6ASInflatable Tents_BNJ Letter_Redacted.pdf

Justification for an Exception to Fair Opportunity or to Use Brand-Name Restriction

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@18"x5/8 and includes 3lbs mallet in carry bag

Power Distribution Box (Spider Box), 50A w/ 1x 30A L630, 4x 20A GFCI Duplexes, 20' 50A CS Feeder Cable, powder-coated aluminum enclosure, Square-D Visistrip Beakers with Viewing window, and leg/handle kit - NEMA 3R & UL1640 rated

Straight Blade extension cord, 14/3 SJO, Black, 25 (QTY 6x)

Stringable Outlet Box Kit, Model 400, QTY 10 20A GFCI Duplex, Stringable w/ 10'M and 1'F Leaders, Waterproof Cover, Mounting Hook and Retainer Strap, UL Rated

(4) Justification for restricting consideration to a brand-name item:

ZUMRO provides highly specialized services and equipment to the US military special operations units. The ZUMRO Model 400 inflatable tent is specifically designed to be rapidly inflatable and deployable by two personnel in under five minutes. Due to the nature of the highly specialized equipment, no other vendor has been able to provide an adequate solution to fill these tactical needs. Therefore, soliciting for similar products would create a substantial duplication of cost to the Government that is not expected to be recovered and would lead to an unacceptable delay in fulfilling the unit's requirements.

(5) Contracting Officer's determination that the anticipated cost to the Government will be fair and reasonable:

The anticipated costs of this purchase will be considered fair and reasonable based on the justifications listed in this document.

(6) Other facts supporting the justification:

Thorough market research was conducted in August 2022 by a two-person team consisting of one Readiness Research Consultant and one C-17A Aircraft Commander, who is knowledgeable in the tactical requirements to operate the C-17A in austere and isolated environments. This research was conducted by surveying the equipment used by our joint partners while considering the flexibility necessary to conduct rapid mobility operations. A list of vendors was compiled and contacted to inquire about equipment that could meet the need for rapidly deployable inflatable tents by a minimum of two personnel ZUMRO was found to be the only one able to meet this requirement. A thorough search was done by the Readiness Research Consultant using her years of experience in purchasing equipment, no other suitable vendors were found.

(7) Actions the agency may take to remove or overcome any barriers to decreasing the use of brand-name items before any subsequent acquisition of the supplies or services:

6 Airlift Squadron & 87th Contracting Squadron will continue to search for other sources for fulfilling operational needs via unit staff meetings and networking with other users in the community.

(8) Program Manager's certification that supporting data is accurate and complete:

As evidenced by my signature below, I certify that any supporting data contained herein, which is my responsibility, is both accurate and complete.

(9) Contracting Officer's certification that the justification is accurate and complete:

As evidenced by my signature below, I certify that the justification is accurate and complete to the best of my knowledge and belief.

(10) Approving Official's determination that FAR16.505(a)(4)(i) applies to the order:

As evidenced by my signature below, I hereby determine that the use of brand-name restriction applies.

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Date

13 Dec 2022

Program Manager Carolyn M. Franzen, Civ, USAF 6 AS RA/ 609-754-5629 ]carolyn.franzen.1@us.af.mil

Date

12 Dec 2022

Contracting Officer Sarah E. Brown, TSgt, USAF sarah.brown.22@us.af.mil

Date Local Legal Reviewer [ Name ] [ Office Symbol / Phone Number ]

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Date Chief of the Contracting Office (COCO) [ Name ] [ Office Symbol / Phone Number ]

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Date Competition Advocate [ Name ] [ Office Symbol / Phone Number ]

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Date Senior Contracting Official (SCO) [ Name ] [ Office Symbol / Phone Number ]

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Date Approval Authority [ Name ] [ Office Symbol / Phone Number ]

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Date [ Title ] [ Name ] [ Office Symbol / Phone Number ]

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Date [ Title ] [ Name ] [ Office Symbol / Phone Number ]

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Instructions for Completing the Template IAW FAR 16.505(b)(2)(ii)(B)

(2) State whether the action is a new order or a modification to an existing order. Identify the basic multiple award contract number and the order number for the current action. Also identify the type of the order/line items on the order (e.g., Firm Fixed price, Cost Plus Fixed Fee, etc.).

(3) Specifically describe the supplies/services to be acquired including the price/cost and quantity of each item in the order and the total estimated value of the order. For services, state whether services are performance-based, and if not, provide rationale for not being performance based. State the delivery/performance schedule/period for the items under the order. Explain how the requirement/order fits under the scope of the basic multiple award contracts.

(Note: The Contracting Officer must ensure that the order is issued within the period of performance and within the maximum value of the contract).

(4) Include the appropriate exception from FAR 16.505 (b)(2) and the supporting rationale. FAR16.505(b)(1)(i) requires the Contracting Officer to provide each awardee under a multiple award contract, a fair opportunity to be considered for each order exceeding $3,000 unless a statutory exception applies. The specific exception that precludes the fair opportunity process for this acquisition is FAR 16.505(b)(2)(i)(__) [Insert A,B, C, D, or E]. If a brand name product description is being justified, use this section to explain why the particular brand name, product, or feature is essential to the Government's requirements and why other companies' similar products/services do not meet, or cannot be modified to meet, the agency's needs.

FAR 16.505(b)(2)(i)(A): “The agency need for the supplies or services is so urgent that providing a fair opportunity would result in unacceptable delays”. When using this exception provide a detailed justification with supporting documentation that explains the exact urgency of the requirement and the mission impact if awarded to any other contractor. The user/customer typically provides this supporting information. Recommend attaching supporting documentation to the back of the document. General statements of urgency are not acceptable.

FAR 16.505(b)(2)(i)(B): “Only one awardee is capable of providing the supplies or services required at the level at the level of quality required because the supplies or services ordered are unique or highly specialized”. When using this exception provide a detailed justification, with supporting documentation, as evidence of the “unique or highly specialized” nature of the procurement. The user/customer typically provides this supporting information.

Supporting documentation may be attached to the back of the document. General statements are not acceptable.

FAR 16.505(b)(2)(i)(C): “The order must be issued on a sole-source basis in the interest of economy and efficiency as a logical follow-on to an order already issued under the contract, provided that all awardees were given a fair opportunity to be considered for the original order”. When using this exception provide information on the previously competed order under this contract and detail the economies and efficiencies that will be obtained by going sole source for the follow-on order. The user/customer typically provides this supporting information.

General statements are not acceptable.

FAR 16.505(b)(2)(i)(D): “It is necessary to place an order to satisfy a minimum guarantee.”

FAR 16.505(b)(2)(i)(E): “For orders exceeding the simplified acquisition threshold, a statute expressly authorizes or requires that the purchase be made from a specified source.”

Discuss the market research that was conducted by the user/technical team/contracting officer among the supplies/services of all awardees that resulted in the conclusion that a fair opportunity exception applied. The narrative in this section should provide a high level of confidence that the requirements of FAR 16.505(b)(1) and DFARS 216.505-70 could not be met. If no market research was conducted, state so and provide the rationale. If any other awardee expressed interest in fulfilling the requirement, but was not considered a potential source, explain why that awardee cannot provide the required supplies/perform the service.

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If the use of a brand name purchase description is being justified, the market research should include an analysis of any industry proposed alternative products or approaches to meeting the requirements. Additionally, the Government's efforts to identify as many potential sources as practicable offering the required brand name item(s) should be addressed.

(5) This paragraph needs to be tailored based on the types of CLINs in the order and the pricing arrangements on the basic multiple award contract. If the contract did not establish the price for the supply or service, the Contracting Officer must establish prices for each order IAW FAR 15.4. The paragraph needs to describe the steps that will ensure that the prices/estimated cost of the order will be fair and reasonable. For example, even if firm-fixed prices were obtained under adequate price competition in the award of the multiple award contract, the Contracting Officer still needs to consider market conditions and other factors that may have changed since contract award and explain the basis in the determination that prices/costs are fair and reasonable prior to award of the order.

(6) Provide any other facts supporting the use of exceptions to the fair opportunity process.

(7) Include a statement of the actions, if any, to be to be taken to remove or overcome any barriers that led to the exception to fair opportunity before any subsequent acquisition for the supplies or services is made. If no actions are planned, so state and provide reasons.