FAR-Part13-5_Sole-Source-JA_ALCMS_Bragg-2019-5_Final_Signatures_Redacted.pdf

Version – March 2017 FOR OFFICIAL USE ONLY

JUSTIFICATION REVIEW DOCUMENT

FAR SUBPART 13.5 SIMPLIFIED PROCEDURES FOR CERTAIN COMMERCIAL

ITEMS – SOLE SOURCE JUSTIFICATION AND APPROVAL

Program/Equipment: This is a sole source contract action in support of the Directorate of Public Works (DPW), Project Number FQ-00038-18 for the repairs and maintenance services of the computer for the Airfield Lighting Control and Monitoring Systems (ALCMS) at Fort Bragg, Pope Army Airfield, Simmons Army Airfield and Mackall Army Airfield, North Carolina.

Authority: Simplified Procedures for Certain Commercial Items, 41 U.S.C. 1901 as implemented by FAR Subpart 13.5.

Amount: for a base period of 12 months and four 1-year option periods.

Prepared by:

Purchasing Agent

DSN: 337-2008

Date: 09 April 2019

Email:

Contracting Officer:

Contracting Officer

DSN: 236-1671

Date: 09 April 2019

Email:

Technical:

DPW, OMD

DSN: 236-7206

Date: 09 April 2019

Email:

Requirements:

DPW, OMD

DSN: 236-4275

Date: 09 April 2019

Email:

Reviews: I have reviewed this justification and find it adequate to support sole source.

Program Manager:

Typed Name:

DSN: 236-9525 Signature:

Legal Counsel:

Typed Name:

DSN: 593-9843 Signature:

FAR Subpart 13.5 Simplified Procedures for Certain Commercial Items – Sole Source Justification and Approval

1. Contracting Activity: The Mission and Installation Contracting Command Center, Fort Bragg (MICC Center - FB), North Carolina (NC).

2. Description of Action: This is a sole source contract action in support of the Directorate of Public Works (DPW). MICC Center - FB as the contracting activity is issuing a

Firm-Fixed Price (FFP) new contract with Global Access Supply, Inc., 1671 E. 28th Street, Signal Hill, CA 90755, in partnership with Eaton’s Crouse-Hinds, 1200 Kennedy Road, Windsor, CT 06095. The Government projects to award the contract for June 2019 and for fiscal year 2019. Operations and Maintenance, Army funds will be used.

_X An acquisition plan is not required because this procurement does not meet the threshold at Defense Federal Acquisition Regulation Supplement 207.103(d)(i)(B).

3. Description of Supplies/Services: The proposed contract will facilitate the computer Airfield Lighting Control and Monitoring Systems (ALCMS) repairs and maintenance services. The computer for the ALCMS is the interface between the air traffic control tower and the airport lighting systems located at Fort Bragg, Pope Army Airfield, Simmons Army Airfield and Mackall Army Airfield, NC.

DPW current plan is to procure a maintenance and service repairs contract that will ensure continuous operation of the computer systems. The ALCMS is designed to revert to a fail-safe mode upon computer failure, communications failure, or loss of power.

Under fail-safe conditions, airport lighting equipment that is operating at the time of failure shall continue to work at the same intensity level. This action shall allow DPW to improve airfields maintenance.

Period of Performance: 01 June 2019 to 31 May 2024.

Base Period: 01 June 2019 to 31 May 2020 Value:

Option Period 1: 01 June 2020 to 31 May 2021 Value:

Option Period 2: 01 June 2021 to 31 May 2022 Value:

Option Period 3: 01 June 2022 to 31 May 2023 Value:

Option Period 4: 01 June 2023 to 31 May 2024 Value:

Total:

FAR Clause 52.217-8 option: 01 June 2024 to 30 November 2024.

4. Authority Cited: Simplified Procedures for Certain Commercial Items, 41 U.S.C. 1901 as implemented by FAR Subpart 13.5:

Unusual and compelling urgency Exclusive licensing agreements Industrial mobilization _X_ Other – Proprietary Rights to Equipment and Software

5. Reason for Authority Cited: As described at FAR 13.501 (2)(i), justifications and approvals are required under this subpart only for sole source (including brand-name) acquisitions or portions of an acquisition requiring a brand-name. If the justification is to cover only the portion of the acquisition which is brand-name, then it should so state; the approval level requirements will then only apply to that portion.

On or about 26 August 2018, Services are needed to satisfy requirements for DPW to procure repairs and maintenance to the ALCMS computer. The ALCMS is the interface between the air traffic control tower and the airport lighting systems located at Fort

Bragg, Pope Army Airfield, Simmons Army Airfield and Mackall Army Airfield, North

Carolina. The ALCMS conveys commands and monitors information in real time via the airport network between the air traffic controller workstation and the lighting vault.

Equipment status and alarm conditions are transmitted to the air traffic control tower and the lighting vault. All the industrial computers, as well as the Constant Current Regulator

(CCR) interface device, are designed with sufficient built-in computing capacity to reduce the amount of information transmitted over the communication links. The systems are designed to operate as a combined system and also to independently operate emergency programs in the event of a communication or component failure. Through market research it was discovered that Eaton Crouse-Hinds had proprietary rights over the existing equipment and software.

On or about 04 December 2018, our office contacted Eaton Crouse-Hinds to secure further sole source documentation that confirmed they had sole proprietary for support for this system.

On or about 30 January 2019, the Regional Sales Manager representative for Airport Lighting Products a division of Eaton’s Crouse-Hinds Series provided the sole source letter that indicated they are the only authorized supplier of equipment and services required for standard System maintenance, software modifications and required system upgrades for the ALCMS at Ft Bragg, Pope AFB and any outlying fields associated with the Bases that require an ALCMS. The letter was revised and signed on 29 March 2019.

DPW has managed the ALCMS for years with the use of the Government Purchase Card. DPW current plan is to procure a maintenance and service repairs contract that will ensure continuous operation of the computer systems. The ALCMS is designed to revert to a fail-safe mode upon computer failure, communications failure, or loss of power. Under fail-safe conditions, airport lighting equipment that is operating at the time of failure shall continue to work at the same intensity level. The systems are designed to operate as a combined system and also to independently operate emergency programs in the event of a communication or component failure.

Impact: A break in service would cause delayed support which would cause an immediate negative impact on Soldiers mission and training. Without this contract, Warfighters would not receive timely Mob/De-Mob services, nor would Garrison Support airfield functions be fully operational. It is critical to have proper experienced contract staff to complete the many essential tasks outlined in the Performance Work Statement (PWS). The contractor shall provide a work force possessing the skill, knowledge, and ability to perform the services required by this contract.

The Contracting Officer has determined there is only one responsible source available as a result of Eaton’s Crouse-Hinds, owning the proprietary rights to its system. The ALCMS installed is government owned, however the computer program and system design are proprietary in nature to Eaton’s Crouse-Hinds. Eaton’s Crouse-Hinds is the original equipment manufacturer of the ALCMS in question. Subsequently, because of this the system must be maintained by Global Access Supply, Inc. in partnership with Eaton’s Crouse-Hinds. No other offeror can service the equipment in accordance with the above.

6. Efforts to Obtain Competition: The Contracting Officer shall publish the notices required by FAR 5.201 by publishing the Notice of Intent to Award on a Sole Source Basis.

a. Effective Competition: Because this is a sole source action, effective competition is not applicable.

b. Subcontracting Competition: In accordance with FAR part 19.702 (b)(1), subcontracting plans are not required for contracts from small business concerns. In addition this is a sole source effort based on proprietary information as mention above.

7. Actions to Increase Competition: The Government conducted market research on 11 January 2019 on the subject requirement under the North American Industrial Classification System (NAICS) code 238210. At this time, there is no reasonable expectation that other maintenance service providers will be able to service the equipment due to its proprietary nature. The Government will continue to engage in market research during which time the Government will explore and identify possible alternative solutions for the ALCMS System.

8. Market Research: The extent of market research conducted was based on the following 238210:

a) Commerciality Determination: The services associated with this requirement are customarily available in the commercial marketplace without modifications. The needs are not military unique. Commercial sources are available. The ALCMS repairs and maintenance requirement is for services of a type offered and sold competitively in substantial quantities in the commercial marketplace industry, as Federal and State airports conduct this type of requirement base on established market price for specific tasks and under standard commercial terms and conditions, these services fit the definition of “commercial item” per paragraph (6) of the definition in FAR part 2.101.

b) Pre-solicitation Conferences: Meetings have been continuously held since 10 October 2018 between staff from the DPW and MICC Center-FB in order to discuss the possible review PWS.

c) Review of recent market research results for similar or identical services. The research was conducted In Accordance With (IAW) FAR part 10. The market research conducted on 11 January 2019, on subject requirement under the North American Industrial Classification System (NAICS) code 238210, and the results of this research revealed no contracts suitable for this requirement.

d) North American Industry Classification System (NAICS) Code Selection: In accordance with IAW FAR Part 10, market research was conducted and this requirement is classified under the North American Industry Classification System (NAICS) code 238210 - “Electrical Contractors and Other Wiring Installation Contractors” with a size standard of $15M and is defined as: “This industry comprises establishments primarily engaged in installing and servicing electrical wiring and equipment. Contractors included in this industry may include both the parts and labor when performing work. These contractors may perform new work, additions, alterations, maintenance, and repairs”.

e) Conclusion. Market research clearly established that the Government’s proposed contract will ensure proper ALCMS computer repairs and maintenance service located at Fort Bragg, Pope Army Airfield, Simmons Army Airfield and Mackall Army Airfield, NC.

Therefore; based on the information above, and IAW FAR 6.302-1(b)(3), only one supplier can furnish the service given the existing circumstance.

In accordance with Defense Federal Acquisition Regulation Supplement (DFARS) 205.205-71, DFARS 206.302-1(d), and DFARS Procedures, Guidance and Information (PGI) 206.302-1(d), a sources sought was posted to the Federal Business Opportunities.Gov (FedBizOpps.gov) on 07 February 2019 for 23 days and the results were three (3) responses received, of which, three (3) were confirmed to be small business concerns.

9. Interested Sources: The Government issued a sources of sought synopsis notice posted on 07 February 2019 with a closing date of 01 March 2019 at 1:00p.m. EST.

Three commercial sources responding to express interest in this acquisition.

Three capability statement were received as follows: Journey Construction & Development, Inc., Dakato Hawk Construction, Inc., and, Sayers Construction, LLC.

After the evaluation of the capability statement appears no to have the necessary experience to accomplish the requirement; nevertheless, due to Eaton’s Crouse-Hinds ownership of the property rights to the ALMCS may have the necessary proprietary legal authority to perform maintenance and service as required and no other sources could provide the requested services. The other establishments could not meet the experience and specifications to support repairs and services to the ALCMS computer. Further review of this type of procurement history showed that previous requirements were also procured to Global Access Supply, Inc. in partnership Eaton’s Crouse-Hinds.

Notice. In accordance with FAR 6.305(a) the justification shall be published on fbo.gov within fourteen (14) days after contract award.

10. Other Facts: Procurement History. No previous contract exists. The ALCMS conveys commands and monitors information in real time via the airport network between the air traffic controller workstation and the lighting vault. Equipment status and alarm conditions are transmitted to the air traffic control tower and the lighting vault. All the industrial computers, as well as the CCR interface device, are designed with sufficient built-in computing capacity to reduce the amount of information transmitted over the communication links. The systems are designed to operate as a combined system and also to independently operate emergency programs in the event of a communication or component failure.

11. Technical Certification: I certify that the supporting data under my cognizance which are included in the justification are accurate and complete to the best of my knowledge and belief.

Typed Name: Date:

Title: DPW, OMD Signature:

12. Requirements Certification: I certify that the supporting data under my cognizance which are included in the justification are accurate and complete to the best of my knowledge and belief.

Title: DPW, OMD 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 made using the following: X_ price analysis cost analysis X_ IGCE audit: other

As a part of this basis, certified cost or pricing data is not required because the item and/or services being acquired are considered commercial.

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: