the requested PO to the same contractor firm Minimax.

Minimax was asked and provided a cost estimate for the monthly services. The cost estimate was reviewed by our in-house technical staff and found fair and reasonable so far.

If the sprinkler systems are not continuously inspected the proper function of the fire extinguishing systems is not guaranteed in case of any emergency/fire. Non-operational sprinkler are a danger to life.

6. Publicizing Contract Actions: For FAR Part 13 actions, the public display and synopsis requirements of FAR 5.101 and FAR 5.203 do not apply due to the $ threshold, apply and will be followed, or do not apply due to an exception at 5.202 ______________________.

Requirement to post justification in accordance with FAR 8.405-6(b)(3), FAR 13.105(c), or FAR 16.505(a)(4)(iii)(A)

Action is NOT a brand name restriction and is under $150K, no posting required Action is a brand name restriction, under $25K, no posting required Action is a brand name restriction, over $25K. It will be redacted and posted with the solicitation.

Action is a brand name restriction over $25K but will not be posted due to exception:

FAR 6.305(f) FAR 8.405-6(b)(3)(iii)(A)

FAR 8.405-6(b)(3)(iii)(B) FAR 8.405-6(b)(3)(iii)(C) FAR 16.505(a)(4)(iii(C)

7. Market Research:

Market Research has been conducted with firm Minimax and firm Gamatronic.

Firm Minimax provided a cost estimate as stated above.

Firm Gamatronic did not provide a cost estimate with the explanation that Minimax is the present contract holder who already performs the semi-annually inspections and it would make no sense, if a different contractor would be accomplishing the monthly inspections.

I found this a fair statement and argument from Gamatronic. Gamatronic was the contractor for the fire extinguishing systems before FY17, when Minimax came on board.

8. Other Facts:

With exception of an enormous workload for the modification of the existing contract (Basic Year, 1st OY, 2nd OY, Clins and Elins) or the use of a sole source in the end, the result would be the same. In addition, the monthly inspections at Rose Barracks, Tower Barracks and Garmisch were not subject of the basic Scope of work.

Furthermore, the new contract for the maintenance, inspection and repair for USAG Bavaria Communities with the scheduled start date 01 April 2020 is still under RCO legal review. Thus, there is no other option than a bridge contract to cover the period until the final award of a new contract.

9. Technical/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.

Typed Name: Meier Reinhold Date: March 23, 2020 Title: Supervisory Procurement Assistant, COR Signature:

10. Legal Counsel:

Typed Name: Kris Gawin

DSN: 314 542 6910

Signature:

Date: 04/17/2020

11. Contracting Officer Certification/Approval:

I hereby determine that the anticipated cost or price to the Government for this contract action will be fair and reasonable based upon prize analysis.

I certify that this justification is accurate and complete to the best of my knowledge and belief, and that completing this purchase as a sole source is in the best interest of the Government. Additionally, I approve this justification to limit competition subject to the availability of funds and provided that the services or supplies herein described have otherwise been authorized for acquisition.

Typed Name:

Date:

Title:

Signature:

April 17, 2020