JA_Hamilton_125_Simplex Signed.pdf

JUSTIFICATION & APPROVAL

FOR OTHER THAN FULL AND OPEN COMPETITION

CONTROL NUMBER – 021

For Contracting U.S. Army Corps of Engineers

Invitation for Bid (IFB): W912DS23B0022

Building 125 Interior Renovation Fort Hamilton, New York

01 August 2023 (revised 04 Aug 2023)

PROJECT/EQUIPMENT: B125, Interior Renovation, Ft. Hamilton, NY

JUSTIFICATION REVIEW DOCUMENT FOR OTHER THAN FULL AND OPEN COMPETITION

CONTROL NO. 021

PROJECT / EQUIPMENT: (2) B125 Renovation, Ft. Hamilton

AUTHORITY: 10 U.S.C.

§2304(c)(1)

AMOUNT: (4) $47,000

Prepared By: NAME (Type or Print) TELEPHONE NO.

Stephen DiBari 917-790-8384

TITLE DATE

Technical Mgr. 7/20/2023 Contracting Officer: NAME (Type or Print) TELEPHONE NO.

Frank Cashman 917-790-8173

TITLE DATE

Same as 13 & 14 in J&A (5) Contracting Officer 7/20/23 Technical (6) NAME (Type or Print) TELEPHONE NO.

Mitchell Burns 410-962-4187

TITLE DATE

Fire Protection Engineer 7/18/2023 Requirements (6) NAME (Type or Print) TELEPHONE NO.

TITLE DATE

SIGNATURES ARE REQUIRED BELOW:

I have reviewed this J&A and find the justification adequate to support other than full and open competition Deputy for Small Business (7) NAME (Type or Print) TELEPHONE NO.

Justin Helfman 917-790-8004

TITLE DATE

District Small Business

Specialist 7/20/23

Project Manager (8) NAME (Type or Print) TELEPHONE NO.

If no PM, use N/A Stella Marco 917-790-8224

TITLE DATE

Project Manager 07/20/2023 Office of Counsel NAME (Type or Print) TELEPHONE NO.

Lorraine Lee 917-790-8055

TITLE DATE

Chief, Office of Counsel 7/20/2023 DCC/CCC Contracting Chf NAME (Type or Print) TELEPHONE NO.

TITLE DATE

Field Competition Advocate NAME (Type or Print) TELEPHONE NO.

TITLE DATE

CONTROL NO: 021 AUTHORITY: 10 U.S.C. 2304(c)(l)

JUSTIFICATION AND APPROVAL

FOR OTHER THAN FULL AND OPEN COMPETITION

Justification and Approval: B125 Interior Renovation, Fort Hamilton, New York

1. CONTRACTING AGENCY: Department of the Army New York District, Corps of Engineers 26 Federal Plaza New York, NY 10278

2. DESCRIPTION OF ACTION: The U.S. Army Corps of Engineers, New York District (CENAN) is requesting approval for usage of proprietary name items for a new construction contract that includes a fire alarm system at the B125 Renovation at Fort Hamilton, New York. The New York District is managing the construction for this project. This proposed action requires the construction awardee to procure the necessary equipment and services on a sole source basis utilizing a firm-fixed price supply contract. The type of funding for this action is O&M funding.

3. DESCRIPTION OF SUPPLIES/SERVICES OR NATURE OF CONSTRUCTION: This project consists in the renovation of Building 125 at Fort Hamilton. Some of the systems and elements within this project will require sole-source acquisition and are listed herein. The estimated delivery period for this equipment will be in accordance with commercial practices. No options are anticipated for these requirements. This is not a modification to an existing contract; this is a new construction contract to be awarded this FY. The requiring activity is Fort Hamilton, NY. The estimated construction duration is 425 calendar days from receipt of NTP. The projected date of award is 29 September 2023. The sole source items required are as follows:

A. Fire Alarm System

Below is the required equipment cost breakdown:

EQUIPMENT/SERVICE COMPANY EST. COST

Fire Alarm System Simplex $47,000 Total $47,000*

*This is estimated at 45% of total estimated cost of fire alarm for the project, in an attempt to estimate how much of the fire alarm cost will go to Simplex sole-source to cover materials provided by them (e.g.

panels, devices, appliances, etc.) and programming services. The majority of the cost of the system (~55%) will go to the electrical subcontractor, which will be openly competed, to cover materials purchased with full and open competition (e.g. conduit, wire, cabinets and junction boxes, etc.) as well as the labor of the electrical installer.

4. AUTHORITY CITED: 10 U.S.C. 2304(c)(1), as implemented by Federal Acquisition Regulation (FAR) 6.302-1(a) and 6.302-1(c), only one responsible source and no other supplies or services will satisfy agency requirements, and brand name descriptions.

5. REASON FOR AUTHORITY CITED: Successful completion of this project cannot be achieved without the specification of these brand name items and services. Alternative products/services are not available that are compatible with existing infrastructure. All new systems are required to be extensions of existing systems, and therefore must meet the installation’s requirements to use the brand name systems specified:

A. Background.

• Fire Alarm System: The fire alarm system for our project will be an extension to an existing

Simplex campus system on Fort Hamilton.

B. Justification.

• Fire Alarm System

- Fort Hamilton uses a Simplex-Grinnell Fire Alarm Campus system. Fort Hamilton Directorate of Emergency Services (DES) requires that each new facility and each facility undergoing a major renovation be integrated into the Simplex campus system. DES also requires that each in-building fire alarm system communicate to the central receiver via point-to-point communication. It is not possible to meet these customer requirements with fire alarm equipment manufactured by anyone except for Simplex. Simplex fire alarm equipment uses a proprietary communications protocol that no other manufacturer can provide. Simplex fire alarm equipment can only be programmed by technicians currently employed by Simplex.

- There is no equipment currently available on the market that could translate between non- Simplex fire alarm equipment and the existing Simplex system for point-to-point transmission. For clarity, point-to-point signal transmission means that no information is lost between the building and the base-wide central receiver.

C. Alternative.

• Fire Alarm System:

- It is not possible to send fire alarm signals point-to-point to the existing Fire Dept.

receiver using a transmitter provided by another manufacturer. The fire code (UFC 3- 600-01) requires that we send these signals so that the Fire Department can respond to a fire emergency in a timely manner. Fort Hamilton DES requires that the signal be sent via point-to-point transmission and will not accept an alternative.

- One alternative that is technically feasible would be to send a zoned signal, rather than a point-to-point signal. This would, as previously mentioned, fail to meet a key stakeholder requirement for point-to-point signals, but it is technically possible to do so. This would be accomplished by providing a Simplex transmitter and integrating it to the fire alarm system provided by others. This integration could only be partial –signals would be grouped together in zones according to device type. This causes a loss of information, such as the device location within the building, which is unacceptable to the DES stakeholder. In order to respond effectively to emergencies, Fort Hamilton DES requires not only signal type but location within the building. This is particularly important at Fort Hamilton since they do not have a fire brigade on post, and they rely on NYFD to fight fires. In order the assure quick response times, clear and complete signal information is crucial. This alternative is not acceptable.

- Another alternative would be to send the signal to another destination, rather than the Fort Hamilton DES. This also would be unacceptable to our stakeholder. In order to accomplish their mission, Fort Hamilton DES needs immediate and direct notification when an emergency occurs in one of their facilities, such as a fire or a hostile intruder. If the signals were instead sent to a third party that is not associated with Fort Hamilton DES, this will cause an extensive delay in notifying DES of the emergency on post, and will constrain their ability to both respond to the emergency in a timely manner, and to coordinate with NY City emergency responders as they enter the post if needed. This alternative is not acceptable.

D. Impact.

• Fire Alarm System: If we do not install a Simplex fire alarm system as part of this project, we will not be able to send fire alarm signals to the fire department as required by Code in the point-to-point format required by a key stakeholder: DES. DES will not accept any of the alternatives mentioned above. If we are not permitted to specify a Simplex system, we will be unable to satisfy the project requirements and Code because we are likely to end up with a fire alarm system that is incompatible with the existing Simplex campus system.

6. EFFORTS TO OBTAIN COMPETITION:

A. Notice of Intent to Sole Source was published on 25 July 2023. This contract will be awarded competitively. Only a small portion of the construction funds will be used to procure materials and services from sole-source vendors. The design team worked to ensure that most of the work on this project is being awarded through full and open competition, and that competition would be limited only when necessary to ensure a quality end product. The proprietary nature of the item will be stated in the technical section of the specifications and on the drawings.

B. Effective competition. Based upon the information in paragraph 5, competition for these items was not feasible. In accordance with FAR 5.102(a)(6), this brand name J&A will be posted with the solicitation. Notice requirements set forth in FAR 5.201 will be followed and all proposals received will be considered.

C. Subcontracting competition. In this single source situation, the Government intends to promote subcontracting throughout all elements of this solicitation. By doing so this will ensure that the prime contractor obtains as much competition as possible when subcontracting.

7. ACTIONS TO INCREASE COMPETITION: This contract will be awarded competitively. Only a portion of the construction funds will be used to procure materials and services from sole-source vendors. The majority of the construction funds will go to the prime and subcontractors through competitive awards. The electrical subcontractor will then have to hire Simplex as subcontractors to provide the materials and services described above, but the majority of the labor and materials associated with the fire alarm system will be openly competed and sourced. The design team worked to ensure that the vast majority of work on this project is being awarded through full and open competition, and that competition would be limited only when necessary to ensure a quality end product. The proprietary nature of the items will be stated in the technical section of the specifications and on the drawings. In accordance with FAR 5.102(a)(6), this brand name J&A will be posted with the request for proposal.

Notice requirements set forth in FAR 5.201 will be followed and all proposals received will be considered.

8. MARKET RESEARCH: At the moment it is not feasible to take actions to increase competition with respect to the items listed herein. The proprietary nature of existing infrastructure does not permit for alternate products or services to be used successfully. Market research was conducted by USACE Baltimore District (POC: Mitchell Burns). Because there are no other suitable providers for the items discussed herein, no further market research was conducted.

9. INTERESTED SOURCES: No responses to the Notice of Intent were received. No other sources will be solicited in accordance with exception provided by FAR 5.202(a)(1) and 10 U.S.C. 2304 (c)(1). A synopsis cannot be worded to preclude disclosure of the agency’s needs and such disclosure would compromise national security. The specification and plans for the overall procurement will be controlled by providing hard copies only upon request pickup and by disclosure of the requester for security purposes.

10. OTHER FACTS: All pertinent facts are included above.

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.”

Name: Mitchell Burns

Title: Technical Representative 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.”

Name: Stephen DiBari

Title: Technical Manager Signature: ________________________

13. FAIR AND REASONABLE COST DETERMINATION:

“I hereby determine that the anticipated cost to the Government for these items will be fair and reasonable. This determination will be based on price analysis of the competitively submitted offers from the General Contractors proposing on the construction contract. While these items will be acquired from a single manufacturer, competition among the General Contractors for the contract should yield fair and reasonable prices.”

Name: Frank Cashman

Title: Contracting Officer Signature: _________________________

14. CONTRACTING OFFICER CERTIFICATION:

“I certify that this J&A is accurate and complete to the best of my knowledge and belief.”

Title: Contracting Officer Signature: _________________________

15. APPROVAL

Based on the foregoing justification, I hereby approve the procurement for this out of scope change, as defined in the Scope of Work, on an other than full and open competition basis pursuant to the authority of 10 U.S. C. 2304 (c)(1), “Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements”, subject to the availability of funds, and provided that the services and property herein described have otherwise been authorized for acquisition.

Title: Contracting Officer Signature: _______________________