Attachment 1 - Emergency Pumps JA.pdf

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

CONTROLLED UNCLASSIFIED INFORMATION (CUI)

16 Jun 2022 CONTROLLED UNCLASSIFIED INFORMATION (CUI) Page 1 of 5

Is this a brand-name justification? Yes No

Is this a Bridge Action as defined in the AF Bridge Action Reduction Plan? Yes No

Contracting Activity: Contracting Activity:

2d Contracting Squadron 801 Kennedy Avenue, Suite 2301

Purchase Request / Local ID Number: TBD

Program Name (and Program Element, if applicable): Emergency Sewage Lift Station Pumps

Estimated Cost/Price of the Order (including options): $105,052.50

Type Program (see AFFARS 5302.101 for definitions): PEO Program Other Contracting

Type of D etermination: Individual Class Expires: [ click and select ]

Fair Opportunity Exception: FAR 16.505(B)(2)(i) (Check the applicable subparagraph below.)

(A) (B) (C) (D) (E) (F) (G) Check this box to display the FAR 6.302 exceptions.

Click here for instructions to complete the boxes below.

(1) Contracting Activity:

US Air Force Contracting Activity:

2d Contracting Squadron 801 Kennedy Avenue, Suite 2301

(2) Nature and/or description of the action being approved:

Since 01 November 2022, Barksdale AFB has experienced fourteen (14) sanitary sewer spills on the east side of base, six (6) of which were reportable to various Louisiana state agencies. The Louisiana Department of Environmental Quality (LDEQ) contacted Barksdale AFB in January 2023, requiring corrective action be taken to prevent these spills and mitigate infiltration into the Red Chute Bayou.

(3) Description of the supplies/services required to meet the agency's needs:

Emergency procurement of two (2) Sewage Pumps and necessary accessories required to resolve the sewage overflow problem in Liberty Heights (military family housing).

(4) Identification of the exception to fair opportunity and the supporting rationale:

Due to the constant overflow of sewage in Liberty Heights housing areas, Barksdale AFB is currently not in compliance with multiple regulations that state "no person shall conduct any activity which results in the discharge of any substance into the waters of the state without appropriate permit, variance, or license required under the regulations of the department." The base will receive a violation from the state of Louisiana and begin incurring fines unless a remedy action plan is implemented immediately.

An emergency bypass pump is currently being utilized, however, it is unable to support the amount of sewage generated in this area of base. All options to resolve these issues internally with equipment located on-base have been exhausted, and all efforts have proved unsuccessful. Only one (1) set of pumps and associated hardware/accessories are available to meet the minimum requirements for these repairs that would result in a quick and immediate solution (requiring no major modifications to the current system). The Flygt N pump is the only pump that meets the salient characteristics of having a reversible self-cleaning

16 Jun 2022 CONTROLLED UNCLASSIFIED INFORMATION (CUI) Page 2 of 5 capability, non-clog impellers, multi-vane for high efficiency, Adaptive-N Impeller and with axial movement for large solids.

Local vendors were contacted that carry these types of pumps, however, none were able to supply this specific equipment or deliver the items within the time-frame required to immediately prevent the overflow of sewage in Liberty Heights housing areas.

Because 2 CES/CEO has identified that the agency's need for these supplies is of such an unusual and compelling urgency that the Government would be seriously injured unless the agency acquires the items for these repairs immediately, full and open competition is not required IAW FAR 6.302-2(a)(2).

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

Gulf States Engineering, Co. Inc. has been deemed the only source capable of providing the listed items in the time-frame required for this emergency repair. As a result, 2 CONS will be soliciting from a single source IAW FAR 13.106-1(b)(1). The contracting officer will determine the proposed price as fair and reasonable IAW FAR 13.106-3(a)(2) prior to award.

(6) Other facts supporting the justification:

N/A

(7) Actions the agency may take to remove or overcome any barriers to increasing fair opportunity before any subsequent acquisition for the supplies or services:

Multiple local vendors were contacted that carry this type of product, but none of the companies were able to supply the specific equipment necessary. The local companies contacted are listed below:

1. Wholesale Pump

2. Red River Pump Specialists

3. DXP/SEPCO

Barksdale AFB intends to update and replace the current Legacy Sewage Pumps in upcoming years. Updated systems have more resellers of replacement parts and equipment, as newer models have more Commercially Off the Shelf (COTS) equipment available. This will overcome the current barriers preventing increased fair opportunity.

(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 one of the circumstances in FAR 16.505(b)(2)(i) applies to the order.

As evidenced by my signature below, I hereby determine that the fair opportunity exception checked on page 1 applies.

REMOVING ROWS: CAUTION (click here first) NOTE: The text in the signature blocks below is editable, including the title.

16 Jun 2022 CONTROLLED UNCLASSIFIED INFORMATION (CUI) Page 3 of 5

Date

12 Jan 2023

Randy M. McGinnis

2 CONS/PKP, 318-456-1353

randy.mcginnis@us.af.mil

Signature

X

16 Jun 2022 CONTROLLED UNCLASSIFIED INFORMATION (CUI) Page 4 of 5

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.

16 Jun 2022 CONTROLLED UNCLASSIFIED INFORMATION (CUI) Page 5 of 5

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.

https://usaf.dps.mil/sites/AFCC/KnowledgeCenter/templates_admin/aqc-front.jpg https://usaf.dps.mil/sites/AFCC/KnowledgeCenter/templates_admin/aqc-back.jpg Justification for an Exception to Fair Opportunity or to Use Brand-Name Restriction 16 Jun 2022 Page of Is this a brand-name justification?

Please provide the product title and description. [ FAR16.505(a)(4)(i) ] Is this a Bridge Action as defined in the AF Bridge Action Reduction Plan?

Type Program (see AFFARS 5302.101 for definitions):

Type of D etermination:

Fair Opportunity Exception: FAR 16.505(B)(2)(i) (Check the applicable subparagraph below.)

(1) Contracting Activity:

(2) Nature and/or description of the action being approved:

(3) Description of the supplies/services required to meet the agency's needs:

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

(4) Identification of the exception to fair opportunity and the supporting rationale:

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

(6) Other facts supporting the justification:

(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:

(7) Actions the agency may take to remove or overcome any barriers to increasing fair opportunity before any subsequent acquisition for the supplies or services:

(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.

(10) Approving Official's determination that one of the circumstances in FAR 16.505(b)(2)(i) applies to the order.

As evidenced by my signature below, I hereby determine that the fair opportunity exception checked on page 1 applies.

NOTE: The text in the signature blocks below is editable, including the title.

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.

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.

9.0.0.2.20120627.2.874785

2d Contracting Squadron 801 Kennedy Avenue, Suite 2301