A.3.09_JA_Brand_Name_EDWARDS_18-26_Redacted.pdf

Control No. POA 18-26

JUSTIFICATION AND APPROVAL

FOR OTHER THAN FULL AND OPEN COMPETITION

1. CONTRACTING AGENCY: U.S. Army Corps of Engineers (USACE), Alaska District (POA), Contracting Division, Post Office Box 6898, Joint Base Elmendorf-Richardson (JBER), Alaska 99506-0898.

2. DESCRIPTION OF ACTION: This is a limited source justification for Other than Full and Open Competition to include sole source (brand name) specifications for the Long- Range Discrimination Radar (LRDR) Power Plant Construction (CLR039c, CP#3) at Clear Air Force Station (AFS), Alaska. This construction project will be solicited through a negotiated, competitive Request for Proposal, W911KB19R0002, resulting in a firm-fixed price contract. The construction contract is anticipated to be awarded in Fiscal Year (FY) 19 with MILCON funds.

3. DESCRIPTION OF SUPPLIES/SERVICES: The brand name specification will be for Edwards EST3-Sixty Fire Alarm Panels in the CLR039c project. The Clear AFS, Alaska installation’s existing fire alarm system is an Edwards system. Use of this brand name product will ensure compability requirements between the new construction fire alarm system and the existing installation fire alarm system.

Use of this brand name product is critical to the Government’s reliability and redundancy requirements installation-wide.

4. AUTHORITY CITED: 10 U.S.C. 2304(c)(1), as implemented by FAR 6.302-1(c), Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements. This justification applies only to the brand name product for the CLR039c construction solicitation, W911KB19R0002.

5. REASON FOR AUTHORITY CITED:

Background: The current Clear AFS installation base-wide fire alarm system is manufactured by Edwards United Technologies. The Government’s mission in ensuring prompt, directed fire emergency response requires reliability and redundancy of systems throughout the base facilities.

Justification: Use of the brand name Edwards EST3-Sixty Fire Alarm Panel ensures that the installation’s fire alarm notification system is linked to the Clear Fire Department. Additionally, all new Missile Defense Agency (MDA) facilities are required to be linked to the Clear AFS installation fire department to protect life and mission critical equipment. This solcitation and other LRDR MDA facilities require the same brand name, Edwards Fire Alarm Panel and its components to ensure compatibility through the entire Clear AFS fire notification system. Other manufacturers’ products would not meet the communication and redundancy requirements like the brand name product specified. No other contractor is proficient nor knowledgeable in the specific Edward system to be able to satisfy compatablity requirements with the existing system.

c. Impact: Failure to incorporate the requirement for compatibility with the existing Clear AFS fire alarm system will result in a failure to most promptly provided effecitve, directed protection of mission critical assets and facilities (which would result in mission failure).

d. Alternatives: None known. Specification of the brand name Edwards EST 3-Sixty Fire Alarm Panel for the W911KB19R0002 solicitation project is essential to the Government’s requirements, precluding consideration of a product manufactured by another company.

6. EFFORTS TO OBTAIN COMPETITION: There will be competition between authorized distributors that sell the required name brand item stated herein. Based on market research, there are more than one distributor/vendor for this systems. The requirement will be advertised on Federal Business Opportunities (www.fbo.gov) with the brand name only requirement in the solicitation. The authorized distributors will have an opportunity to compete by indicating interest on the FBO announcement and contacting construction firms that are also interested. There are no known source that manufacture a product with capability to integrate with the Clear AFS installation’s existing Edwards fire alarm system; therefore, no competition is anticipated for a different product than the brand name specififed herein.

7. ACTIONS TO INCREASE COMPETITION: To ascertain whether there are existing manufacturers or new manufacturers entering the market that have developed products or programming compatible, interchangeable and competitive with the brand name item identified in this document, and currently in use, a sources sought notice was published at the FBO website (www.fbo.gov) on 04 September 2018 using Supply Classification Code 63 – Alarm, Signal & Security Detection Equipment under NAICS 561621.

Responses were due by 14 September 2018. This notice contained the Government’s intent to acquire the fire alarm panel system specified in this justification on a sole source basis for CLR039c LRDR Power Plant construction project, Clear AFS, Alaska.

The notice received no responses regarding existing or current developed compatible systems, but received two (2) distributor responses. No similar/compatible products were found. To increase competition, the W911KB19R0002 solicitation will be posted to the FBO website, in accordance with the Federal Acquisition Regulations (FAR), Defense FAR Supplement (DFARS) and Army FAR Supplement (AFARS) notification requirements. The brand name requirement will be open for the prime contractor to supply through a subcontract. Any sources indicating interest as a result of the publication will be evaluated.

8. MARKET SURVEY: Market research was conducted via an internet search for alternative compatible products, as well as, vendors of the Edwards brand name item.

Market research also included a Notice of Intent (NOI) to sole source, posted to www.fbo.gov, to determine if there are other manufacturers who can fully meet the Government’s requirements. No responses were received. No similar/compatible products were found. This product meets the definition of a commercial item as defined in FAR 2.101. This product is customarily used by, and has been sold, leased, or licensed to the general public for commercial and government buildings. Results support the commerciality of these brand name products, showing they were offered by manufacturers other independent distributors of the manufacturers’ brand name items.

9. INTERESTED SOURCE: In accordance with FAR 5.102(a)(6), this Justification & Approval (J&A) will be included with the solicitation posting on the FBO website. This is the Government Point of Entry website where this solicitation will be made available to http://www.fbo.gov/ http://www.fbo.gov/ http://www.fbo.gov/ industry and any sources indicating interest as a result of the publication will be evaluated.

10. OTHER FACTORS:

a. Procurement History: The Clear AFS, Alaska installation requirement for Edwards EST 3-Sixty Fire Alarm Panel System has been provided under prior contracts issued for construction of facilities as Clear AFS.

b. Acquisition Data Availability: Not applicable.

c. Unusual and Compelling Urgency: Not applicable.

d. Subcontracting Competition: Subcontracting opportunities exist for suppliers, distributors, and/or installers. This is a restrictive specification that only precludes consideration of a product manufactured by another company. Subcontracting competition will be the responsibility of the offerors or prime contractor awarded the contract.

JUSTIFICATION AND APPROVAL