A02-Limiting Competition_20210504_Redacted.pdf

For All Actions At or Below the Simplified Acquisition Threshold Use for FAR Part 8, FAR Subpart 13.1, or FAR Part 16, Including Brand Name

Control No: 2021-001-L

Version – February 2017

Memorandum for Record – Limiting Competition at or below the Simplified Acquisition Threshold

1. Contracting Activity: 414th CSB RCO Livorno Sub-office

2. This service requirement is to perform “Maintenance and Repair of Fire Alarm, Fire Detection System and Emergency Lights” at USAG Italy Darby Military Community (DMC) Areas in accordance with UNI EN 12845:2015. The requirement includes replacement of smoke/heat detectors for specific brand name product provided by Notifier, model NFXI-OPT and NFXI-TDIFF.

Nature: New Requirement Follow-on Requirement

Contract Vehicle:

Purchase Order Number Blanket Purchase Agreement (BPA) Number _______________ Order/BPA# _______ against FSS Contract #_____ _________ Order #_____ against Multiple Award IDIQ Contract Name or #______________ Order #_______ against a single award IDC Contract # _____________ Modification # _______ to existing PO/TO/DO/Call Order #________________

Contract Type:

Fixed Price Time & Materials/Labor Hours Cost Reimbursable Hybrid (Fixed Price and Time & Materials/Labor Hours)

Funds:

FY2021 Operations & Maintenance, Army (OMA) Other Funds: ________

Name of Proposed Contractor(s) and Address:

Brand Name Buy: Yes No

3. Description of Services or Supplies: This service requirement is to perform “Maintenance and Repair of Fire Alarm, Fire Detection System and Emergency Lights” at USAG Italy Darby Military Community (DMC) Areas in accordance with UNI EN 12845:2015. The Contractor shall manage and provide all equipment, tools and labor

X

Control No: 2021-001-L

Version – February 2017 necessary to perform the service called for by the Performance Work Statement. The purchase order will consist of FFP CLINs in support of semi-annual maintenance of fire alarm, gas detection, and emergency light systems, replacement of smoke detectors, replacement of heat detectors, replacement of batteries for emergency/exit lights, replacement of emergency/exit lights, replacement of phone dialers, replacement of CO/VB detectors, and restore/fix minor issues and T&M CLINs to provide urgent repair work. Since the entire fire alarm system is the Notifier brand name, the replacement of heat / smoke detector cannot be replaced by an equivalent part because it is connected to a control panel of the Notifier brand name. Research on the local market indicated no other available sensor compatible with the Notifier brand and the use of a different sensor could compromise the functionality of the entire system.

Period of Performance: The Period of Performance (POP) for this requirement is base year and two option years after award. Below is the estimated POP.

Base Year: 01 Jul 2021 - 30 Jun 2022 Option Year 1: 01 Jul 2022 - 30 Jun 2023 Option Year 2: 01 Jul 2023 - 30 Jun 2024

4. Authority:

FAR 13.106-1(b)(1): For purchases not exceeding the simplified acquisition threshold (SAT), only one source reasonably available, urgency, exclusive licensing agreements, brand name, or industrial mobilization.

Or

FAR 8.405-6(a)(1)(i)(B) and 8.405-6(b)(1)Brand Name FAR 8.405-6(a)(1)(i)(A) Urgency FAR 8.405-6(a)(1)(i)(B) Only One Source is Capable FAR 8.405-6(a)(1)(i)(C) Logical Follow-on

Or

FAR 16.505(b)(2)(i)(B) Only One Awardee is Capable FAR 16.505(a)(4) Brand Name FAR 16.505(b)(2)(i)(A) Urgency FAR 16.505(b)(2)(i)(C) Logical Follow-on FAR 16.505(b)(2)(i)(D) Minimum Guarantee

Control No: 2021-001-L

Version – February 2017

5. Reasons for Authority Cited: The Performance Work Statement (PWS) requires to replace smoke/heat detectors with the brand name product by Notifier, model NFXI- OPT and NFXI-TDIFF. These sensors are connected to the Notifier fire panel through its communication protocol. It’s not possible to use different sensors because they cannot exchange data with the panel due to different communication protocol. Use different sensors would require replacement of the control panel and all its network.

Replacement of the system is not cost effective and maintaining current system is in the best interest of the Government. As described above the use of different sensor will require to change the control panel Notifier Mfg. with an increase in the cost for the material and labor and delay in the performance of the repair work.

6. Publicizing Contract Actions: For FAR Part 13 actions, the public display and synopsis requirements of FAR 5.101 and FAR 5.203 do not apply due to the $ threshold, apply and will be followed, or do not apply due to an exception at 5.202

Requirement to post justification in accordance with FAR 8.405-6(b)(3), FAR 13.105(c), or FAR 16.505(a)(4)(iii)(A)

Action is NOT a brand name restriction and is under $150K, no posting required Action is a brand name restriction, under $25K, no posting required.

Action is a brand name restriction, over $25K. It will be redacted and posted with the solicitation.

Action is a brand name restriction over $25K but will not be posted due to exception:

FAR 6.305(f) FAR 8.405-6(b)(3)(iii)(A) FAR 8.405-6(b)(3)(iii)(B) FAR 8.405-6(b)(3)(iii)(C) FAR 16.505(a)(4)(iii(C)

7. Market Research: A research made on the web identified several agencies authorized by Notifier Milano to sell and perform service on the Notifier system.

The pre-solicitation has been posted on 11 March 2021.