W9127825R0019_Construct FEMA Inspection Bldg JnA_Redacted.pdf

J&A Control # 25-0001

Justification and Approval (J&A) For

Other Than Full and Open Competition

1. Contracting Activity: U.S. Army Corps of Engineers (USACE), Directorate of Contracting, Mobile Regional Contracting Center, P.O. Box 2288, Mobile, Alabama 36628-0001.

2. Description of Action: This Justification and Approval (J&A) is to specify LPI, Inc. brand name LPOHAH-1428 3-Axis Electric Gantry Type Manlift System in Solicitation W9127825R0019 for construction of the United States Federal Emergency Management Agency (FEMA) Temporary Transportable Housing Unit (TTHU) Inspection Building (IB), in Selma, AL. This construction project will be a Firm Fixed Price Design Bid Build (DBB) Contract, using no year funds 70 0702 – Disaster Relief Fund, Federal Emergency Management Agency, Homeland Security. The anticipated Period of Performance (POP) is 540 calendar days from Notice to Proceed (NTP).

3. Description of Supplies/Services: This procurement is a single requirement for the United States FEMA TTHU IB, in Selma, AL. The Statement of Work for this project shall include the construction of an IB (11,980 SF) at the FEMA Site in Selma, AL. The IB shall be a Pre- Engineered metal building with insulated metal wall and roof panels. The IB shall be designed and constructed with a motorized gantry (manlift) system to reduce inspection time and increase inspection efficiency. The IB shall also include two Inspection Bays with a 6’-0” deep full-length Inspection Pit in each bay and four motorized Overhead Doors. The contractor is to provide all work required to deliver a complete and functioning project at the end of the job. The scope of this justification includes only the overhead lift system and not the entire IB. It is intended that LPI, Inc’s LPOHAH-1428 3-Axis Electric Gantry Type Manlift System will be used. The Rough Order of Magnitude estimate for the entire project is . For the brand name specifications, the Government’s estimate for the LPI Lift System is

4. Authority Cited: The statutory authority permitting acquisition of this requirement by other than full and open competition is 10 U.S.C 3204(a)(1), as implemented by FAR 6.302-1(a)(2), Only One Responsible Source and no other supplies or services will satisfy agency requirements.

5. Reason for Authority Cited: As set for the in FAR 6.302-1(a)(2), when the supplies or services required by the agency are available from only one source, or for DoD, National Aeronautics and Space Administration (NASA), and the Coast Guard, from only one or a limited number of sources, and no other types of supplies or services will satisfy agency requirements, full and open competition need not be provided. This authority is applicable to brand-name descriptions in accordance with FAR 6.302-1(c). Additionally, FAR 6.302-1(c)(ii)(A) & (B) state the J&A approval/threshold requirements are only applicable to the portion of the acquisition specific to the brand-name specifications, and the J&A should indicate that the use of such descriptions in the applicable portion of the acquisition are essential to the Government’s requirements, thereby precluding consideration of a product manufactured by another company.

a. Background: FEMA conducts routine inspections on equipment such as manufactured homes and travel trailers for disasters. The current process involves an up-close inspection with workers bringing in ladders for the parts of the equipment that cannot be viewed from the ground. This process is lengthy, with an average of 20-25 manufactured homes or 35-45 travel trailers being inspected daily. Installation of a manlift system custom made for the envelope of the building would result in an expedited process where up to 40% more homes or trailers could be inspected on a daily basis.

b. Justification: The brand name specification is essential to the Government’s requirements because it is the only product that will work with the FEMA Inspection Building that is currently in Final Design Phase. The system is an electric overhead gantry, telescoping personnel lift comprised of a bridge assembly that will travel lengthwise on a crane type rail which will be mounted on gussets or suspended from a building structure situated on the vertical building supports. The bridge will span the width of the bay and travel lengthwise along the guiderail (approximately 140'). The spanning bridge will include a powered truck assembly that will convey a telescoping mast back and forth across the width of the booth. The telescoping mast will raise and lower the operator platform. The controls to operate the lift in all three axes of movement will be located in the operator platform. There will be a control tether along one side of the lift bridge, hanging down from the bridge, that will allow for raising and lowering the operator platform from the ground level. The movement of the lift will allow an operator to move completely around, and over the top of, a product that is approximately 14’ wide x 13’-6” high x 74’ long and provide for approximately 24” clearance between the operator platform and the side of the product.

The CESAM Engineering Design Branch designed the IB and found there were no other similar products that could meet the characteristics above. In addition, a notice of intent to utilize the brand name specifications was posted to the System for Award Management (SAM). The results from the industry contractors supported this conclusion. A summary of those results is provided later in this document.

c. Alternative: Extensive review and analysis of the available products and responses to the Notice of Intent (NOI) supports the Government’s conclusion that there are no alternatives available to the Government that are of the same characteristics as LPI, Inc’s LPOHAH-1428 3-Axis Electric Gantry Type Manlift System. The notice of intent yielded two responses. Rogue Industries only provided a capability statement as a prime contractor but no relevant information regarding the brand name specifications. IHS Solutions Services, LLC (IHS) listed two manufacturers they believed to be viable substitutes for the LPI, Inc Manlift System. However, adequate details regarding these alternatives were not provided to evaluate whether these products would meet the salient characteristics. Through the catalogs, brochures, and website links provided by IHS Solutions Services, LLC, the equipment manufactured by Gorbel and Pettibone appear to be for the lifting of machinery and/or cargo, not personnel. The Contracting Officer followed up with the firm for additional details on 31 October 2024; however, no response was received from IHS Solutions Services, LLC. LPI, Inc’s Lift System currently has no known competitors. The proposed manlift equipment will be custom made for the envelope of the building. Due to the special design for the manlift that is custom to the project, LPI’s proprietary design solution for the Inspection Building is the only source. LPI, Inc has manufactured lifts for over 30 years, resulting in LPI being a leader in the market for customized lift solutions. This lift utilizes LPI Lift technology as well as specific dimensions suited for the FEMA Inspection Building.

d. Impact: The primary mission of FEMA is to help people before, during, and after disasters by providing financial and technical assistance to affected individuals, families, and businesses. This includes help with lodging, rental, home repairs, and accessibility needs. The lift system by LPI would streamline the inspection of manufactured homes and travel trailers, allowing more to be readily available. The cost (not in dollars) is to the mission by slowing the number of Transportable Temporary Housing Units (TTHUs) dispatched to house the disaster survivors. Inspecting TTHUs in the most time sensitive manner is paramount to FEMA’s mission and success. FEMA calculates the cost of housing survivors in hotels at approximately $150 per family, per night. Any undue delays in the inspection of TTHUs could lead to increased cost to the Government in alignment with the above. With the most recent storm events that have made landfall on Florida and North Carolina, back-to-back, FEMA trailers are needed even more for all of the citizens who have lost their homes and personal belongings. If proprietary equipment like that of LPI’s lift system is not acquired, there will be continued delays in providing relief to victims of natural disasters, which prevents FEMA from providing their full support.

6. Efforts to Obtain Competition:

a. Effective competition: The Contracting Officer published the notices required by FAR 5.201, as described below, and any bids or proposals shall be considered. In accordance with FAR 5.2, Synopses of Proposed Contract Action, a NOI under NAICS 333923, Overhead Traveling Crane, Hoist, and Monorail System Manufacturing, to include the brand name specifications for LPI, Inc. 3-Axis Electric Gantry Type Manlift System was posted on 24 October 2024 with a response date of 08 November 2024. Two firms responded to the notice. Those emails are found within PCF (W9127825R0019_Brand Name NOI SAM Response – Rogue Industries and W9127825R0019_Brand Name NOI SAM Response – IHS Solutions Services, LLC).

b. Subcontracting competition: Because the system itself is proprietary and can only be installed by the manufacturer, the LPI Manlift System must be purchased. The equipment will be purchased by subcontract of the competitively selected prime contractor for the construction of the FEMA Inspection Building. LPI, Inc. is a Small Business, Small Disadvantaged Business, and Women Owned Small Business. Other support efforts such as electrical supply and utilities for the inspection building will still be available for subcontracting opportunities.

7. Actions to Increase Competition: There are no known actions that can be taken to increase competition. Another NOI would be completed for future procurements to increase competition for similar future procurements that would not result in increased project costs, reduced efficiencies, and increased overhead costs.

8. Market Research: As detailed within Para. 5(c) above, the NOI dated 24 October 2024 resulted in two responses, of which, one response recommended two alternatives that were deemed unsuitable. IHS Solutions Services, LLC sent products from two manufacturers that were not suitable because they were not manlifts, rather they were for lifting machinery. Further, they did not provide any product data or examples of previous installations. The Contracting Officer asked IHS for this information on multiple occasions via email, but no response was received from IHS. The other response from Rogue Industries provided no product information at all. The Contracting Officer analyzed available options through internet searches and each response, and sought answers from manufacturers as to each alternative product’s suitability for the project. There are no known alternatives to the LPI, Inc Manlift System that can meet all the requirements of the project.

9. Interested Sources: This J&A will be posted with the issuance of the solicitation in accordance with FAR 5.102(a)(6).

10. Other Facts:

a. Procurement history: This is a new procurement.

b. Acquisition Data Availability: NA – Technical data packages, specifications, engineering descriptions, statements of work, or purchase descriptions are not available and cannot be developed to allow full and open competition under the circumstances specific to this procurement.

c. Unusual and Compelling Urgency: NA – FAR 6.302-2 is not the authority cited for this justification.