JA for Brand Names -Advantor Monaco Lochinvar-redo 18 Aug 20.pdf

Control No: W50S8Q-20-B-0004 Program/Equipment: WAAR152202 ADAL Buildings 151/119

Version – September 2018 FOR OFFICIAL USE ONLY

JUSTIFICATION REVIEW DOCUMENT

FAR PART 6 JUSTIFICATION AND APPROVAL FOR OTHER THAN

FULL AND OPEN COMPETITION

Program/Equipment: 178 CES requires Monaco fire alarm panels, Advantor security systems, and Lochinvar boilers for the project WAAR152202 ADAL Buildings 151/119 (CE & Comm).

Authority:

10 U.S.C. 2304(c)(1) as implemented by FAR Part 6.302-1 -- Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements.

Amount: $340K

Prepared by: Lt Col Michel D. Weitz DSN: 346.2366 Base Civil Engineer Date: 6 Aug 20 Email: michel.weitz@us.af.mil

Contracting Officer: Elaine Farabee DSN:

Contracting Officer Date:

Email:

Technical: Lt Col Michel D. Weitz DSN: 346.2366

Requirements: Lt Col Michel D. Weitz DSN: 346.2366

Reviews: I have reviewed this justification and find it adequate to support an exception to fair opportunity.

Legal Counsel:

Typed Name:

DSN:

Signature: ____________________ Date: ____________________

JUSTIFICATION REVIEW DOCUMENT

FAR PART 6 JUSTIFICATION AND APPROVAL FOR OTHER THAN

FULL AND OPEN COMPETITION

1. Contracting Activity: W50S8Q USPFO Ohio

2. Description of Action: 178th Civil Engineer Squadron requests a new firm fixed priced contract that specifies Monaco Fire Alarm Systems, Advantor Security Systems, and a Lochinvar boiler. The Government projects award for September 2020 and fiscal year 2020, O&M (SRM) funds will be used. ANG Minor Construction and Facilities Sustainment, Restoration, and Modernization (SRM) funds are appropriated for this action.

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).”

Elaine Farabee approved an acquisition plan in accordance with DFARS 207.103(d)(i)(B) on 15 May 2020.

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

3. Description of Supplies/Services: A construction contract for WAAR152202 ADAL B151/B119 at Springfield ANGB, Ohio, is required for renovation and addition to a facility. For the vast majority of this $5.6M contract, there are no brand name requirements. The exceptions are the fire alarm system (needs to be Monaco), the security system (needs to be Advantor), and the boiler (needs to be Lochinvar).

Period of Performance: 550 days Total Value: $5.6M (brand name justification and sole source aspect of is a consolidated price $340K)

4. Authority Cited:

10 U.S.C. 2304(c)(1), as implemented by FAR 6.302-1, Only one responsible source and no other supplies or services will satisfy agency requirements.

5. Reason for Authority Cited:

Monaco Fire Alarm Systems is the fire alarm system already on base, installed in all other buildings. Allowing a different brand would require a whole new/separate project to also install the necessary receiving station/control center and associated software, as well as create a need to have two different systems work together/communicate with each other. The estimate to purchase price of the equipment is $180,000 for this project.

FAR 6.302-1(c), an acquisition or portion of an acquisition that uses a brand-name description or other purchase description to specify a particular brand-name, product, or feature of a product, peculiar to one manufacturer does not provide for full and open competition, regardless of the number of sources solicited; and shall be justified and approved in accordance with FAR 6.303 and 6.304.

Advantor is the security system required by NGB/A4X for use on Air National Guard installations. The estimate to purchase price of the equipment is $129,000 for this project.

FAR 6.302-1(a)(2) When the supplies or services required by the agency are available from only one responsible source, or, for DoD, NASA, and the Coast Guard, from only one or a limited number of responsible sources, and no other type of supplies or services will satisfy agency requirements, full and open competition need not be provided for.

Lochinvar boilers are the only boilers the state maintenance work force is trained to perform maintenance on. A different brand would require extensive additional training and maintenance that the unit is unprepared to perform. Additionally, having a single boiler of a different brand would reduce the compatibility of available parts for boiler repair from other/older boilers on base, requiring the need to purchase parts specifically for just this one boiler. The estimate to purchase price of the equipment is $31,000 for this project.

FAR 6.302-1(c), an acquisition or portion of an acquisition that uses a brand-name description or other purchase description to specify a particular brand-name, product, or feature of a product, peculiar to one manufacturer does not provide for full and open competition, regardless of the number of sources solicited; and shall be justified and approved in accordance with FAR 6.303 and 6.304.

6. Efforts to Obtain Competition: The contractor/supplier is not specified, only the brand name for 3 items/systems among a large ($5.6M) repair project. The contractor who is awarded this construction contract is not required to source these items from any particular source, the only requirement is to obtain the specific brand. However, contractor/supplier is directed to select sole source supplier. Items relating to Advantor will be sole sourced with only Advantor, no other vendor is applicable to this requirement.

The Contracting Officer shall publish the notices required by FAR 5.201 and any bids or proposals received shall be considered.

The solicitation for the construction to will be a competitive Invitation for Bid (IFB) set aside for 8(a) small businesses. The brand name components represent a small portion, less than .06% of the overall construction project that is being competed.

7. Actions to Increase Competition: This J&A will be posted to beta.sam.gov with the Solicitation and potential suppliers may have the opportunity to propose compatible products for consideration.

8. Market Research:

The base wide security alarm alerting and reporting system at Springfield ANGB, OH is based on the Advantor brand alarm system. This system is also security system required by NGB/A4X for use on Air National Guard installations. There are no known alternative control systems that are fully compatible with this system. No additional market research was conducted for the Advantor Security Alarm System. This document will be posted to beta.sam.gov during the solicitation of the construction project.

Monaco Fire Alarm Systems is the fire alarm system already on base, installed in all other buildings. Allowing a different brand would require a whole new/separate project to also install the necessary receiving station/control center and associated software, as well as create a need to have two different systems work together/communicate with each other. No additional market research was conducted for the Monaco Fire Alarm Systems. This document will be posted to beta.sam.gov during the solicitation of the construction project.

Lochinvar boilers are the only boilers the state maintenance work force is trained to perform maintenance on. A different brand would require extensive additional training and maintenance that the unit is unprepared to perform. Additionally, having a single boiler of a different brand would reduce the compatibility of available parts for boiler repair from other/older boilers on base, requiring the need to purchase parts specifically for just this one boiler. No additional market research was conducted for the Lockinvar boilers. This document will be posted to beta.sam.gov during the solicitation of the construction project.

9. Interested Sources: To date, no other sources have written to express an interest.

There are no known alternative systems that are fully compatible with the aforementioned systems.

10. Other Facts: N/A

a. Procurement History:

Contract:

Contractor:

Award Date:

Competitive Status:

Authority

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: Michel D. Weitz Date:

Title: Base Civil Engineer 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: Michel D. Weitz Date:

Title: Base Civil Engineer 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. Cost concurrence completed by civil engineering, in coordination with the A&E developed cost estimate. There will be adequate piece competition for this project, including the specified items. As part of this basis, certified cost or price data will not be required, per exception in FAR 15.403(c)(1).

This determination will be made using the following: cost analysis price analysis should cost IGCE audit: BCE review of A&E developed cost estimate other: identify the methodology or combination of methodologies that will be used

As a part of this basis, certified cost or pricing data:

will be required.

will not be required and the following exception applies (FAR 15.403):

Prices that will be agreed upon are based on adequate price competition.

Prices that were established during the original competition that are not subject to negotiation.

Prices that will be agreed upon are based on prices set by law or regulation.

A commercial item is being acquired.

A waiver has been granted by the head of the contracting activity (HCA) in accordance with DFARS PGI 215.403-1.

The contract action is a modification to a contract or subcontract for commercial item(s).

The estimated cost of the contract action is less than the threshold for certified cost or pricing data.

Typed Name: 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.

Approval

Based on the foregoing justification, I hereby approve the procurement of Advantor for the estimated amount of $129,000; Monaco Fire Alarm Systems for the estimated amount of $180,000; Lochinvar boilers for the estimated amount of $31,000 on an other than full and open competition basis pursuant to the authority of 10 U.S.C. 2304(c)(1), as implemented by FAR 6.302-1, Only one responsible source and no other supplies or services will satisfy agency requirements, subject to availability of funds, and provided that the services or property herein described have otherwise been authorized for acquisition.