JA_ML-25-16_Redacted.pdf

J&A No. ML-25-16

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 of a brand name fire alarm panel by Notifier as part of a project to provide upgrades to the fire alarm and mass notification systems at buildings 77 and 88 at the Philadelphia Navy Yard. The solicitation will require providing one panel. Further information regarding the need to use this particular system is provided herein below.

3. Description of Supplies/Services.

The intent of solicitation N4008524R2765 provides fire alarm and Mass Notification System (MNS) upgrades at building 77/87 complex. The work includes a new panel.

Product: Reason: Cost:

Notifier Panels This product is the only panel that aligns with the existing fire alarm system for connectivity, useability, and end user operation.

per unit. Total quantity of 1 unit.

The programmed amount for the work included in this construction solicitation is and the estimated value of the brand name supply that is the subject of this J&A is . The project will be funded by for construction.

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.

This Justification and Approval seeks to require inclusion of brand names in the above-referenced solicitation. That specific item can only be fulfilled by the “Notifier” fire alarm control panels, AES/Intellinet Fire Alarm Radio Transmitter, and devices.

Fire alarm control panels and radio transmitters are a critical, necessary component to support fire-fighting capabilities in the various buildings throughout the Philadelphia Naval Shipyard where mission critical testing and systems engineering takes place. Fire alarm control panels and radio transmitters are necessary life safety equipment used to provide and respond to fire alarms, and to troubleshoot and to facilitate other work being done on the systems or their downstream devices and components. They require routine preventative maintenance to ensure proper function.

Preventative maintenance often includes replacing parts and required routine testing. A uniform, compatible, installation-wide fire protection system based on the same manufacturer’s line of products promotes overall system readiness by allowing the customer to reduce their service contracts to one company and to stock replaceable parts and develop skills and expertise in the work involved in maintenance of the system. Not only would multiple maintenance contracts for different fire alarm panel systems and radio transmitters be costly, it would be infeasible to maintain an on-the-shelf parts supply for multiple manufacturer’s devices. Each manufacturer of fire alarm systems and radio transmitters produce unique assemblies of various components and devices. These devices are not cross compatible from manufacturer to manufacturer and contractors authorized to service one manufacturer’s brand cannot get approval to service another brand, resulting in a situation where the Government has to maintain multiple service contracts for specific fire alarm panel brands or costly sub-contracts for general maintenance and service. The customer, NSWCPD, has already standardized the fire alarm systems in their buildings at Philadelphia Naval Ship Yard around “Notifier” and “AES/Intellinet” radio transmitter products.

Furthermore, an overwhelming majority of existing fire alarm panels at Philadelphia Naval Shipyard are “Notifier” brand and the existing maintenance contractor (Kinetix) is a “Notifier” supplier. Transitioning this building to “Notifier” fire alarm equipment would allow for streamlined maintenance and service, reduced need for additional spare parts, reduce or virtually eliminate false alarms, and reduced operational training for personnel, while upgrading to a more modern and reliable Fire Alarm System.

Authority to name the “Notifier” brand fire alarm control panels and system as a required source is necessary because the products meet the solicitation’s specific needs for the customer’s efficiency, mission readiness, operational effectiveness and it is the only manufacturer of existing fire alarm panels installed at this base/location. More specifically, the current fire alarm systems at Philadelphia Naval Shipyard currently consists of a single manufacturer, i.e. the “Notifier” brand fire alarm panels, and in order to promote overall system readiness it is imperative that those same panels be installed at this location under the current requirement.

In addition, NAVFAC Instruction 11000.2 titled Facility Related Control System (FRCS) Standardization, Section 3.a., 3.b. and 3.c. requires the standardization in building systems components for improvements to operational effectiveness, reduction of ownership costs, maintenance efficiency, and mission readiness.

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

A Sources Sought Notice was published on 18 July 2024, and yielded zero (0) responses. The notice closed on 25 July 2024. A solicitation will both 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).