N40080-24-JA-011_Redacted.pdf

DEPARTMENT OF THE NAVY

NAVAL FACILITIES ENGINEERING SYSTEMS COMMAND, WASHINGTON

1314 HARWOOD ST, BLDG 212, WASHINGTON NAVY YARD, DC 20374

J&A No. N40080-24-J&A-011

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION COOPER

MECHANICAL CONSTRUCTION

1. CONTRACTING ORGANIZATION

The requiring activity is Naval Facilities Engineering Systems Command (NAVFAC), Washington, District of Columbia (DC).

2. DESCRIPTION OF ACTION BEING APPROVED

This J&A seeks approval to award a sole source construction contract to Cooper Mechanical Construction (CMC) to perform installation services of Solberg® fluorine-free foam (SFFF) suppression system at the Hangar 21 at Joint Base Andrews.

3. DESCRIPTION OF THE SUPPLIES/SERVICES

This project concerns the renovation of existing fire suppression at Hangar 21 at Joint Base Andrews. It is proposed to retrofit the existing system to utilize Solberg 3% MIL-SPEC synthetic fluorine free foam (SFFF) in lieu of the existing AFFF to bring the system into compliance with military specification standards. Since the suppression system was designed for AFFF, the existing discharge nozzles are only specific to AFFF and are not backward compatible with MIL-SPEC SFFF. The proposed modification cannot effectively suppress a fire without replacing the trench nozzle deflectors with GN202 upgrade kit.

As such, the Government will also need to replace and test new nozzles.

The services to be provided by CMC include, but are not limited to:

- Provide and install approximately 132 Viking GN202 grate nozzle upgrade kits.

- Provide approximately 6,000 gallons of Solberg ® 3% MIL-spec SFFF concentrate.

- Fill the existing empty atmospheric foam tanks with the new foam concentrate.

- Empty and dispose of the empty totes for the SFFF concentrate.

- Dispose of the 132 removed Viking GN200 grate nozzles.

The estimated value of the work as outlined above is to be funded by FY24 Military Construction, Air Force (MCAF) funds. The work is expected to be complete by March 2025.

4. STATUARY AUTHORITY PERMITTING OTHER THAN FULL & OPEN COMPETITION

This J&A seeks approval under the authority of 10 U.S.C. §3204(a)(2), implemented at FAR 6.302-2, Unusual and Compelling Urgency.

5. RATIONALE JUSTIFYING USE OF CITED STATUTORY AUTHORITY

that will serve in the Air Force One role for transportation or emergency deployment in support of critical national defense missions. This hangar is critical to national security operations. Additionally, approximately 1/3 of this hangar is administrative space that houses daily employees of both the Marine Corps and Navy in support of presidential operations. This hangar was designed and constructed utilizing an Aqueous Film Forming Foam (AFFF) fire suppression which is a fire suppressant used to extinguish flammable liquid fires such as fuel fires. During the construction process, U.S. Congress approved the 2020 National Defense Authorization Act (NDAA) to prohibit the use of Aqueous Film-Forming Foam (AFFF) after October 1, 2024. . As a result, the hangar will need a functioning fire suppression system to be a complete and usable building. While the government was certain on the stop of usage of the foam, it took industry several years to develop and test a new foam that could be installed in water distribution systems designed for AFFF chemical. By the time this occurred, the government had taken beneficial occupancy of the complex and needed aircraft fire protection system for the safety of the persons and aircraft in the hangar bays. This particular chemical has been approved by the government for use in the specific kind of system installed with minor drop in nozzle replacements and no other major modifications. The supported command has been occupying the building for almost a year now and is desperate to be able to use the hangar bay as intended. . Hangar 21 now has an urgent and compelling need to bring the existing Fire Suppression System (FSS) to full operational capability.

The Department of Defense has been using foam fire suppression systems for over decades, however, there has yet to be a Navy or Air Force system with Synthetic Florine Free Foam (SF3). Aircraft fire suppression systems are performance based systems requiring specific water flow, timing and coverage to be verified by private testing. As a result, the work to install and test aircraft fuel fire suppression systems is very specialized.

The Government has received an unsolicited proposal from Cooper Mechanical Construction (CMC) which demonstrates that they have done such replacement work before and that they can do so quickly and efficiently. Market research further determined that CMC is the only source capable of performing the required work. However, this will be the first time the Navy or Air Force will be performing this task.

Also, the enormity of the mission, the importance of this supported command and the fact this is the only building and aircraft asset of its kind, meant that experience increases confidence of successful performance. This particular sole source will also use highly specialized nozzles to distribute the foam wherein CMC possesses prior experience in converting/upgrading Viking GN200 to GN202 grate nozzles. Furthermore, CMC has previously performed very similar work for NAVFAC and Air Force projects including fluorine free foam (FFF) and AFFF retrofits with successful results; including acceptance testing at all desired levels. The Hangar 21 Designer of Record confirmed positive experiences working with this firm on projects similar in scope and complexity.

The Government requests authority under unusual and compelling conditions to sole source to CMC. The Government notes the critical risk the lack of a complete and functioning aircraft fuel fire suppression system in the Hangar 21 hangar bays pose. The hangar complex and aircrafts are one of a kind assets with high importance to national missions. Each day that this system remains inactive puts not only the occupants of Hangar 21, but all singular national security aircraft assets, all personnel concerning the maintenance of these systems, and surrounding site areas at detrimental risk from uncontrolled aircraft fuel fire. Additionally, should the existing fire protection system have to be used prior to its conversion, it would not effectively extinguish fuel fires as it has water only in the system and thus this could cause a effort to bring the hangar into compliance. Hangar 21 plays a vital role in national security, and it is critical that the systems within are operational, within code, and free from any harmful defects. Due to the unpredictable nature of the severity of fuel fires, the financial harm the Government could experience from a system incapable of extinguishing, could range from costs in the millions for minor facility/equipment repairs to costs in the hundreds of millions for Renovation of the Hangar facility and repair and replacement of major aircraft equipment. Delay in making the installed foam fire suppression complete and usable with an environmentally compliant foam and distribution system that meets MILSPEC performance requirements would result in serious injury, both financial and other, to the Government.

6. DESCRIPTION OF EFFORTS MADE TO SOLICT OFFERS FROM AS MANY OFFERORS

AS PRACTICAL

Per FAR 5.202, The Government was not required to make notice of this proposed action. However, the Government concurrently posted a special Sources Sought notice to SAM.gov on 07 June 2024 seeking to gauge capable firms to meet the specific project requirements. NAVFAC Washington queried the general construction industry under NAICS 922160 for capabilities. Specifically, that the Government is in need of experience with SFFF material conformant to the DOD Quality Product List (QPL) as published by NAVSEA and Military Specification for SFFF, in conjunction with nozzles capable of appropriately processing that material. This MILSPEC requirement is relatively new with few projects available to reference that incorporate these requirements. NAVFAC Washington received zero (0) responses to the sources sought notice.

7. DETERMINATION OF FAIR AND REASONABLE COSTS

The Contracting Officer has determined the anticipated cost to the Government of the supplies/services covered by this J&A will be fair and reasonable.

8. ACTIONS TO REMOVE BARRIERS TO FUTURE COMPETITION

For the reasons set forth in paragraph 5, NAVFAC Washington does not anticipate competition for future requirements that may stem off of the fire suppression conversion on Joint Base Andrews. This is a single stage installation in which there should be no future competition, however, should additional requirements become known, the Government will query industry for any firms capable of performing the work and continually assess whether competition is feasible.

CERTIFICATIONS AND APPROVAL

TECHNICAL/REQUIREMENTS/FUNCTIONAL LEAD 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 of my knowledge and belief.

Technical Cognizance:

Signature Name (Print) Date

LEGAL SUFFICIENCY REVIEW

I have determined this Justification is legally sufficient.

Signature Name (Printed) Date

CONTRACTING OFFICER CERTIFICATION

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

ECH I CHIEF OF CONTRACTING OFFICE APPROVAL

Upon the basis of the above justification, I hereby approve, as Chief of Contracting Office, 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)(2)- Unusual and Compelling Urgency.