J A No. 2413 Ser AQ 7987 redacted.pdf

DEPARTMENT OF THE NAVY

NAVAL FACIUTIES ENGINEERING SYSTEMS COMMAND EUROPE AFRICA CENTRAL

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J&A No. 2413 Ser AQ/7987 September 5, 2024

JUSTIFICATION AND APPROVAL

FOR USE OF OTHER THAN FULL AND OPEN COMPETITION

- Contracline Activity.

Naval Facilities Engineering Systems Command (NAVFAC) Europe Africa Central (EURA FC ENT), Public Works Department (PWD), Rota

2. Description of the Action Bcim2 Approved.

This Justification and Approval (J&A) authorizes and approves the use ofa single manufacturer, Safespill Systems. LLC. (Safcspill) for any and all Ignitable Liquid Drainage Floor Assemblies (ILDFA) to be provided and installed under Contract N62470-21-D-001 1/Task Order N62470- 22 -F-9000 fbi' Project P-3 13, MH -60R Base Improvements, at Naval Station, Rota. Spain.

3. Description of Supplies/Services.

The intent of the modification is to have a Safespill ILDFA installed by Safespill throughout the hangar bay areas of the new P-3 13 MI-1-60R hangar. The new system will pro\nidlc new in -floor trenches in the hangar areas for the ILDFA system. a containment tank, an oil -water separator. a flushing tank, and all associated pumps, piping, po'er. and coniniunications for a complete and usable system.

ILDFA is a new technology that is an alternative to Aqueous Film Forming Foam (AFFF) fire suppression systems. ILDFAs are permitted by Interim Technical Guidance (JIG) FY23 -02. National Fire Protection Association (NFPA) 409 Standard on Aircraft Hangars.

and Factory Mutual Global (FM) for fire protection of aircraft hangars. as detailed further in Section 5 below.

Safespill is an extruded aluminum floor system with a perforated top surface that detects liquid and utilizes water to flush liquid spills away from aircraft and away from the hangar.

to prevent or extinguish a fire. It is an "environmentally safe'' alternative to AFFF because it utilizes water only. Flushed water and ignitable liquids arc directed to the oil/water separator system that processes a hangar's normal operational liquids.

The proposed modi hcation will require the construction contractor to specifically provide a Safespill ILDFA that will also he installed by SafeSpill. The total estimated cost of this

J&A No. 2413 SerAQ/7897 September 5, 2024

JUSTIFICATION AND APPROVAL

FOR USE OF OTHER THAN FULL AND OPEN COMPETITION

change is approximately $4,000,000, utilizing FY21 Military Construction Funds. The work under this modification is required to be completed within 300 days after award.

4. Statutory Authority Permitting Other Than Full and Open Competition.

10 U.S.C. 3204(a)(1), Only one responsible source and no other supplies or services will satisfy agency requirements.

5. Rationale Justifying Use of Cited Statutory Authority.

The awarded contract for P-3 13 MH-60R Base Improvement at NAVSTA Rota includes a requirement that the contractor provide an AFFF fuel fire suppression system. However, the National Defense Authorization Act for Fiscal Year 2020 (NDAA FY20) prohibits the use of AFFF as of 1 October 2024. Interim Technical Guidance (ITG) Fiscal Year 2023-02.1 -Navy and Marine Corps Facilities with AFFF Fire Suppression Systems permits the use of ILDFA or FFF as alternatives to AFFF.

The ILDFA is a new approach to address flammable liquid fuel fires in aircraft hangars as an alternative to traditional AFFF Fire Suppression Systems. The traditional aircraft fire protection approach uses a complex control system consisting of flame detectors that initiate the activation of a low level foam system. This control system frequently causes unwanted accidental system activation due to the complexity and high sustainment requirements that are not being met. These accidental system activations have cost the Navy millions of dollars in aircraft damage and environmental cleanup. Furthermore, these systems require costly water supply infrastructure, including water storage tanks, oversized water mains, and large fire pumps requiring significant sustainment.

Currently, ILDFA is the only alternative technology providing reliable aircraft protection with zero environmental impact that will also allow the Navy to comply with the NDAA FY2O's prohibition on traditional AFFF Fire Suppression Systems. Safespill is the only manufacturer that has a FM Approval, and approved for use in the aircraft hangars by NFPA 409. The SafespilllLDFA uses a passive containment system to contain and flush away any flammable liquid spill or fire. The system does not use any toxic foam chemicals. The system requires far less water infrastructure and less maintenance, resulting in lower sustainment costs and a more reliable system over time.

The following regulatory changes provide legal and technical justifications for the use of Safespill:

J&ANo. 2413 Ser AQ/7897 September 5, 2024

JUSTIFICATION AND APPROVAL

FOR USE OF OTHER THAN FULL AND OPEN COMPETITION

a. NDAA FY20 prohibits the purchase ofAFFF concentrate after 1 October 2023 and prohibits its use after 1 October 2024.

b. NFPA4O9, Standard on Aircraft Hangars, 2022 edition, §8.2.13.1 requires ILDFA to be "listed" and installed in accordance with manufacturer's instructions. "Listed" is an industry term referring to listing by Underwriters Laboratories (UL). In the fire protection industry, "FM Approval" is considered equivalent, and often more conservative, than a UL listing.

c. Factory Mutual Global Property Loss Prevention Data Sheet 7-93, Interim Revision July 2022, identifies Ignitable Liquid Drainage Floor Assemblies as an approved method for the protection of fueled aircraft.

d. Safespill has FM Approval in accordance with Factory Mutual Standard 6090, Approval Standard for Ignitable Liquid Drainage Floor Assemblies, May2017.

6. Description ofEfforts Made to Solicit Offers from as Many Offerors as Practicable.

In accordance with DFARS PGI 206.302-1, NAVFAC EURAFCENT posted a Source Sought Notice in SAM on August 5, 2024 requesting capabilities statements from firms that believed they had the capability to meet the salient characteristics ofthe ILDFA. Only Safespill responded. Safespill noted, and market research confirmed, that Safespill is the developer and sole provider of the ILDFA, and that Safespill has no distributors or licensed third party representatives. Safespill's preliminary proposal met all salient characteristics listed in the sources sought notice.

7. Determination ofFair and Reasonable Cost.

The Contracting Officer will determine if the prices for both the planned modification and the overall acquisition are fair and reasonable in accordance with FAR Part 15 prior to award of the modification. Cost analysis and price analysis techniques listed at FAR 15.404-1 will be utilized to determine that the price for this acquisition is fair and reasonable.

8. Actions to Remove Barriers to Future Competition.

For future projects, NAVFAC EURAFCENT will continue to conduct market research to determine whether other manufactures are producing ILDFA systems or to determine if other alternative products or technologies will meet the requirements.

J&ANo. 2413 Set AQ/7897 September 5, 2024

JUSTIFICATION AND APPROVAL

FOR USE OF OTHER THAN FULL AND OPEN COMPETITION

CERTIFICATIONS AND APPROVAL

TECHNICAL/REQUIREMENTS CERTIFICATION. I certify that the facts and representations under my cognizance which are included in this Justification and its supporting acquisition planning documents, except as noted herein are complete and accurate to the best ofmy knowledge and belief.

Technical Cognizance:

WOODJAMES.G Olgitallysigned by

REGORY..AMES.GREGORY¯

Date: 2024.09.54 12:38:42 +0200'

Signature

Requirements Cognizance:

Digitally signed by

ZUK.STEVEN.E*.sTEvEN.E.1 Date: 2024,09.0412:55:05

+0200'

Signature

James G. Wood, P.E. 727-1471 Name (Printed) Phone No. Date

Steven Zuk 626-5628

Name (Printed) Phone No. Date

LEGAL SUFFICIENCY REVIEW. I have determined this Justification is legally sufficient.

DIgitally signed by BOLIN.KEVlN.E.

2024.og.04

13:31:11 +0200' Kevin E. Bolin 626-2275 Name (Printed) Phone NoSignature Date

CONTRACTING OFFICER CERTIFICATION. I certify that this Justification is accurate and complete to the best of my knowledge and belief.

Digitally ,lned byHEPLERWILLIAM.

HEPLER.WILLIAMJOHS.*JOHN.

William J. Repler4 +0200'

Name (Printed)Signature 727-1095 Phone No. Date

J&A No. 2413 Ser AQ/7897 September 5. 2024

JUSTIFICATION AND APPROVAL

FOR USE OF OTHER THAN FULL AND OPEN COMPETITION

ECHELON IV COMMANDING OFFICER APPROVAL. Upon the basis of the above justification. I hercby approve, as Echelon IV Commanding Officer, the solicitation of the proposed procurement(s) described herein using other than full and open competition. pursuant to the authority of 10 U.S.C. 3204(a)( 1). only one responsible source and no other supplicrs aiicl scriccs-wi I 1-saisf aiicyrcquirenients.

/ -CAPT Rdae1 A Mu unda 626 7700 o.5't r

Name (Printed) Phone No. Date

I'age 5 of 5