Exception to Fair Opportunity_Redacted.pdf

This document is a Justification for an Exception to Fair Opportunity or Use of Brand-Name Restriction, submitted by the 502d Contracting Squadron for approval of a brand-name purchase.

The contracting activity is seeking to procure one RYNGLOK TOOL KIT (Part Number RTSK8-02-001, NSN 5180-01-378-8873) for the 12th Maintenance Squadron's Fabrication Flight at Joint Base San Antonio-Randolph. The action is a new Firm-Fixed-Price (FFP) Purchase Order issued as a competitive small business purchase under Purchase Request Number F3PT756103A001. The requirement is essential for installation and maintenance of Rynglok hydraulic tubing couplings on T-7 RedHawk aircraft. Eaton is the Original Equipment Manufacturer (OEM) holding exclusive proprietary rights to Rynglok systems, drawings, specifications, and manufacturing data, and has confirmed authorization of at least one distributor for these products. The Contracting Officer determined that anticipated costs will be fair and reasonable based on adequate price competition, with market research indicating at least four responsible independent vendors are expected to submit priced quotes. The justification cites FAR 16.505(a)(4)(i) brand-name exception authority and notes that the Government is acquiring necessary intellectual property and complete technical data to support future requirements and ensure competition in subsequent acquisitions. Actions to overcome barriers to competition include obtaining the intellectual property and technical data package from this acquisition to enable future competitive solicitations.