N69450-24-0431 Safespill J A_REDACTED v2.pdf

DEPARTMENT OF THE NAVY

NAVAL FACILITIES ENGINEERING SYSTEMS COMMAND SOUTHEAST

JACKSONVILLE, FL 32212-0030

J&A No. N69450-24-0431

JUSTIFICATION AND APPROVAL

FOR USE OF OTHER THAN FULL AND OPEN COMPETITION

1. Contracting Activity

The agency is the Department of the Navy. The contracting activity is Naval Facilities Engineering Systems Command Southeast (NAVFAC SE). The contracting office is Core Construction, Naval Air Station (NAS) Jacksonville, Florida.

2. Description of the Action Being Approved

This Justification and Approval (J&A) authorizes and approves the use of a single source, Safespill Systems, LLC (Safespill), for the provision and installation of ignitable liquid drainage floor assemblies (ILDFA) under Solicitation N69450-24-R-1403, Install ILDFA Fire Protection at Hangar 1050 and 1403, NAS Fort Worth, Texas.

3. Description of Supplies/Services

ILDFA is a relatively new technology that serves as an alternative to Aqueous Film Forming Foam (AFFF) fire suppression systems. ILDFAs are approved by Interim Technical Guidance (ITG) FY22-01, 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.

The ILDFA manufactured by 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 from the hangar, to prevent or extinguish a fire. It is considered an environmentally safe alternative to AFFF because it only utilizes water without added chemicals. The ILDFA system directs the flushed water and ignitable liquids to the oil/water separator system that processes a hangar’s normal operational liquids.

Currently, Safespill is the only manufacturer with that has obtained FM approval, and that is approved for hangar use under NFPA 409.

This acquisition will solicit a proposal for negotiation on a sole source basis with Safespill.

Negotiation will be conducted on the basis of certified cost data. The estimated cost of design/construction is approximately The project will be funded by FY24 MILCON (UMC). The procurement includes two projects being solicited as one procurement based on similar scope and location. Hangar 1050 is estimated at approximately and Hangar

J&A Number N69450-24-0431

Source Selection Information – FAR 2.101 and 3.104

1403 is estimated at . The work under this contract will be required to be completed within 700 days after award.

4. Statutory Authority Permitting Other Than Full and Open Competition

The statutory authority for permitting other than full and open competition is 10 USC 3204(a)(1) as implemented by the Federal Acquisition Regulation (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

The ILDFA is a new approach to address flammable liquid fuel fires in aircraft hangars. The traditional aircraft fire protection approach uses a complex control system consisting of flame detectors that initiate the activation of a low-level AFFF foam system. The traditional system is complex and of high maintenance requirements, and often causes unwanted accidental activations and releases. Accidental system activations cost millions of dollars in aircraft damage and environmental cleanup expenses. Furthermore, traditional systems require costly water supply infrastructure, including water storage tanks, oversized water mains, and large fire pumps requiring significant maintenance and sustainment expenses. Moreover, the AFFF used in traditional systems has become an environmental concern and potential liability for the U.S.

Government and the taxpayers. Additionally, these systems are routinely impaired by mechanical and electrical failures resulting in reduced operational capability in the Navy’s hangars and pose a significant risk of loss of aircraft due to fire. The National Defense Authorization Act for Fiscal Year 2020 (NDAA FY20) prohibits the use of AFFF systems after 1 October 2024.

Currently, ILDFA is the only alternative technology providing reliable aircraft protection with zero environmental impact. The ILDFA 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.

As discussed above, recent legal and technical authorities justify the use of ILDFA as provided by Safespill:

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

b. NFPA409, 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.

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J&A Number N69450-24-0431

Source Selection Information – FAR 2.101 and 3.104

d. Safespill has FM Approval in accordance with Factory Mutual Standard 6090, Approval Standard for Ignitable Liquid Drainage Floor Assemblies, May 2017.

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

A sources sought notice was published on www.sam.gov on December 11, 2023 to solicit information from as many sources as practicable to determine if there are any other sources capable of providing ILDFAs for aircraft maintenance hangars. The response date was December 27, 2023, and no responses were received. The approved J&A will also be made publicly available as required by FAR 6.305.

7. Determination of Fair and Reasonable Cost

A sole source contract action will require the contractor to submit a detailed proposal containing certified cost and pricing data. A Government technical evaluation will be completed with comparison against the Independent Government Estimate (IGCE) and historical data as appropriate. Cost analysis will be performed by reviewing the certified cost and pricing data for labor, materials, and equipment costs as provided by the offeror in comparison to the IGCE to determine fair and reasonable pricing. The Contracting Officer will determine if the price for this acquisition is fair and reasonable in accordance with FAR Part 15 prior to contract award.

8. Actions to Remove Barriers to Future Competition

For future projects, NAVFAC SE will continue to conduct market research to determine whether other manufactures are producing acceptable ILDFA systems or to determine if other alternative products or technologies can meet applicable technical requirements. As the market for ILDFAs matures, there is an expectation of increased competition in the future.