Redacted JA Simplex - DSCC Bldg 10 Reno - 23 JAN 24.pdf

LRL-FY24-32

JUSTIFICATION AND APPROVAL

FOR OTHER THAN FULL AND OPEN COMPETITION

1. Contracting Agency: U.S. Army Corps of Engineers (USACE), Louisville District, Post Office Box 59, Louisville, Kentucky 40201-0059.

2. Description of Action: This justification and approval (J&A) is being prepared to utilize a brand name item, Simplex fire alarm panel, for a firm fixed price (FFP) construction contract for the Building 10 USMC project at Defense Supply Center Columbus (DSCC), Columbus, Ohio. The government will not purchase the fire alarm panel directly, but rather brand name specifications will be included in the Design Build (DB) solicitation that will lead to a new FFP construction contract. The construction contract is planned to be awarded under a full and open solicitation, using Army MILCON funding.

3. Description of Supplies/Services: The fire alarm panel being installed is the Simplex 4100 ES

Fire Control Unit and will be utilized to integrate the new building into DTA’s installation wide Fire Alarm/Mass Notification System (FA/MNS). The estimated cost is Simplex is the sole Fire Alarm/MNS equipment and system used at Defense Supply Center Columbus.

4. Authority Cited: 10 United States Code (U.S.C.) 2304(c)(1), as implemented by Federal

Acquisition Regulation (FAR) 6.302-1(a)(2) “Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements.” This authority is applicable to brand name justifications in accordance with FAR 6.302-1(c)(1).

5. Reason for Authority Cited:

a) Background: The building being renovated consists primarily of high bay workspace that houses testing equipment used for durability testing of components and assemblies that are utilized on ground-based equipment and weapon systems. Construction will include install of a FA/MNS that meets current Unified Facilities Criteria (UFC) codes integrates seamlessly into the Installation’s existing Simplex system.

b) Justification: DSCC uses Simplex equipment exclusively for the Installation’s FA/MNS. These systems are comprised entirely of proprietary software developed by Simplex and Simplex licensed vendors, which is then licensed directly to end users such as the USMC. Simplex retains exclusive ownership of the software and does not authorize third parties to alter or add Simplex software or equipment. The new building is required to utilize Simplex equipment to integrate into and maintain the integrity of the Installation’s FA/MNS. No other system meets the technical specifications and necessary software requirements to be able to integrate into the current system.

c) Impact: In order for the renovated building to connect with the existing FA/MNS of the

Installation, the building’s system must be compatible with the equipment used by the rest of the Installation. Failure to establish compatibility would result in the building being unable to communicate with the DSCC Fire Department and Installation alert system. This creates unacceptable life safety risks, especially given the testing operations of the new building. Large hydraulic pumping equipment will be putting flammable liquids under extreme pressures.

Because of this the building is in an elevated fire protection risk category. Given this elevated risk, it’s imperative that the FA/MNS seamlessly integrate into the Installation wide system.

Additionally, DSCC uses a Simplex licensed vendor to install and service the FA/MNS equipment. Installing a different system would negate this contract for the building and create significant additional costs for the government. Another service contract would have to be established and additional training would be required for Installation personnel.

d) Alternatives: None viable to achieve a fully functioning system for the reasons noted above in paragraph 5. b) and c).

6. Efforts to Obtain Competition: Technical capabilities of various manufacturers were reviewed for compatibility to the FA/MNS. None of the various manufacturers' equipment are compatible with the existing system which currently utilizes Simplex FA/MNS equipment and software exclusively."

7. Actions to Increase Competition: Apart from the complete replacement of the current fire alarm system in its entirety, competition will be limited. The capabilities of manufacturers will be reviewed on future actions to determine if the situation has changed.

8. Market Research: A technical review was conducted during the design of the project for potential alternatives. As noted in section 5 above, only Simplex FA/MNS equipment and software will ensure seamless compatibility with the existing system.

9. Interested Sources: A notice of intent was posted on the SAM.gov website on (23 January 2024).

On 02 February 2024, a source reached out via email to express interest in an alternative Johnson Control product named Autocall. After technical evaluation of Autocall it was determined that the software, listening, and the interface are not compatible to that of existing Fire Control Unit.

Therefore, it is the best interest of the Government to use Simplex System as forementioned in paragraph five (5). If prior to issuance of the solicitations additional responses are received expressing interest, this justification will be amended.

10. Other Factors: None

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

ate

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

Project Manager

13. Fair and Reasonable Cost Determination: I hereby determine that an anticipated cost of the Siemens Talon HVAC Control software for the Aircraft Maintenance Hangar and Shops project at Alpena ANG, Michigan will be fair and reasonable based upon the estimate outlined in paragraph 3. At time of evaluating proposal price, the overall proposed price will be evaluated for fair and reasonableness. I recommend this approach to the prompt attainment of services for the upcoming construction.

Contracting Officer

14. Legal Review and Concurrence: I have reviewed this J&A and find the justification adequate to support other than full and open competition.

Date Assistant District Counsel (OC)