Package 5 - J-Plant and HEMP - JA (1 thru 5).pdf

Control No. 0015-22

JUSTIFICATION REVIEW DOCUMENT

OTHER THAN FULL AND OPEN COMPETITION

PROJECT/EQUIPMENT: Thule AB, GL - Repair BMEWS Power, Building 4016/ 5KV Shielded Disconnect Switch AUTHORITY: 10 U.S.C. 2304 (C) (1) & FAR 6.302-1(c) AMOUNT: $ 450,000

PREPARED BY:

NAME: Adrian Stafford-Browne

PHONE: 917-790-8087

DATE:

CONTRACTING OFFICER

NAME: Nicholas Emanuel

PHONE: 917-790-8069

DATE:

TECHNICAL

NAME: Rafal Turek

PHONE: 917-790-8534

DATE:

REQUIREMENTS

NAME: Brian Packowski

PHONE: 917-790-6236

DATE:

SIGNATURES ARE REQUIRED BELOW:

I have reviewed this J&A and find the justification adequate to support other than full and open competition.

DISTRICT SMALL BUSINESS

SPECIALIST

SIGNATURE:

NAME: Justin Helfman

DATE:

PHONE: 917-790-8004

PROJECT MANAGER

SIGNATURE:

NAME: Brian Packowski

DATE:

PHONE: 917-790-6236

DISTRICT COUNSEL

SIGNATURE:

NAME: Barbara Hebel

DATE:

PHONE: 347-843-2058

DISTRICT CONTRACTING

CHIEF

SIGNATURE:

NAME: Francis Cashman

DATE:

PHONE: 917-790-8173

SCO COUNSEL

SIGNATURE:

NAME: N/A

DATE:

PHONE:

01 September 2022

01 September 2022

HELFMAN.JUSTIN.13

68284110

Digitally signed by

HELFMAN.JUSTIN.1368284110

Date: 2022.09.01 13:36:42 -04'00'

PACKOWSKI.BRIAN.J.139

7083973

Digitally signed by

PACKOWSKI.BRIAN.J.1397083973

Date: 2022.09.01 08:31:05 -04'00'

HEBEL.BARBARA.N.122

8746874

Digitally signed by

HEBEL.BARBARA.N.1228746874

Date: 2022.08.31 13:55:27 -04'00'

CASHMAN.FRANCIS.1

386668368

Digitally signed by

CASHMAN.FRANCIS.1386668368

Date: 2022.09.13 13:57:21 -04'00'

EMANUEL.NICHOLAS.12

98804880

Digitally signed by

EMANUEL.NICHOLAS.1298804880

Date: 2022.09.09 10:58:18 -04'00'

JUSTIFICATION AND APPROVAL

REVIEW

FOR OTHER THAN FULL AND OPEN COMPETITION

FOR:

Electric Power Inc. 5KV Shielded Disconnect Switch Repair BMEWS Power, Building 4016

Thule Air Base, Greenland

10 May 2022

Electric Power Inc. 5KV Shielded Disconnect Switch Repair BMEWS Power, Building 4016

Contract No. TBD

1. CONTRACTING ACTIVITY:

The U.S. Army Corps of Engineers (USACE), New York District (NAN), Contracting (CT), 26 Federal Plaza, New York, NY 10278.

2. DESCRIPTION OF ACTION:

This Justification and Approval (J&A) supports the use of brand name components in an upcoming construction project. The government will not purchase the components directly, but rather will require that offerors include the 5KV Shielded Disconnect Switch made by Electric Power Inc as part of proposals submitted in response to a Request for Proposal (RFP) solicitation that will lead to the award of a new firm-fixed-price (FFP) construction contract. USACE is responsible for the acquisition and administration of the construction of Repair of Building 4016, at Thule Air Base, Greenland Contract No.

TBD. Funding for this acquisition will be Operations and Maintenance (O&M). The FFP construction will be solicited and awarded as a RFP under FAR Part 15.

3. DESCRIPTION OF SUPPLIES/SERVICES:

The use of the brand name 5KV Shielded Disconnect Switch indicated in Section 2 will be required for the High-Altitude Electromagnetic Pulse (HEMP) Shielding portion of the project.

The new Shielded Disconnect Switch is currently the only way to disconnect medium voltage power from HEMP enclosure. At the moment there is only one manufacturer, Electric Power Inc., that is approved and able to supply such switch for implementation into the project.

4. AUTHORITY CITED:

10 U.S.C. § 2304(c)(1), Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements, as implemented by FAR 6.302-1(c), Application for Brand Name Descriptions. In accordance with FAR 6.302-1(c), the Contracting Officer will specify that all offerors be required to procure an item specific to one supplier (brand-name item).

5. REASON FOR AUTHORITY CITED:

A. Background:

The scope of this project is the replacement of the power generation systems and switchgear at the BMEWS site, and repair and renovation of the Building 4016 (J-Plant) in Thule Air Base.

The main function of existing Building 4016 is to provide back-up power to the 12th Space Warning Squadron (12th SWS) mission in Building 4002. Building 4016 was constructed in 1960 and has surpassed its useful life expectancy, and a major renovation is required.

Purpose, Functions and Capacities of the Project:

The renovation work at Building 4016 includes replacement of the existing diesel generators and heating/cooling system, replacement of the medium voltage (MV) switchgear, replacement of the entire exterior building envelope assemblies and the facility interior, repair of the building foundation and structure, replacement of the building fire detection and fire suppression systems. HEMP improvements to the facility to provide shielding of the facility components will be accomplished concurrently.

The new HEMP enclosure is primarily in the High Bay area of the building, which includes the Control Room, two Switchgear Rooms and the Generator Area. However, in an effort to minimize the number of HEMP penetrations, the Boiler Day Tank Room and Generator Mechanical Room will also be protected with HEMP enclosures. The current design of Mechanical, Electrical, and Plumbing (MEP) and Fire Protection (FP) penetrations through the HEMP enclosures exceeds the minimum number of penetrations permitted in MIL-STD-188- 125-1.

All power / control electrical conduits entering the HEMP spaces require their conductors to have HEMP Point of Entry (POE) protection that prevent or limit HEMP fields and conducted current transients from entering a protected area meeting the transient suppression/attenuation requirements of MIL-STD-188-125-1.

• Low voltage feeders are terminated with surge protective/ filter devices. The electrical medium voltage distribution and generator switchgear are located in the HEMP spaces.

• Medium-voltage, or low voltage conduits between two HEMP protected area which are rigid metal conduits, circumferentially welded at all joints and welded to the facility HEMP shielded do not require any other POE protection

• The medium voltage feeders from Bldg. 4012 to Bldg. 4016 do not originate from a HEMP space and are required to have HEMP POE protection. Presently no commercially available surge/ filter devices are available for medium-voltage application

Electrical 5 KV Shielded Disconnect Switch:

The government has furnished two 5 KV Shielded Disconnect Switches (manufactured by Electric Power, Inc) to be used for this project, and employed them on other projects. They are intended for the termination in the HEMP space of Building 4016 for the 5 KV Normal Power from Bldg.4012, and a new 5 KV feeder from Bldg. 4016 HEMP space where the new 5 KV distribution is located to the VORTAC.

These 5 KV Disconnect Switches are configured with a 5 KV load interrupter switch and a shielded section with a HEMP waveguide. These switches are designed to open by manually operating the switch when a HEMP event should occur, which will cause the HEMP waveguide activates.

A third 5 KV Disconnect is required for the 5 KV Load Bank for the Standby Power system. The load bank is located outside the HEMP space on the South end of Building 4016 and services the Generator Switchgear inside the HEMP space.

B. Justification:

The 5 KV Disconnect Shielded Switches are only manufactured by one vendor, Electric Power, Inc. No other technology exists currently for providing HEMP protection for medium-voltage feeders.

C. Alternatives:

No other manufacturer presently has a HEMP POE solution for medium-voltage feeders.

D. Impact:

If the J&A is not approved the HEMP shielding would fail to provide the necessary protection in case of an event, rendering total critical mission failure with devastating consequences.

6. EFFORTS TO OBTAIN COMPETITION:

The brand name product has been published as required by FAR 5.201, a Notice of Intent (NOI) (W912DS22S0029) to determine sources for this system was synopsized on 21 April 2022. No responses were received for the Notice of Intent. The brand name justification and approval will be posted with the solicitation. As stated in paragraph 5 above, Electric Power Inc, 5KV Shielded Disconnect Switch is the only brand available to ensure proper protection of HEMP enclosure.

7. ACTIONS TO INCREASE COMPETITION:

This J&A supports a discrete requirement that will end when the project is complete. Therefore, there are no planned actions to increase competition for the requirement covered by this J&A.

8. MARKET RESEARCH:

A Notice of Intent (NOI) to determine sources for this system was synopsized on 21 April 2022.

The NOI was published for the required 15 days on SAM.gov (W912DS22S0029). There were no responses to the NOI.

9. INTERESTED SOURCES:

There were no responses to the NOI posting. The solicitation will be synopsized in accordance with FAR 5.201 and responses will be evaluated per FAR Part 15.

10. OTHER FACTORS:

All pertinent facts are included above.

11. TECHNICAL CERTIFICATION:

I certify that the supporting data under my cognizance which are included in the justification and approval are accurate and complete to the best of my knowledge.

Name: Rafal Turek Title: Technical Manager Signature:

TUREK.RAFAL.1258619125 Digitally signed by TUREK.RAFAL.1258619125 Date: 2022.08.31 14:16:06 -04'00'

12. REQUIREMENTS CERTIFICATION:

Name: Brian Packowski Title: Military Programs Branch Project Manager Signature:

13. FAIR AND REASONABLE COST DETERMINATION:

I hereby determine that the anticipated cost or price to the Government for this contract action will be fair and reasonable. This determination will be based on the Independent Government Cost Estimate, the items being procured, and historical data.

Name: Nicholas Emanuel Title: Contracting Officer Signature:

14. CONTRACTING OFFICER CERTIFICATION:

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

Title: Contracting Officer Signature

PACKOWSKI.BRIAN.J.1397083973 Digitally signed by PACKOWSKI.BRIAN.J.1397083973 Date: 2022.09.01 08:38:43 -04'00'

EMANUEL.NICHOLAS.1298804880 Digitally signed by EMANUEL.NICHOLAS.1298804880 Date: 2022.09.09 10:58:43 -04'00'

EMANUEL.NICHOLAS.1298804880 Digitally signed by EMANUEL.NICHOLAS.1298804880 Date: 2022.09.09 10:59:24 -04'00'

APPROVAL

Based on the foregoing justification, I hereby approve the brand name requirement for 5KV Shielded Disconnect Switch, estimated at $450,000.00 in support of the Repair BMEWS Power, Building 4016 Project as authorized by 10 U.S.C. § 2304(c)(1), Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements, and as implemented by FAR 6.302-1(c), Application for Brand Name Descriptions, subject to availability of funds and provided that the product herein described has otherwise been authorized for this acquisition.

Date: Signature:

Francis Cashman Chief, Contracting Office

CASHMAN.FRANCI

S.1386668368

Digitally signed by

CASHMAN.FRANCIS.1386668368

Date: 2022.09.13 13:58:52 -04'00'

Control No. 017-22

JUSTIFICATION REVIEW DOCUMENT

OTHER THAN FULL AND OPEN COMPETITION

PROJECT/EQUIPMENT: Thule AB, GL - Repair BMEWS Power, Building 4016/ Lighting AUTHORITY: 10 U.S.C. 2304 (C) (1) & FAR 6.302-1(c) AMOUNT: $ 153,000

PREPARED BY:

NAME: Adrian Stafford-Browne

PHONE: 917-790-8087

DATE:

CONTRACTING OFFICER

NAME: Nicholas Emanuel

PHONE: 917-790-8069

DATE:

TECHNICAL

NAME: Rafal Turek

PHONE: 917-790-8534

DATE:

REQUIREMENTS

NAME: Brian Packowski

PHONE: 917-790-6236

DATE:

SIGNATURES ARE REQUIRED BELOW:

I have reviewed this J&A and find the justification adequate to support other than full and open competition.

DISTRICT SMALL BUSINESS

SPECIALIST

SIGNATURE:

NAME: Justin Helfman

DATE:

PHONE: 917-790-8004

PROJECT MANAGER

SIGNATURE:

NAME: Brian Packowski

DATE:

PHONE: 917-790-6236

DISTRICT COUNSEL

SIGNATURE:

NAME: Barbara Hebel

DATE:

PHONE: 347-843-2058

DISTRICT CONTRACTING

CHIEF

SIGNATURE:

NAME: Francis Cashman

DATE:

PHONE: 917-790-8173

SCO COUNSEL

SIGNATURE:

NAME: N/A

DATE:

PHONE:

01 September 2022

01 September 2022

HELFMAN.JUSTIN.136

8284110

Digitally signed by

HELFMAN.JUSTIN.1368284110

Date: 2022.09.01 13:39:12 -04'00'

PACKOWSKI.BRIAN.J.13970

83973

Digitally signed by

PACKOWSKI.BRIAN.J.1397083973

Date: 2022.09.01 08:34:45 -04'00'

HEBEL.BARBARA.N.12

28746874

Digitally signed by

HEBEL.BARBARA.N.1228746874

Date: 2022.08.31 13:54:46 -04'00'

CASHMAN.FRANCIS.138

6668368

Digitally signed by

Date: 2022.09.08 09:56:50 -04'00'

Exterior & Interior Luminaires for

1 March 2022

Building Finishes for Repair BMEWS Power, Building 4016, This Justification and Approval (J&A) is requested to employ brand name or equal product descriptions to describe the Thule Air Base, Greenland Contract No. TBD. Thule Air Base is located within Greenland. The Government will not purchase the equipment or items directly, but rather will include these specific “brand name or equal” requirements in a competitive solicitation for the construction Contract No. TBD.

Funding for this acquisition will be Facilities Operations and Maintenance (O&M). The FFP construction will be solicited and awarded as a best value trade-off procurement in accordance with FAR Part 15.

The use of the brand names for describing lighting fixtures characteristics will be required for this project. The project includes renovations of the Building 4016, that include areas used for breaks, meals, emergency living quarters, generator space, electric switchgear space and shop space.

Table below lists the brand name or equal items and associated project costs associated with this J&A.

Item Manufacturer Model/Color/Description Estimated project cost F1 Lithonia WDGE3LED-P1-P3SW-35K-90-VW-MVOLT-SRM-PE-DBXL D - NOMINAL

12 INCH W. X 9 INCH H. X 7 INCH D. SURFACE LED WEDGE

LUMINAIRE. PROVIDE WITH 3,500K. 7,000 LUMEN LED ARRAY,

UNIVERSAL VOLTAGE 0-10 VOLT. DIMMING LED DRIVER, INTEGRAL

PHOTOCELL, BRONZE FINISH.

1,100

F1E Lithonia WDGE3LED-P1-P3SW-35K-90-VW-MVOLT-SRM-PE-DBXL D - SIMILAR

TO LUMINAIRE TYPE "F1" EXCEPT POWERED BY EMERGENCY

POWER.

7,200

F2 Philips LBX-40L-835-UNV-_-UD - NOMINAL 10 INCH X 4 FOOT L. PENDANT

INDUSTRIAL LED LUMINAIRE WITH 10% UPLIGHT COMPONENT.

PROVIDE WITH 3,500K. 4,000 LUMEN LED ARRAY, UNIVERSAL

VOLTAGE 0-10 VOLT. DIMMING LED DRIVER.

18,500

F2A Philips LBX-80L-835-UNV-_-UD - SIMILAR TO LUMINAIRE TYPE "F2" EXCEPT

LENGTH AND POWER CONSUMPTION.

28,800

F2AE Philips LBX-80L-835-UNV-_-UD - SIMILAR TO LUMINAIRE TYPE "F2A" EXCEPT

POWERED BY EMERGENCY POWER.

24,200

F2E Philips LBX-40L-835-UNV-_UD - SIMILAR TO LUMINAIRE TYPE "F2" EXCEPT

POWERED BY EMERGENCY POWER.

18,100

F3 Focal Point FLC44D-SO-2500L-UNV-LD1-LC44-2500L-935K-DN-WFLCD-WP -

NOMINAL 4 INCH SQUARE RECESSED LED COLOR SHIFT

DOWNLIGHT. PROVIDE 3,500K., 2,500 LUMEN OUTPUT LED ARRAY,

UNIVERSAL VOLTAGE 0-10 VOLT. DIMMING LED DRIVER.

1,900

F3E Focal Point FLC44D-SO-2500L-UNV-LD1-LC44-2500L-935K-DN-WFLCD-WP -

SIMILAR TO LUMINAIRE TYPE "F3" EXCEPT POWERED BY

EMERGENCY POWER.

8,900

F4 Holophane PHV-45000LM-FGFL-WD-MVOLT-GZ10-35K-90 - NOMINAL 2 FOOT X 2

FOOT COMPOUND ARTICULATED ARRAY HIGH BAY LED LUMINAIRE.

PROVIDE WITH 3,500K., 45,000 LUMEN OUTPUT LED ARRAY,

UNIVERSAL VOLTAGE 0-10 VOLT. DIMMING LED DRIVER.

CONTRACTOR TO COORDINATE STEEL STRUT MOUNTING

APPURTENANCES WITH STRUCTURAL DOCUMENTS.

3,000

F4E Holophane PHV-45000LM-FGFL-WD-MVOLT-GZ10-35K-90 - SIMILAR TO LUMINAIRE

TYPE "F4" EXCEPT POWERED BY EMERGENCY POWER.

2,300

F5 Axis PWWLED-B3-MF-1000-90-35-S-4-W-UNV-D-1-F-OS - NOMINAL 3 INCH H.

X 4 INCH D. X 4 FOOT L. SURFACE LINEAR LED LUMINAIRE. PROVIDE

WITH 800 LUMEN PER FOOT 3,500K. LED ARRAY, 0-10 VOLT.

DIMMING DRIVER, DUAL LEVEL OCCUPANCY SENSOR CONTROLLED

LIGHT LEVEL. FINISH WHITE

3,400

F5E Axis PWWLED-B3-MF-1000-90-35-S-4-W-UNV-D-1-F-OS - NOMINAL 3 INCH H.

X 4 INCH D. X 4 FOOT L. SURFACE LINEAR LED LUMINAIRE. PROVIDE

WITH 800 LUMEN PER FOOT 3,500K. LED ARRAY, 0-10 VOLT.

DIMMING DRIVER, DUAL LEVEL OCCUPANCY SENSOR CONTROLLED

LIGHT LEVEL. FINISH WHITE

10,100

F6 Kenall TES5-1-45L35K-DCC-1-DV-5H-PP-FS - NOMINAL 5 INCH W. X 4-FOOT-

LONG SURFACE / PENDANT LED LUMINAIRE. PROVIDE 316 BRUSHED

STAINLESS STEAL HOUSING, WITH 3,500K., 4,410 LUMEN OUTPUT

LED ARRAY, UNIVERSAL VOLTAGE 0-10 VOLT. DIMMING LED DRIVER.

4,500

F6E Kenall TES5-1-45L35K-DCC-1-DV-5H-PP-FS - SIMILAR TO LUMINAIRE TYPE

"F6" EXCEPT POWERED BY EMERGENCY POWER.

8,100

F7 Focal Point FEQ2-14-4000L-935K-1C-UNV-LD1-**-WH - 1'X4' RECESSED LED

TROFFER. PROVIDE 3,500K., 4,000 LUMEN OUTPUT LED ARRAY,

UNIVERSAL VOLTAGE 0-10 VOLT. DIMMING LED DRIVER.

1,900

F7E Focal Point FEQ2-14-4000L-935K-1C-UNV-LD1-**-WH - SIMILAR TO LUMINAIRE

TYPE "F7" EXCEPT POWERED BY EMERGENCY POWER.

5,000

X1 Lithonia LQM -S-W-1-G-120/277-ELN- D - THERMO-PLASTIC L.E.D. EXIT SIGN, GREEN LETTER STENCIL, UNIVERSAL MOUNT, WHITE HOUSING, PROVIDE EMERGENCY BATTERY OPTION, MOUNTING, FACES, CHEVRONS AS EXACTLY INDICATED ON PLANS. NOTE: EXIT SIGN TO

BE HUNG AT 10 ' - 3 " A.F.F. TO BOTTOM OF SIGN.

6,000

TOTAL 153,000

offerors be required to procure an item specific based on brand name or equal.

The scope of this project is the replacement of the power generation systems and switchgear at the 12th Space Warning Squadron (12th SWS) site, and repair and renovation of the Building 4016 (J-Plant) in Thule Air Base. The main function of existing Building 4016 is to provide back-up power to the 12th SWS mission in Building 4002. Building 4016 was constructed in 1960 and has surpassed its useful life expectancy, and a major renovation is required.

Purpose, Functions and Capacities of the Project:

The renovation work at Building 4016 includes replacement of the existing diesel generators and heating/cooling system, interior and exterior lighting systems, replacement of the medium voltage (MV) switchgear, replacement of the entire exterior building envelope assemblies and the facility interior, repair of the building foundation and structure, replacement of the building fire detection and fire suppression systems. High Altitude Electromagnetic Pulse (HEMP) improvements to the facility to provide shielding of the facility components will be accomplished concurrently.

The new HEMP enclosure is primarily in the High Bay area of the building, which includes the Control Room, two Switchgear Rooms and the Generator Area. However, in an effort to minimize the number of HEMP penetrations, the Boiler Day Tank Room and Generator Mechancial Room will also be protected with HEMP enclosures.

The project requires comprehensive lighting design, with luminaires selected to satisfy the prescribed visual, environmental, and energy requirements for the various high bay and support spaces meeting IECC 2018 and IESNA Handbook illumination values.

Lighting Calculations are performed to determine the optimum luminaire selection for the application based on luminaires specific photometrics characteristics. Photometric information is developed by standard test method by placing luminaire in a large white spear and plotting the light outputs at various points. Manufacturers now provide software with the luminaire photometric information for use in lighting calculation software.

Luminaires are specified in the Electrical Documents both in the Div. 26 specification and on the Drawings (E-701, ELECTRICAL LUMINAIRE SCHEDULE). The Luminaire Schedule presently includes Type, Manufacturer, Alternate, Description, Lamp, Voltage, Watts

The use of brand name with catalog numbers or equal items in the Thule Air Base project are necessary to not only convey the luminaires specific photometry performance but the desired level of quality. The Design-Build (DB) Contractor can use other brand name items as long as they meet the requirements specified in the DB Request for Proposal (RFP) for these items.

B. Justification:

The luminaires photometric distribution and performance cannot otherwise be described without elaborate and highly technical descriptions that would do little to assist the Offerors in identifying products likely to meet the needs of the Government. This would lead to confusion, frustration, and extra work by the Offerors to correctly identify the character of products required. This extra work would translate to increased cost with no corresponding added benefit to the Government

By listing the basis of design manufacturer (refer to List above) and catalog options for the Luminaires, the designer can verify the performance specifications and visual requirements are met for the overall building’s interior and exterior lighting. Alternates may be submitted and approved if these meet the requirements of the specifications, and the Basis of Design luminaires.

If this manufacturer or equal J&A is not approved for this project, there is no alternative way to adequately describe the features of required products. Offerors would be forced to rely on complex and highly technical adjectival descriptions that would not adequately describe the required luminaires photometric features. Adjectival descriptions open the door to differing interpretations, which are generally construed against the author of the controlling document. If the basis of design brand name or equal specifications are not permitted to be used, it would effectively limit the ability of the Government to control the design and would create a risk that the end user would receive less expensive, products that do not satisfy its needs or illumination levels and quality. Offerors would be forced to guess which options are appropriate.

Providing the basis of design requirements for the desired luminaires is an industry standard. If the basis of design elements were not permitted to be used, it would effectively limit the ability of the Government to control the quality of the lighting design. Only listing Basis of Design manufactures with catalog options or equal specifications can properly describe the requirement.

(W912DS22S0029 to determine sources for this system was synopsized on 21 April 2022. No responses were received for the Notice of Intent. The brand name justification and approval will be posted with the solicitation. Contractors will be able to provide other manufacturer fixtures as long as each match equals or exceeds the Government’s requirements.

This J&A supports a discrete requirement that will end when the project is complete. Therefore, there are no planned actions to increase competition for the requirement covered by this J&A

A Notice of Intent (NOI) to determine sources for these items was synopsized on 21 April 2022.

no responses to the NOI. Additional research was not done besides the NOI.

will be fair and reasonable. This determination will be based on the Independent Government Cost Estimate, the items being procured, and historical data.

Date: 2022.08.31 14:18:48 -04'00'

PACKOWSKI.BRIAN.J.1397083973 Digitally signed by PACKOWSKI.BRIAN.J.1397083973 Date: 2022.09.01 08:35:16 -04'00'

Date: 2022.09.06 13:21:00 -04'00'

Date: 2022.09.06 13:21:18 -04'00'

Based on the foregoing justification, I hereby approve the brand name requirement for Lighting Fixtures, estimated at $153,000.00 in support of the Repair BMEWS Power, Building 4016 Project as authorized by 10 U.S.C. § 2304(c)(1), Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements, and as implemented by FAR 6.302-1(c), Application for Brand Name Descriptions, subject to availability of funds and provided that the product herein described has otherwise been authorized for this acquisition.

Chief, Contracting Office

CASHMAN.FRANCIS.

1386668368

Digitally signed by

Date: 2022.09.08 09:58:24 -04'00'

Control No. 016-22

JUSTIFICATION REVIEW DOCUMENT

OTHER THAN FULL AND OPEN COMPETITION

PROJECT/EQUIPMENT: Thule AB, GL - Repair BMEWS Power, Building 4016/ Trend Controls System AUTHORITY: 10 U.S.C. 2304 (C) (1) & FAR 6.302-1(c) AMOUNT: $ 36,000

PREPARED BY:

NAME: Adrian Stafford-Browne

PHONE: 917-790-8087

DATE:

CONTRACTING OFFICER

NAME: Nicholas Emanuel

PHONE: 917-790-8069

DATE:

TECHNICAL

NAME: Rafal Turek

PHONE: 917-790-8534

DATE:

REQUIREMENTS

NAME: Brian Packowski

PHONE: 917-790-6236

DATE:

SIGNATURES ARE REQUIRED BELOW:

I have reviewed this J&A and find the justification adequate to support other than full and open competition.

DISTRICT SMALL BUSINESS

SPECIALIST

SIGNATURE:

NAME: Justin Helfman

DATE:

PHONE: 917-790-8004

PROJECT MANAGER

SIGNATURE:

NAME: Brian Packowski

DATE:

PHONE: 917-790-6236

DISTRICT COUNSEL

SIGNATURE:

NAME: Barbara Hebel

DATE:

PHONE: 347-843-2058

DISTRICT CONTRACTING

CHIEF

SIGNATURE:

NAME: Francis Cashman

DATE:

PHONE: 917-790-8173

SCO COUNSEL

SIGNATURE:

NAME: N/A

DATE:

PHONE:

01 September 2022

01 September 2022

HELFMAN.JUSTIN.1368

284110

Digitally signed by

HELFMAN.JUSTIN.1368284110

Date: 2022.09.01 13:37:47 -04'00'

PACKOWSKI.BRIAN.J.139

7083973

Digitally signed by

PACKOWSKI.BRIAN.J.1397083973

Date: 2022.09.01 08:32:36 -04'00'

HEBEL.BARBARA.N.122

8746874

Digitally signed by

HEBEL.BARBARA.N.1228746874

Date: 2022.08.31 13:53:54 -04'00'

CASHMAN.FRANCIS.138666

Digitally signed by

CASHMAN.FRANCIS.1386668368

Date: 2022.09.13 13:48:49 -04'00'

EMANUEL.NICHOL

AS.1298804880

Digitally signed by

EMANUEL.NICHOLAS.1298804880

Date: 2022.09.09 10:53:56 -04'00'

Trend Controls System for

1 June 2022

Trend Controls System for Repair BMEWS Power, Building 4016, This Justification and Approval (J&A) supports the use of brand name components in an upcoming construction project. The government will not purchase the components directly, but rather will require that offerors include the Trend Controls Systems as part of proposals submitted in response to a Request for Proposals (RFP) solicitation that will lead to the award of a new firm-fixed-price (FFP) construction contract. USACE is responsible for the acquisition and administration of the construction of Repair BMEWS Power, Building 4016, at Thule Air Base, Greenland Contract No. TBD. Funding for this acquisition will be Operations and Maintenance (OMA). The FFP construction will be solicited and awarded as a RFP under FAR Part 15.

The use of the brand name Direct Digital Control (DDC) system indicated in Section 2 will be required for Repair Power, Building 4016 project. The new local DDC system for this project will be connected to, and fully integrated into the existing base wide EMCS currently installed at Thule Air Base, Greenland. The existing base wide Energy Monitoring and Control System (EMCS) is based on the Trend Controls Systems that are capable of remote control and monitoring the Heating Ventilation and Air Conditioning (HVAC) equipment and other facility related systems throughout the base.

The base wide EMCS shall be a distributed, supervised, and scalable system that would not only control and monitor the HVAC equipment and other building systems, but also provide a centralized supervisory function throughout the entire base; including but not limited to the alarm handling, trending, scheduling, and demand control for the controlled equipment and systems.

The local control system in the building will have a network/building controller and other field controllers connected to the base-wide network infrastructure to facilitate communication between the base-wide EMCS server and field controllers in the buildings. The new Trend Controllers shall be compatible with and be fully integrated into the existing base-wide EMCS, without impairing operational function or reliability of any existing base-wide EMCS.

offerors be required to procure an item specific to one supplier (brand-name item).

The scope of this project is the replacement of the power generation systems and switchgear and repair and renovation of the Building 4016 (J-Plant) in Thule Air Base. The main function of existing Building 4016 is to provide back-up power to the 12th Space Warning Squadron (12th SWS) mission in Building 4002. Building 4016 was constructed in 1960 and has surpassed its useful life expectancy, and a major renovation is required. Trend Control Systems was installed throughout the Installation and is now the Base standard for EMCS. This system utilizes both BACnet and Trend LAN as communication protocols. However, the local systems in the buildings are mostly communicating using Trend LAN, a proprietary communication protocol provided by energy management system manufacturer, Trend Controls.

B. Justification:

Although the project will utilize a BACnet as a communication protocol as much as possible, the base still requires that new DDC controllers be the latest version of Trend Controls that can communicate using both BACnet and Trend LAN so that the new DDC system being added can be seamlessly integrated into the existing EMCS network and communicate with the existing components where required.

To achieve seamless integration required in UFC 3-410-02, Direct Digital Control for HVAC, and Other Building Control Systems, and UFGS Section 25 10 10, Utility Monitoring and Control System (UMCS) Front End and Integration, the existing EMCS front-end software provided by Trend Controls shall be used to configure the new system being added and any additional software and tools provided shall be provided by Trend Controls. The base will be able to maximize utilization of existing government-licensed Trend front-end software to configure and program the controllers. Although BACnet is an open standard by ASHRAE (ASHRAE Standard

135) adopted by various control system vendors, there is no standard published for software and programming. As a result, it does not allow for configuration and programming functions to take place between different manufacturers' controllers and each manufacturer's proprietary front-end software and tools must be used to configure or change the program within the system.

By using Trend Controls Systems, it will maintain and streamline the installation of the entire system and all controllers can be programmed from a single central server instead of having a hybrid system composed of multiple servers/workstations and controllers and associated configuration/programming software from multiple vendors. Managing the systems from multiple vendors will reduce operational efficiency and increase the costs associated with installation, maintenance, and repair. Utilizing hardware products from the same vendor that produced the configuration/programming software also eliminates multi-vendor disputes regarding conflicts, standards, protocols, and/or performance characteristics.

The base will be able to avoid the significant operational burden and cost of having maintenance and engineering staff become proficient with the configuration, programming, commissioning, operation, and maintenance of controllers from different manufacturers. The base has established a standard library of graphical displays, programming and other configurations that have been implemented into the existing EMCS over the years, which reduces personnel training costs and decreases other costs related to additional equipment, maintenance, and support contracts for another manufacturer's hardware and software, as well as the maintenance of an additional parts inventory. Maintaining multiple solutions is inefficient and creates unnecessary work and overhead that increases the total costs of ownership and Operation and Maintenance (O&M) of the system. The base also poses a unique condition that is different than other bases where the service and support from a local representative of the control system vendor is very limited and difficult due to the remote location.

No viable alternatives will be acceptable to meet the critical mission requirements of an integrated, base-wide EMCS due to compatibility issues of the Trend Controls Systems with equipment from other manufacturers. Any control system other than Trend Controls System will not be able to guarantee operational effectiveness and seamless integration of the control system to existing base-wide EMCS.

The only alternative action to ensure compatibility of a different manufacturer’s control system using BACnet with the systems used throughout Thule AB would be to remove and replace the existing proprietary sub-network (Trend LAN) currently used for field controllers in over 100 buildings with the BACnet/IP and/or BACnet MS/TP and associated field controllers. Also, a third-party, universal Human Machine Interface (HMI) software needs to be installed so that graphical displays and supervisory functions from different vendors’s software can be consolidated and integrated, which requires significant work to map all the existing control and monitoring points, configure the system and develop the graphical displays that are redundant to what is already configured in the existing base-wide EMCS. This would be a very cost prohibitive effort.

If the J&A is not approved and a different control system is installed at project site, the base wide EMCS would fail to provide an integrated and fully operational system that manages the control and monitoring of HVAC equipment and other facility related systems throughout the building. This could lead to the equipment failure, storm/weather damage to the facilities, increased energy and utility costs and possible interruption to the mission at Thule AB.

(W912DS22S0029 to determine sources for this system was synopsized on 21 April 2022. No responses were received for the Notice of Intent. The brand name justification and approval will be posted with the solicitation. As stated in paragraph 5 above, Trend Control Systems is the only brand available to ensure compatibility within the Thule AB existing system. Trend Controls Systems are available on the open market for purchase and installation by all offerors.

This J&A supports a discrete requirement that will end when the project is complete. While the procurement allows the use of open-source system protocols (Lon Works, BACnet), the remote physical location of the base combined with threatening weather most of the year means uniformity of the control systems throughout the base is of utmost importance to the infrastructure and ability to provide support to inhabitants. Additional vendor integration to existing EMCS system would increase the risks of failure and contradicts consolidation efforts to provide uniformity and reliability. The ability to get repairs in the remote location is challenging and may put inhabitants in jeopardy. Therefore, there are no planned actions to increase competition for the requirement covered by this J&A.

A Notice of Intent (NOI) to determine sources for this system was synopsized on 21 April 2022.

no responses to the NOI. Additional research was not done besides the NOI.

will be fair and reasonable. This determination will be based on the Independent Government Cost Estimate, the items being procured, and historical data.

Date: 2022.08.31 14:17:42 -04'00'

PACKOWSKI.BRIAN.J.1397083973 Digitally signed by PACKOWSKI.BRIAN.J.1397083973 Date: 2022.09.01 08:38:11 -04'00'

Date: 2022.09.09 10:54:21 -04'00'

Date: 2022.09.09 10:54:40 -04'00'

Based on the foregoing justification, I hereby approve the brand name requirement for Trend Controls, estimated at $36,000.00 in support of the Repair BMEWS Power, Building 4016 Project as authorized by 10 U.S.C. § 2304(c)(1), Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements, and as implemented by FAR 6.302-1(c), Application for Brand Name Descriptions, subject to availability of funds and provided that the product herein described has otherwise been authorized for this acquisition.

Chief, Contracting Office

CASHMAN.FRANCIS.1

386668368

Digitally signed by

Date: 2022.09.13 13:50:35 -04'00'

Control No. LRL-FY21-104

JUSTIFICATION REVIEW DOCUMENT

OTHER THAN FULL AND OPEN COMPETITION

PROJECT: Class Justification and Approval (J&A) to allow Contracting Officers to issue solicitations for construction contracts, where “brand name or equal” references are necessary to effectively communicate interior color and finish selections.

AUTHORITY: 10 U.S.C § 3204(a)(1)(effective January 1, 2022) (formerly 10 U.S.C. § 2304(c)(1), amended by Pub. L. No. 117-81, 135 Stat. 154); Federal Acquisition Regulation (FAR) 6.302-1(c) Only one responsible source and no other supplies or services will satisfy agency requirements;

and Defense Federal Acquisition Regulation Supplement (DFARS)206.302-1(c)(2) and (S-70).

AMOUNT: $775,000,000

PREPARED BY / TECHNICAL

MANAGER

NAME: Ian F. Mitchell

PHONE: 502-315-6276

CONTRACTING OFFICER

NAME: Michael D. Hutchens

PHONE: 502-315-6180

SIGNATURES ARE REQUIRED BELOW:

I have reviewed this J&A and find the justification adequate to support other than full and open competition.

SCO ATLANTA - COUNSEL

NAME: Alexandria Tramel

PHONE: 817-229-0971

SCO-ATLANTA/

ALTERNATE ADVOCATE

FOR COMPETITION

NAME: Laura Eichhorn

PHONE: 404-562-5051

USACE HEAD OF

CONTRACTING

NAME: Jill E. Stiglich

PHONE: 202-761-8642

NDRIA.POLK

Justification and Approval for Other than Full and Open Competition

1. Contracting Agency:

U.S. Army Corps of Engineers (USACE), Louisville District, 600 Martin Luther King, Jr. Place, Room 821, Louisville, KY 40201. Louisville District has prepared this document in support of construction contracts across the entire USACE Enterprise.

2. Description of Action:

USACE requests a Class Justification and Approval (J&A) for Other than Full and Open Competition to allow Contracting Officers to issue solicitations for construction contracts, where “brand name or equal” references are necessary to effectively communicate interior color and finish selections. The estimated cost for the Class J&A is $775,000,000, which covers future projects from Fiscal Year (FY) 22 through

FY 26.

3. Description of Supplies/Services:

a. In order to sufficiently define the scope of work to be performed by a construction contractor, a Basis of Design (BOD) is prepared to document the principles, assumptions, rationale, criteria, and considerations used for calculations and decisions required during design. The BOD may include text, catalog cuts and manufacturer information used to set the minimum levels of quality or performance set by the design. While the BOD largely covers the construction aspects of a project, it also sets forth required “finishes,” which are the surface treatments to horizontal surfaces (floors and ceilings) and vertical surfaces (walls) fixed to the main structural elements of the building. These finishes, such as paint, carpeting and window coverings, complete or enhance the aesthetic experience of interior and exterior parts of a building. For interior design and architectural purposes, these finishes include colors, patterns, textures and textile designs.

b. When preparing a BOD for a construction project, it is not practicable to convey the required finishes to potential offerors using mere descriptions. For example, it is not feasible to adequately describe a particular shade of gray paint that must be used in order to provide aesthetic compatibility with other buildings within a complex;

however, the intended hue can be conveyed by referencing a particular manufacturer’s proprietary color, and that color can then be replicated in any brand of paint. Therefore, the use of brand name references is necessary to convey requirements, but is not intended to restrict competition. The identified brand name items or proprietary specifications are intended to solely relay the BOD for the interior finishes. The specification for a certain interior finish will include the manufacturer’s name, product line, model number, etc. along with all salient characteristics necessary for “equal” products to meet contract performance requirements. While it is possible for many manufacturers to produce finishes that are functionally equivalent to these designated finishes, the finish descriptions themselves are nonetheless proprietary specifications unique to particular manufacturers. The contract performance requirements are not proprietary, and can be met by all established manufacturers. Manufacturer(s) and product line(s) are identified only to establish a color and aesthetic BOD.

c. The entire construction program to be undertaken by USACE in FY22 has an estimated annual value of $14B. These projects typically range in size from $100,000 to hundreds of millions of dollars, and on an annual basis, approximately 750 out of 2,500 projects involve the designation of finish colors and aesthetic requirements. The funding for these projects encompasses all funds USACE obligates for construction, including the Civil Works Mission, the Military Construction Mission and all projects executed by USACE contracting in support of International and Interagency Missions. The value of the construction program that involves projects with required finishes is estimated to be $4.3B for FY22, and the average cost of interior finishes was determined to be 3.35% of the overall construction cost of a project. This percentage was validated using three different methods. The first method was based on cost estimates for interior finishes prepared by interior designers on recent projects. The second method was an analysis of the interior finish portions of cost estimates for USACE building projects prepared by cost engineering professionals. The third was an analysis of commercially available unit cost data from the RS Means 2020 Square Foot Costs Book for interior finishes for facilities typical to the USACE construction program (e.g. schools, medical centers, office buildings, laboratories, data centers, daycares, fire stations and repair garages). For FY22, this calculation results in an estimated total cost of $146 million in finishes. After applying a 2.7% escalation for FY23 through FY26, this results in an overall class J&A for five years in the estimated amount of $768,904,590.84.

Rounding up, the requested value of this J&A is $775,000,000.

4. Authority Cited:

10 U.S.C § 3204(a)(1)(effective January 1, 2022) (formerly 10 U.S.C. § 2304(c)(1), amended by Pub. L. No. 117-81, 135 Stat. 154), as implemented by FAR 6.302-1(c), and DFARS 206.302-1(c)(2) and (S-70), “Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements.” This class justification applies only to the brand name or equal products and proprietary specifications describing finishes, including interior colors, as specified in USACE construction contract documents.

5. Reasons for Authority Cited:

a. Background:

(1) Section 888(a) of the FY17 National Defense Authorization Act (NDAA) (Pub.

L. 114-328) requires that competition on Department of Defense (DoD) contracts not be limited through the use of brand name or equal descriptions or proprietary specifications or standards, in solicitations, unless a justification is approved in accordance with 10 USC 2304(f). In accordance with DASA(P) Alert 19-108, use of Brand Name or Equal references requires a J&A for Other than Full and Open Competition, and DoD subsequently issued a final rule effective 31 May 2019 that amended the DFARS to implement section 888 of the NDAA for FY2017 (Pub. L.

113-291).

(2) The Structural Interior Design (SID) of a facility includes building-related design elements and components as part of the building construction, such as wall paint or coverings, ceiling paint or finish, floor coverings (e.g. tile, carpet, etc.), primary window treatments (e.g. blinds, shades and drapery hardware, etc.), signage and built-in casework. The interior designer must determine the desired interior finish materials based on the respective aesthetic, durability and maintenance qualities, and characteristics applicable to each space within the facility. The SID is designed by a qualified interior designer in accordance with Unified Facilities Criteria (UFC) 3-120-10 Interior Design, Chapter 2 paragraph “Interior Designer Qualifications.”

It is necessary for the government to include brand names or proprietary specifications for finishes to have a complete design that can be properly conveyed to the construction contractor. UFC Requirements: (reference UFC 3-120-10, paragraph 4-5.1).

The interior designer must provide all finish and color selections including finish code, manufacturer’s materials, textures, patterns, color names and numbers for all interior finishes and specialties which will be exposed to view in the finished construction. The Government will direct which of the following methods to use.

It is noted that the UFC stipulates use of the following disclaimer: (reference paragraph 4-5.1.2):

The Government prohibits the use of proprietary materials, finishes and colors. A disclaimer must be used on the drawings or in the specifications indicating materials and colors are shown for reference only. However, it is important to use specific manufacturer, finish and color information to establish a frame of reference in the development of the [Structural Interior Design] SID. Reference UFGS 09 06 00 Schedules for Finishes for the appropriate disclaimer to use that addresses this issue when developing the SID.

b. Justification:

(1) Under the current UFC, the SID of a building is to be fully coordinated by a qualified interior designer in order to be considered fully designed. The selection of the basis of design, the color aesthetic and visual integrity will be upheld and coordinated throughout the facility. The finishes chosen are fully synchronized to provide a cohesive interior to support the building requirements. Per UFC 3-120-10, Chapter 2;

“Designers must consider interior design compatibility with the local environment, functional requirements, economy of construction, energy conservation, interior details, sustainable design and life cycle costs. Additionally, the interior design must be designed in harmony with the architectural character of existing facilities that are to remain, especially those that are considered historically or architecturally significant and must comply with the installation aesthetic. Design excellence must not add substantial project costs but balance the functionality, aesthetics, quality, sustainability and maintainability of facilities.”

(2) As required by the UFC, specifications are developed to identify the performance characteristics of the respective required design elements.

Manufacturer and product names are identified solely to provide and convey a basis for the color, pattern and visual integrity of the respective finishes. By providing this basis, the contractor can determine if the product submitted for approval will conform to the intended aesthetic of the design. This will lead to an overall coordinated, structural interior design for the entire building as intended by the qualified interior designer. Again, it is important to note that the specifications and manufacturer names are illustrative for coordinated design aesthetics only. While the total value of the material costs is used as the basis for this J&A, the actual cost differential among the manufacturers is minimal. Typically, any manufacturer of finish products has a full palette of colors and textures to choose from and can provide an equivalent product while meeting the technical specifications without giving any bidding advantage to a particular manufacturer. The contractors will select material vendors that meet the specification salient features and their equivalent color identifier based on competitive market pricing.

Example: Carpet tiles come in a variety of colors and patterns. The technical specifications, such as ounce weight, durability, coloring, and tufting, etc., can all be described as non-proprietary performance criteria. However, color and pattern of each carpet’s unique characteristics of the manufacturer and product line are difficult to describe without visual examples. If the manufacturer and product line is provided with the solicitation, the offeror will have a basis for color and visual of the intended aesthetic.

(3) By listing the basis of design for the intended SID finishes, the designer can verify that the performance specifications and visual requirements are met for the overall building. Alternates may be submitted and approved if these meet the requirements of the specifications and overall color and building aesthetic. Interior design is a necessity to a project as it vitally improves facility operating efficiency, livability, functionality, life-cycle economics, and the productivity of the users.

(4) For construction contracts, FAR Clause 52.236-5, Materials and Workmanship, addresses any potential competition concerns associated with including a basis of design on the plans or in the specifications and has been well-defined and well-understood by the construction contracting community for decades.

In part, this clause states: “References in the specifications to equipment, material, articles, or patented processes by trade name, make, or catalog number, shall be regarded as establishing a standard of quality and shall not be construed as limiting competition. The Contractor may, at its option, use any equipment, material, article, or process that, in the judgment of the Contracting Officer, is equal to that named in the specifications, unless otherwise specifically provided in this contract.”

(5) The identified brand/manufacturer items or proprietary specifications are intended to be examples for the basis of interior design to help ensure visual integrity of the building’s interior finishes. Interior finishes will be procured and installed as part of firm-fixed-price, design-bid-build construction contracts and will be solicited in accordance with all applicable policies, procedures, guidance, and laws related to competition. Typically, for design-build (also called turnkey) projects, basis of design is not necessary as only specifications are provided for proposal preparation. In the event plans are provided as part of a design-build solicitation package, interior finishes identified as basis of design items will be considered covered under this J&A.

c. Alternatives: There is no alternative method to complete a 100% design suitable for those requirements that require a design-bid-build contract. Utilizing a basis of design is a critical component of designing complete and coordinated structural interior design under the current UFC.