J&A-_Fire_Alarm_Software_Maintenance_-_18_June_2019_redacted.pdf

Version – March 2017 FOR OFFICIAL USE ONLY

Tracking Number: 2019-007-1

JUSTIFICATION REVIEW DOCUMENT

FAR SUBPART 13.5 SIMPLIFIED PROCEDURES FOR CERTAIN COMMERCIAL

ITEMS – SOLE SOURCE JUSTIFICATION AND APPROVAL

Program/Equipment: Maintenance of Software of the Centralized Fire Alarm System at Caserma Ederle and Caserma Del Din, Vicenza, Italy.

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

Amount: Approximately $650,617.57 and $102,540.20 for FAR 52.217-8 Option to Extend Services (6-month extension).

Prepared by: Chiara Dalla Vecchia DSN: 637-8219

Procurement Tech. DPW/OMD Date: 15 Jan 2019 Email: chiara.dallavecchia2.ln@mail.mil

Contracting Officer: Lindsay Jaime DSN: 637-7425

Contracting Officer RCO Italy 414th CSB Date:

Email: lindsay.r.jaime.civ.@mail.mil

Technical: Maximiliano Faccio DSN: 637-8867

C.O.R DPW/OMD Date: 15 Jan 2019 Email: maximiliano.n.faccio.ln@mail.mil

Requirements: Charles B. Kruse DSN: 646-2602

Email: charles.b.kruse2.civ@mail.mil Date: 15 Jan 2019

Reviews: I have reviewed this justification and find it adequate to support sole source.

Program Manager: Charles B. Kruse; DSN: 646-2602 mailto:chiara.dallavecchia2.ln@mail.mil mailto:lindsay.r.jaime.civ.@mail.mil mailto:maximiliano.n.faccio.ln@mail.mil

FAR Subpart 13.5 Simplified Procedures for Certain Commercial Items

Sole Source Justification and Approval

1. Contracting Activity: 414th CSB RCO Italy - Unit 31401 Box 33 APO, AE 09630

2. Description of Action: USAG ITALY DPW O&M Division requests a Hybrid Firm Fixed-Price contract with Time and Material / Labor Hour Contract Line Items service contract with ELPRO i.c.a. The Government anticipates award for July 2019 and fiscal year 2019, funds type Operations and Maintenance funds will be used.

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).

3. Description of Supplies/Services: The requirement is for software maintenance for the fire suppression/alarm systems located at Caserma Ederle, Villaggio, Torri di Quartesolo, Lerino, ASA#7 Tormeno and Del Din, Vicenza, Italy.

Procurement History:

In 2016 Contract#W912PF-16-P-0075 “Software maintenance of the fire alarm system” was awarded to Elpro i.c.a. with a sole source justification in combination to the “Testing and Inspection of fire alarm system” and the “Repair of fire alarm system”.

Current request is to award the follow-on contract starting 16 September 2019 for one base Year plus two options.

Software maintenance for the fire alarm systems may always be sole source due to the proprietary nature of the software.

Base Period: 16 Sept 2019 to 15 Sept 2020; Value: $ 240,456.77 Option Period 1: 16 Sept 2020 to 15 Sept 2021; Value: $ 205,080.40 Option Period 2: 16 Sept 2021 to 15 Sept 2022; Value: $ 205,080.40

Total Independent Government Cost Estimate (IGCE): $ 650,617.57 FAR 52.217-8 (6-month extension): $102,540.20 Total IGCE including the 6-month extension: $753,157.77

4. Authority Cited: Simplified Procedures for Certain Commercial Items, 41 U.S.C.

1901 (or 41 U.S.C. 1903 for Special Emergency Procurement) as implemented by FAR Subpart 13.5:

___ Unusual and compelling urgency _X_ Exclusive licensing agreements

___ Industrial mobilization ___ Other:

5. Reason for Authority Cited: The fire alarm system installation at Caserma Ederle, was completed incrementally by building. The Government obtained user licenses for the two software utilized by the fire alarm systems. The software utilized in Caserma Ederle and several areas is the Notifier Software by Elpro I.C.A, and the software utilized in Del Din is the Tyco monitoring system by Tyco. The Government cannot repair nor make changes to the software.

Only Elpro i.c.a. and Tyco have the capability to work with the software. Elpro i.c.a.

made an agreement with Tyco to get the capability to accomplish level 1 technical support for Tyco software in Del Din.

No other companies own the license or have access to both systems like Elpro i.c.a.

and Tyco do. These firms can provide the requested maintenance and upgrade support of the fire suppression mass notification system. If competed differently, both military Bases would require installation of a new system.

Additionally, this action will maintain compliance with both Italian and U.S. Laws and regulations regarding Fire Protection.

6. Efforts to Obtain Competition: In accordance with FAR 5.202(a)(12), this action will not be synopsized.

7. Actions to Increase Competition: Due to the nature of proprietary software procurements, no action could reasonably be taken to increase competition.

8. Market Research: At the moment and with the current contract in place, Elpro i.c.a is the company that can manage in a satisfactory manner the maintenance of the software in both locations in Vicenza.

9. Interested Sources: See Paragraph 6 for the synopsis information.

10. Other Facts: The J&A Sole source from the previous contract, W912PF-16-P- 0075, was approved on 29 August 2016 under Simplified Procedures for Certain Commercial Items, 41 U.S.C. 1901 as implemented by FAR Subpart 13.5.

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.

Typed Name: Maximiliano Faccio Date:

Title: C.O.R. DPW/O&MD Signature:

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.

Typed Name: Charles B. Kruse Date: Title: Chief Engineering Division, Deputy Director of Public Works Signature:

13. Fair and Reasonable Cost Determination: I hereby determine that the anticipated cost or price to the Government for this contract action will be fair and reasonable. Fair and reasonable pricing will be determined in accordance with FAR 13.106-3(a)(2).

This determination will be made using the following:

X _ price analysis ____ cost analysis

____ IGCE

____ Audit:

____ Other:

As a part of this basis, certified cost or pricing data is not required because the item and/or services being acquired are considered commercial.

Typed Name: Lindsay Jaime Date: Title: Contracting Officer Signature:

14. Contracting Officer Certification: I certify that this justification is accurate and complete to the best of my knowledge and belief.

Typed Name: Lindsay Jaime Date:

Title: Contracting Officer Signature:

Approval Based on the foregoing justification, I hereby approve the procurement of Maintenance of Software of the Centralized Fire Alarm System at Caserma Ederle and Caserma Del Din, Vicenza, Italy on a sole source basis pursuant to the authority of the Simplified Procedures for Certain Commercial Items, 41 U.S.C. 1901 as implemented by FAR Subpart 13.5, subject to availability of funds, and provided that the services or supplies herein described have otherwise been authorized for acquisition.

TYPED NAME: Michael Patterson Date:

Special Advocate for Competition Signature:

X Right-Click "Signature Setup"