Amendment 0009 - JA ML-25-13 P226 Fire Protection Redacted.pdf

DEPARTMENT OF THE NAVY

NAVAL FACILITIES ENGINEERING SYSTEMS COMMAND, MID-ATLANTIC

9324 VIRGINIA AVENUE

NORFOLK, VIRGINIA 23511-3095

J&A No. ML-2

JUSTIFICATION AND APPROVAL

FOR USE OF OTHER THAN FULL AND OPEN COMPETITION

1. Contracting Activity.

The contracting activity is Naval Facilities Engineering Systems Command, Mid-Atlantic

(NAVFAC MIDLANT).

2. Description of the Action Being Approved.

The Government seeks to limit competition by using brand names and restrictive specifications to standardize the Facility Related Control Systems (FRCS) as part of a project to construct a new Marine Aviation Logistics Squadron 14 (MALS-14) engine maintenance facility, a new Marine Aircraft Group 14 (MAG-14) Headquarters building at Marine Corps Air Station (MCAS) Cherry Point, North Carolina. This Justification and Approval (J&A) seeks to use restrictive specifications and brand names to limit competition to the following network controls that are compatible to the existing Authority to Operation (ATO) FRCS system: BOSCH B465v2 Universal Dual path Communicator.

3. Description of Supplies/Services.

The facilities associated with this project are required to have a fire alarm reporting system that is compatible with the existing MCAS Cherry Point base-wide fire reporting alarm system to successfully transmit required fire alarm signals to the Dispatch Center for fire emergency response. The intent of the underlying solicitation N4008524R2531 for P226 Maintenance Facility and Marine Air Group Headquarters to construct a new MALS-14 engine maintenance facility, a new MAG-14 Headquarters building with Night Imaging Threat Evaluation (NITE) lab facility and provide full renovations to existing Building 3916 Aircraft Armament shop, including an addition. The work includes the construction of two (2) new buildings, and the renovation and addition to a third building at MCAS Cherry Point in Havelock, North Carolina.

This procurement will result in a firm-fixed price construction contract.

The existing base-wide fire alarm reporting system is a Fiber Network reporting system. In order for the new non-proprietary Fire Alarm Control Panel (FACP), being provided under this contract, to function with the existing base-wide fire reporting system only the specified “Bosch B465v2 Universal Dual path Communicator” is required to provide this interface and communications from the new facilities to the existing base-wide fire reporting system. This action is required in accordance with UFC 3-600-01 “Fire Protection Engineering for Facilities” Chapter 9 Section 18.3 Fire Alarm Reporting System.

The estimated value of the brand name supply that is the subject of this J&A is (approximately of the estimated contract cost). The project will be funded by FY24 Military Construction (MILCON) funds for construction. The work under this contract is required to be completed within 1,095 days after award.

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

The statutory authority for this acquisition permitting other than full and open competition is 10 U.S.C. 3204(a)(1) which permits the use of limited suppliers when it is essential to the Government’s requirements, as implemented by FAR 6.302-1, Only one responsible source and no other supplies or services will satisfy agency requirements.

5. Rationale Justifying Use of Cited Statutory Authority.

Alarm, supervisory, and trouble signals shall be transmitted to the Marine Corps Air Station Cherry Point base fire department by way of a single mode fiber network. The transmitter in leach facility; BOSCH B465v2 Universal Dual path Communicator; must be compatible with this fire alarm reporting system and must maintain that interface. The possibility of potential notification errors to the fire department is an unacceptable risk and would result in unnecessary imminent danger to building occupants and property. As such, it is necessary to include this specific equipment in this procurement. If another system were installed through this contract, personnel would need to be trained on an additional system, which could lead to potential for confusion with the two systems, inappropriate alarms or disconnection of systems, etc., as a result of having multiple systems. Building fire alarm and integrated mass notification systems must be designed and installed to meet UFC 3-600-01 Fire Protection Engineering, UFC 4-021- 01 Mass Notification System, and NFPA 72 National Fire Alarm Code requirements. These communication controls are necessary to communicate with the existing central reporting station.

The Fiber Network BOSCH B465v2 Universal Dual path Communicator is compatible with other manufacturer’s FACP.

Bosch B465v2 Dual Path Communicator is the only product that will be able to properly communicate with the existing base wide fire reporting system. The specifications for the remainder of the FACP work in the solicitation is non-proprietary and offer only salient characteristics. If another device is provided, it would not work with the existing fire reporting system. Use of alternate devices would require all 500 building’s existing FACPs to be equipped with these devices along with providing a compatible replacement of the base wide fire reporting system. If the Government were to replace all Bosch equipment to another system, the expected cost to upgrade the existing FACPs and provide a new fire reporting system, which includes only the communication systems and does not include the head systems, is approximately (price per building is for 500 buildings with FACPs locations). The equipment requested is valued at

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

A sources sought notice was published on 14 December 2023 and yielded zero (0) responses.

The notice closed on 28 December 2023. The solicitation will be publicized on SAM.gov, in accordance with the requirements of FAR Part 5. The approved J&A will also be made publicly available as required by FAR 6.305.

7. Determination of Fair and Reasonable Cost.

The Contracting Officer will determine that the price for this acquisition is fair and reasonable in accordance with FAR Part 15 prior to contract award. Analysis will be performed by one or more of the following techniques: (1) Comparison of proposed prices received in response to the RFP;

(2) Comparison of proposed prices with the Independent Government Cost Estimate (IGCE); (3) Comparison of proposed prices with available historical information; and/or (4) Comparison of market survey results. The fair and reasonable determination will be made based on the total price of the project. These brand name items are not individual line-item prices in the solicitation.

8. Actions to Remove Barriers to Future Competition

For the reasons set forth in Paragraph 5, this is a one-time exception to full and open competition. There are no plans at this time to compete future contracts for the supply covered by this document. If another potential source emerges, NAVFAC Mid-Atlantic will assess whether competition for future requirements is feasible.

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 of my knowledge and belief.

Technical and Requirements Cognizance:

LEGAL SUFFICIENCY REVIEW

I have determined this Justification is legally sufficient.

CONTRACTING OFFICER CERTIFICATION

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

ECHELON IV CHIEF OF THE CONTRACTING OFFICE CERTIFICATION

APPROVING OFFICIAL: (NPGI 6.304(a)) Upon the basis of the above Justification, I hereby approve the use of the brand name items in the subject solicitation described herein using other than full and open competition, pursuant to the authority of 10 U.S.C. 3204(a)(1).