JA (Air Cooled Chiller) Maxwell AFB B.1455 Nose Bay Hangar Reno_Redacted.pdf

Control Number: LR

JUSTIFICATION AND APPROVAL (J&A)

FOR OTHER THAN FULL AND OPEN COMPETITION

1. Contracting Agency: USACE Louisville District

2. Description of the Action: This justification and approval (J&A) is being prepared for the use of a brand name item, Trane CGAm 40T-XE chillers, in a contract to renovate the existing Maxwell AFB B1455 Hangar facility to house the MH-139 simulator mission. The project includes two (2) operational flight trainers (OFTs), one Integrated Aircrew Systems Trainer (IAST), one Alternate Insertion Extraction Part-Task Trainer (AIE-PTT), one Cockpit Procedural Trainer (CPT), one Weapons Procedural Trainer (WPT) as well as associate planning rooms, classrooms and administrative spaces. This project will facilitate critical training needed to fly the projected aircraft and programmed flight training. The firm-fixed-price construction project is funded with Air Force Reserve Military Construction (MILCON) funds. The government will not purchase the Trane equipment directly, instead brand name specifications will be included in the design bid build solicitation that will lead to a new firm fixed price construction contract.

3. Description of Supplies/Services or Nature of Construction: The construction contract requires the construction of a new one-story, 18,170 sf, steel structure to house two, new flight simulators and associated devices for the training of US Air Force flight crews. The contract will also include associated site work and utility infrastructure upgrades to support the new facility. Substantial completion of the construction is expected by May 2023. This Trane CGAm 40T-XE is to be a new sole source and brand name requirement for the chiller specification in the solicitation for the Repair Aircraft Maintenance B1455 for MH-139 Bed-Down project at Maxwell AFB, AL. The estimated cost for the building level network controller system is

4. Authority Cited: 10 United States Code (U.S.C.) 2304(c)(1), as implemented by Federal Acquisition Regulation (FAR) 6.302-1(a)(2) “Only One Responsible Source and No Other Supplies of Services Will Satisfy Agency Requirements.” This authority is applicable to brand name justifications in accordance with FAR 6.302-1(c)(1).

5. Reason for Authority Cited:

a. Background. As described in FAR 6.302-1(a)(2), when supplies or services required by the agency are available only from one responsible source and no other types of supplies or services will satisfy agency requirements, full and open competition need not be provided for.

This J&A applies that “Only One Responsible Source” authority using the application of FAR 6.302-1(b)(4), which states that “[w]hen the agency head has determined in accordance with the agency’s standardization program that only specified makes and models of technical equipment and parts will satisfy the agency’s needs for additional units or replacement items, and only one source is available.”

b. Justification.

1) FAR 6.302-1(b)(4) permits use of the Only One Responsible Source authority when the agency head has determined in accordance with the agency's standardization program that only specified makes and models of technical equipment and parts will satisfy the agency's needs for additional units or replacement items, and only one source is available.

2) In a memorandum signed on 22 June 2017, the Under Secretary of the Air Force appointed the Deputy under Secretary of the Air Force, Management and Deputy Chief Management Officer as the AF Category Management Accountable Official. On 14 July 2017, the Deputy under Secretary of the Air Force, Management and Deputy Chief Management Officer, appointed the Civil Engineer Center Director (AFCEC/CL) as the Air Force Category Manager for the Facilities and Construction Category. On 16 May 2019, the AFCEC/CL directed the mandatory standardization of HVAC chiller systems and delegated manufacturer selection to the AFCEC Operations Director (AFCEC/CO).

3) On 3 May 2019, the AFCEC/CO executed a memorandum, Subject: HVAC Chiller System Standardization, Single Manufacturer Selection, which set forth the AFCEC/CL intent to standardize HVAC chiller systems to a single manufacturer at the installation level. The memorandum explained that standardization of all HVAC chiller systems allows the Air Force to significantly reduce the total cost of ownership which includes the initial procurement, subsequent maintenance, and associated training costs to operate the system over its lifecycle. The memorandum went on to provide guidance for the evaluation, recommendation, and subsequent approval of a single manufacturer for HVAC chiller systems at each installation and stated that Base Civil Engineers (BCEs) were to request and provide justification for the recommended single HVAC chiller manufacturer. The memorandum concluded with a requirement to repeat the analysis after five years from the date of AFCEC/CO approval for a single manufacturer. The purpose of this secondary analysis is to document the installation's progress in standardizing HVAC chiller systems, consider any changes in the decision facts, and confirm no external factors exist that may drive a reconsideration of the approved single manufacturer.

4) On 10 May 2019, the AFCEC/CL signed a memorandum, Subject: Mandatory Standardization of HVAC Chiller Systems. The memorandum directed the mandatory standardization of HVAC chiller systems to a single manufacturer at the installation level and reiterated the process laid out in the above referenced 3 May 2019 guidance. The memorandum also delegated the AFCEC/CL’s approval authority to the AFCEC/CO for the selection of a single manufacturer for HVAC chiller systems.

5) On 7 August 2019, the Assistant Secretary of the Air Force (Acquisition, Technology & Logistics) signed a Class J&A covering all USAF HVAC chiller purchases through 30 September 2024. The J&A identified a number of brand name HVAC chillers which may be procured.

6) This selection, supported by the other memorandums summarized above, satisfies the FAR 6.302-1(b)(4) application of the ‘Only One Responsible Source authority,’ as the Government has determined in accordance with the agency's standardization program that only the Trane equipment will satisfy the agency's needs for additional units or replacement items, and only one source is available.

6. Efforts to Obtain Competition. No efforts were taken to obtain competition because as discussed in paragraph 5 above, all renovation and new projects at Maxwell AFB must be completed in accordance with Attachment 2. Thus, the only chiller that will satisfy the agency’s needs is manufactured by Trane.

7. Actions to Increase Competition: This J&A supports a discrete requirement that will end when the project is complete. Therefore, there are no planned actions to increase competition for the requirement covered by this J&A.

8. Market Research: Market Research on the brand name portion of the procurement was not conducted for the reasons cited above.

9. Interested Sources: There were no responses to the NOI posting. The solicitation will be synopsized in accordance with FAR 5.201, and responses will be evaluated per FAR Part 15.

10. Other Factors: None.

11. Technical Certification

12. Requirements Certification

13. Contracting Officer Certification and Fair and Reasonable Price Determination

14. Legal Review and Concurrence: