1.a._J_and_A_-signed.pdf

Justification and Approval (J&A) for Other Than Full and Open Competition

FOR OFFICIAL USE ONLY

FOR OFFICIAL USE ONLY

NOTE: If a Justification and Approval was approved for the preceding acquisition, a copy of the approved J&A for the predecessor action must be included in the staff package for approval of the instant J&A. This applies to J&A staff packages that are submitted for review and approval at a level above the contracting officer. The predecessor J&A will be used as a reference document by the approving official.

Choose the funding level for this J&A Document:

< $700K > $700K and < $13.5M > $13.5M and < $93M > $93M

Contracting Activity: 7th Contracting Squadron

Purchase Request / Local ID Number: F1R4MD5266AW01

Program / Project (and PE, if applicable): 7 MDG / STERIS MAINTENANCE & REPAIR CONTRACT

Program Type (PEO or Other Contracting):

Authority (include full title): FAR 6.302-1 "Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements "

Estimated Contract Cost (including options): $80,290.18 J&A Type: Class Individual

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Date Sarai Crosby, 1st Lt, USAF

Project Manager

7 MDG/SGSM 461-5341

Signature

X

Date

16 Feb 2016

LaToyer Furbush, MSgt, USAF Contracting Officer

7 CONS/LGCS 461-3551

Signature X

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Date SHAYLA A. CANTYSMITH, Maj, USAF

Chief of the Contracting Office

7 CONS/CC 461-2352

Signature

X

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Note 1: See guidance at the end of this document for completing the following sections.

Note 2: Each field will expand automatically if additional space is needed.

I. Contracting Activity.

Department of the Air Force, 7th Contracting Squadron, 381 Third St., Bldg 7238, Dyess Air Force Base, TX 79607-1581

II. Nature and/or description of the action being processed.

Brand Name Justification and Approval for Other Than Full and Open Competition using Simplified Acquisition Procedures.

The Firm Fixed price contract will be a new contract. The contractor will provide calibrations, chamber cleaning, maintenance, and repairs for two (2) STERIS sterilizers within the 7th Medical Group (7 MDG) Dental Clinic.

III. Description of supplies/services required to meet agency needs.

The contractor will provide the following services in sustainment of two (2) STERIS sterilizers within the 7th Medical Group (7 MDG) Dental Clinic to include: the boiler tanks and steam generator housed on both units: Sterilizer 1: ECN: 007717: 16 IN.

CENT VAC SD 480V REC; Serial # 0336209-05 and Sterilizer 2: ECN: 008438: AMSCO 400 16X16X26 PVAC SD SLIDE REC ELEC 240V; Serial # 0327613-29. The contractor is responsible for the following: a) Steam Sterilizers- 2 PM inspections annually (b) Electric Sterilizers- 4 PM inspections annually (c) Generators(Stand Alone)- 4 PM inspections annually (d) V-PRO VHP Sterilization Systems- 2 PM inspections annually, or every 750 cycles, whichever is more frequent (e) Washers- 4 PM inspections annually (f) Surgical Equipment- 2 PM inspections, and (g) System 1E- 4 PM inspections annually. In the past, these services were provided by STERIS Corporation; comprehensive maintenance and repairs monthly and chamber cleaning and calibrations, which were completed annually. These services were paid for on a monthly basis using the Government Purchase Card (GPC). This was a recurring service and the total cost annually exceeded the threshold of $2,500 for the payment of services utilizing the GPC resulting in the need for a contract. For this effort, the contract is estimated to be awarded by 1 March 2016 with a one-year base period with four (4) one -year option periods. The total period of performance with be 1 March 2016 to 29 February 2022 with the ability to extend services no more than six (6) months using FAR 52.217-8, "Option to Extend Services" if needed. Due to the Government's need for the continuity of services , cost of disrupting services, and the cost of awarding a new contract, it is in the best interest of the Government to include options.

The Contracting Officer will consider market conditions prior to the exercise of an option. The total estimated value (including options) of this contract is $80,290.18. The requirement will be funded using 3400 Operation and Maintenance money.

IV. Statutory authority permitting Other than Full and Open Competition.

The statutory authority permitting other than full and open competition is 10 USC 2304(c)(1) as implemented by FAR 6.302-1(a)(2), "Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements "..."when the supplies or services required by the agency are available from only one source, or, for DoD, NASA and the Coast Guard, from only one or a limited number of responsible sources, and no other type of supplies or services will satisfy agency requirements, full and open competition need not be provided for ." In this particular acquisition, the service and equipment required is deemed to be available from only one source. Steris Corporation is the only service provider of this equipment, and they have no authorized distributors or service providers for calibration services and maintenance.

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V. Demonstration that the contractor's unique qualifications or nature of the acquisition requires the use of the authority cited above (applicability of authority).

According to FAR 6.302-1(a)(1), in order to be considered as the "Only One Responsible Source", STERIS must provide a unique service, for which they also demonstrate a unique capability to provide the service, which is not otherwise available and does not resemble the substance of a pending competitive procurement. Due to proprietary reasons and licensing restrictions, STERIS is considered the only responsible source to fulfill this requirement. The sterilizers that will be serviced are manufactured by STERIS Corporation and are considered highly specialized technical equipment. STERIS is the sole factory-authorized supplier of parts and service for STERIS equipment, which is a major system for the 7th MDG Dental Clinic. All replacement parts manufactured or marketed by STERIS Corporation are compliant with original equipment manufacturer (OEM) specifications. These parts are sold and shipped directly to the end user of the products. Distributors are not utilized.

STERIS has over 950 factory trained personnel who maintain the STERIS equipment through preventative maintenance agreements assuring that STERIS-manufactured equipment continues to operate in compliance with OEM specifications.

Utilizing a Independent Service Organization to minimize cost would require the 7 MDG to verify certification standards for each third party company used to ensure that the minimum qualifications to work on the equipment are met. Through market research, no other companies were found that were capable of conducting calibrations and chamber cleaning on the MDG equipment items to be maintained. Therefore, the determination has been made that there are limited or no other companies able to meet the needs of the Government for this requirement.

VI. Description of efforts made to ensure that offers are solicited from as many potential sources as practicable.

In accordance with DFARS PGI 206.302-1(d) "Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements ", a sources sought synopsis was issued 17 November 2015, on Feb Biz Opps (https://www.fbo.gov/) to determine potential vendors capable of providing STERIS services. Synopsis, F1R4MD5266AW01 listed the 7 MDG equipment that would require maintenance and repairs as well as the frequency of services needed. After posting for 15 days, no responses were received. As a result, it was determined that there are no other sources available for the maintenance, repair, and inspections of STERIS equipment. Additionally, STERIS Corporation provided a written statement explicitly stating that no other source is authorized to supply, service, manufacture, or distribute STERIS equipment.

This requirement will require a synopsis IAW FAR 5.102(a)(6).

VII. Determination by the Contracting Officer that the anticipated cost to the Government will be fair and reasonable.

Based on market research, STERIS has provided similar services to Vandenburg AFB, under contract FA4610-15-P-0050. A comparison of the quote provided to Dyess AFB and services performed at Vandenberg AFB reflect the same pricing for Comprehensive Maintenance ($6,544.00) and Chamber Cleaning ($1,095). Additionally, research via the EZQuery database, suggested similar costs were paid by Columbus AFB under contract number FA9022-12-F-0008. The anticipated cost of this requirement will be determined fair and reasonable based on a comparison of proposed prices to historical prices paid by the Government for the same or similar services and through market research IAW FAR 6.303-2(b). However, the Contracting Officer is not limited to these anticipated techniques and will utilize all available methods to determine price fair and reasonable.

VIII. Description of the market research conducted and the results, or a statement of the reasons market research was not conducted.

In accordance with FAR Part 10 "Market Research", the terms stated by the government were sufficient in describing the needs of the requirement and identifying that this requirement is commercially available. Market Research techniques included contacting knowledgeable individuals in the 7th Medical Group, and contacting STERIS regarding market

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capabilities available to meet the requirement. STERIS provided a sole-source letter illustrating the restrictions placed on their equipment, as a result of licensing and warranties. Queries on Government databases were conducted via FPDS-NG, GSA Advantage, and EZ Query using the keyword "STERIS", as it relates to the specific item being serviced for this requirement, to ensure that STERIS is the sole provider of STERIS instruments, services, and spare parts. Additionally, a sources sought was issued on 17 November 2015 to allow interested parties to submit information pertaining to their capabilities to fulfill the requirement. As stated in Section VI, the request was publicized for 15 days and received no responses. Research showed that STERIS was the sole provider for these services performed on this particular equipment.

Authorization by STERIS has to be granted for performance on STERIS equipment; STERIS is the sole authorizer. It was determined that no other alternate sources have been authorized to solicit or sell such services. Additionally, a modification of the requirement is not possible because no alternate equipment would satisfy the agency's need due to STERIS being the sole-distributor of the equipment manufactured and authorizer to replace existing parts. This market research and an explicit sole-source statement provided by STERIS Corporation supports the decision for Other Than Full and Open Competition.

IX. Any other facts supporting the use of Other Than Full and Open Competition.

FAR 13.106-(1)(b)(1)(i) allows for purchases not exceeding the simplified acquisition threshold to be solicited from one source if the contract action deems only one source available. The STERIS equipment is required to operate in compliance with OEM specifications, resulting in the need for Brand Name parts in order to meet PMCL and NIST standards. STERIS is the owner of the proprietary patents and copyrights including brand names, trademarks, trade names, logos, and other intellectual property.

The STERIS equipment items are listed below:

1. Sterilizer 1: ECN: 007717: 16 IN. CENT VAC SD 480V REC; Serial # 0336209-05

2. Sterilizer 2: ECN: 008438: AMSCO 400 16X16X26 PVAC SD SLIDE REC ELEC 240V; Serial # 0327613-29

X. List of sources, if any, that expressed interest in the acquisition.

(See Section VI Above)

XI. A statement of the actions, if any, the agency may take to remove or overcome any barriers to competition before making subsequent acquisitions for the supplies or services required.

At the time of option renewal a market analysis will be conducted to survey current conditions and ensure that the exercising of the option is in the best interest of the Government.

XII. Certification by the Contracting Officer.

As evidenced by my signature above, I have determined this document to be both accurate and complete to the best of my knowledge and belief.

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XIII. Certification by the technical/requirements personnel.

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

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Page of International Agreement Competitive Restrictions Page of NOTE: If a Justification and Approval was approved for the preceding acquisition, a copy of the approved J&A for the predecessor action must be included in the staff package for approval of the instant J&A. This applies to J&A staff packages that are submitted for review and approval at a level above the contracting officer. The predecessor J&A will be used as a reference document by the approving official.

Choose the funding level for this J&A Document:

J&A Type:

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Note 1: See guidance at the end of this document for completing the following sections.

Note 2: Each field will expand automatically if additional space is needed.

I. Contracting Activity.

II. Nature and/or description of the action being processed.

III. Description of supplies/services required to meet agency needs.

IV. Statutory authority permitting Other than Full and Open Competition.

V. Demonstration that the contractor's unique qualifications or nature of the acquisition requires the use of the authority cited above (applicability of authority).

VI. Description of efforts made to ensure that offers are solicited from as many potential sources as practicable.

VII. Determination by the Contracting Officer that the anticipated cost to the Government will be fair and reasonable.

VIII. Description of the market research conducted and the results, or a statement of the reasons market research was not conducted.

IX. Any other facts supporting the use of Other Than Full and Open Competition.

X. List of sources, if any, that expressed interest in the acquisition.

XI. A statement of the actions, if any, the agency may take to remove or overcome any barriers to competition before making subsequent acquisitions for the supplies or services required.

XII. Certification by the Contracting Officer.

XIII. Certification by the technical/requirements personnel.

GUIDANCE

I. Contracting Activity.

Fully identify the contracting agency and organizational activity responsible for the proposed contracting action. Specifically identify as a “Justification for Other Than Full and Open Competition.” Identify purchase request number, if applicable.

II. Nature and/or description of the action being processed.

State whether the action will be awarded as a new contract or by modification to an existing contract (identify contract number) and identify the type contract planned (e.g., firm-fixed-price, cost-plus-incentive-fee, etc.). If exception 2 is cited (unusual or compelling urgency), state date of UCA/contract/modification issuance and amount.

An individual J&A cannot be used to support more than one contract irrespective of the quantities or the dollar value stated therein. If a proposed contract will contain unpriced options (including NTE prices), those options must be supported by a separate J&A prior to option exercise or the J&A supporting the basic contract must be a Class J&A. For Class J&A situations where the number of contracts in the class can be identified: (1) Provide brief general description of actions, (2) identify the document as a Class J&A, (3) identify the supplies and services that are being acquired, and (4) for each contract in the class identify the contractor; estimated value; type of contract and rationale for contract length; and estimated award date. Where the same information applies to more than one contract within the class, it need only be stated one time. (FAR 6.303-2(b)(2)).

III. Description of the supplies/services required to meet agency needs. (FAR 6.303-2(b)(3))

Specifically describe the supplies and/or services to be acquired including the estimated value (including options) and quantity of each item, the total estimated value of the acquisition, and the estimated delivery dates/periods of performance. For example, if commodities are being procured with technical data, support equipment, and support services (staff-hour quantity of support hours) each should be listed, not just commodity quantities. If all of the ancillary requirements associated with a particular item are not specifically described in the J&A, those ancillary requirements cannot be included in the resulting contract unless a second J&A covering those ancillary requirements is executed. Also, state the type of appropriation (e.g., 3600, 3010, 3400) that will be used to fund each requirement listed.

Here is an example of such a list:

“Under the contemplated contract, ABC Corporation will provide the following supplies and services in sustainment of the XYZ program:

(1) Approximately 30,030 staff-hours will be acquired each year for: (a) depot-level (Level II) maintenance on eight XYZ systems around the world and routine (Level 1) maintenance on the two systems located at ABC Corporation's facility, (b) help desk services (24 hours/day, 7 days/week) to provide daily assistance to military personnel to maintain the systems, and (c) software releases for the XYZ system (including any deficiency releases needed to fix minor problems that occur after a major release) and maintenance training on those software releases. The period of performance of this effort will be from January 2005 through 30 September 2005, and 3400 appropriations will fund this effort.

(2) Approximately 2,640 staff-hours will be acquired each year to convert seventeen XYZ systems into seventeen QRS systems to enable a transportable weather system to be deployed into forward locations in order to provide polar ingest capability outside the UMQ-13 polar footprint. Deliveries of these items will occur between January 2005 and March 2006, and 3400 appropriations will fund this effort.

(3) . . .

(N) . . .”

If approval for more than one fiscal year requirement is needed, give the rationale for this request. Generally, the scope of these actions is limited to current requirements only, so that actions may be taken to facilitate competition for out-year requirements. In some cases, there are no feasible actions that could develop future competition, and it is reasonable to seek approval for more than one fiscal year's requirements.

For ID/IQ or requirements contracts, use the maximum dollar value of the total estimated orders as the estimated J&A dollar value.

IV. Statutory authority permitting Other Than Full and Open Competition.

10 USC 2304(c)(?) (see Note 1 below), as implemented by FAR 6.302-? (see Note 2 below), required by FAR 6.303-2(b)(4).

Note 1: Complete the 10USC 2304(c) citation with the statutory subparagraph cited in the (a) Authority (1) Citations portion of the Competition exception used for your J&A.

Note 2: Complete the FAR citation with the appropriate subparagraph.

Note 3: For class J&As, all contracts within the class should fall within the same statutory authority. Where a different authority must be used for any contract action, a separate J&A should be prepared.

V. Demonstration that the contractor's unique qualifications or nature of the acquisition requires the use of the authority cited above (applicability of authority).

Provide, in narrative form, a detailed explanation supporting and clearly relating to the conditions described by the FAR for using the particular authority cited. This section is normally the most detailed part of the justification as the essence of the justification is presented here. For acquisitions that include both supplies and services, separately justify the use of the authority for the services and supplies. (FAR 6.303-2(5))

Contracting without providing for full and open competition shall not be justified on the basis of lack of advance planning by the requiring activity or concerns related to the amount of funds available (e.g., funds will expire) (FAR 6.301(c)). To assist you, the following information is provided:

A. Only One Responsible Source (FAR 6.302-1)

In the case of a follow-on contract for continued development or production of a major system or highly specialized equipment/services, the rationale must first justify the supplies/services as being a “major system” or “highly specialized.” The rationale must then justify “either” substantial duplication of cost to the government that is not expected to be recovered through competition, or unacceptable delays in fulfilling the agency's requirements, whichever situation applies. If both of these situations apply, the rationale can be based on either of these two situations, or both

Discuss the use of restrictive brand name descriptions in requirements documentation here under Part V. An acquisition that uses a brand name description or other purchase description to specify a particular brand name, product, or feature of a product peculiar to one manufacturer does not provide for full and open competition regardless of the number of sources solicited. If a brand name will be used, you must justify it and clearly explain why a specific brand produced by a single company is required, as opposed to allowing free and open competition. The justification should indicate that the use of such descriptions in the acquisition is essential to the Government's requirements, thereby precluding consideration of a product manufactured by another company. (FAR 6.302-1(c))

(Brand-name or equal descriptions, and other purchase descriptions that permit prospective contractors to offer products other than those specifically referenced by brand name, provide for full and open competition and do not require justifications and approvals to support their use.)

Subsection 1. When using this exception…

(a) Describe the system or support element to which supply/service to be procured under the contemplated acquisition relates in terms of its purpose and its capabilities. Describe how the contemplated acquisition relates to that system or support element. State what work the current contractor has been performing. Include the current contract number, basis of award for that contract award (competitive/sole source), when the contract was awarded, and when the contract will expire. If the work the contractor will perform under the contemplated acquisition is being done under an ACAT I or II program, state that designation. If the work will not be done under an ACAT I or II program, provide a detailed explanation from a technical perspective as to why the supplies/services to be procured are “highly specialized.” This section must summarize your justification by including the main point(s) of the justification.

(b) If the planned acquisition is a “bridge” effort, which contains options, so state and explain why options are necessary.

(c) Add a concluding sentence to the end of this paragraph, suitably tailored; e.g., “Therefore, this acquisition will be a follow-on contract for the continued production of a major system,” or “Therefore, this acquisition will be a follow-on contract for the continued development of highly specialized equipment,” or “Therefore, this acquisition will be follow-on contract for the continued development of a major system,” or “Therefore, this acquisition will be a follow-on contract for the continued production of highly specialized equipment,” or “Therefore, this acquisition is for continued performance of a highly specialized service.”

Subsection 2. When using this exception, describe in 3-4 sentences the contractor's unique/highly specialized capabilities and/or qualifications (e.g., facilities, personnel, special tooling acquired). (FAR 6.303-2(b)(5))

Subsection 3. When using this exception, you should begin with the following sentence, suitably tailored: “The (XXX SPO, or XXX Wing) believes that award to any other source would result in substantial duplication of cost to the Government that is not expected to be recovered through competition and unacceptable delays in fulfilling the Air Force's requirements.” Then, discuss either or both of the following situations (although only one of these situations is needed; if the facts exist to support both, then provide that information):

(a) When the rationale is based on substantial duplication of cost, state the approximate cost and state that the cost could not be recovered through competition. When FAR 6.302-1(a)(2)(ii) is cited for follow-on acquisitions as the basis for the justification, include an estimate of the anticipated cost to run a competition offset by the amount of cost that would be duplicated. Include the rationale for the amount of cost that would be duplicated (e.g., training required so that another source could acquire the skills necessary to perform the effort, equipment, facilities) and how the estimate was derived (e.g., development costs incurred by the Government under the existing contract or similar programs). (FAR 6.303-2(b)(9)(ii))

(b) When the rationale is based on unacceptable delay, state how long it would take someone else to obtain this capability (e.g., months, years) and why, and provide a detailed explanation of the impact or problem caused by the delay. For example, the impact of not adding additional quantities of launch support services staff-hours to an existing contract might cause a launch to not occur as scheduled, thus delaying the operational use of a spacecraft, thus reducing the constellation's operational availability - and thus reducing (or precluding) the ability of the war fighter to accomplish specific missions.

Subsection 4. When using this exception, you should include one of the following sentences, whichever is applicable:

(a) “Accordingly, XYZ Corporation is the only firm capable of providing the supplies and services described in Section III above without the U.S. Air Force experiencing substantial duplication of cost that could not be expected to be recovered through competition.”

(b) “Accordingly, XYZ Corporation is the only firm capable of providing the supplies and services described in Section III above without the U.S. Air Force experiencing unacceptable delays in fulfilling its requirements.”

(c) “Accordingly, XYZ Corporation is the only firm capable of providing the supplies and services described in Section III above without the U.S. Air Force experiencing substantial duplication of cost that could not be expected to be recovered through competition and unacceptable delays in fulfilling its requirements.”

B. Unusual and Compelling Urgency (FAR 6.302-2, 6.303-2(a)(b)(iii), DFARS PGI 206.302-2)

Contracting Officers shall contact SAF/AQC at usaf.pentagon.saf-aq.mbx.saf-aqc-workflow@mail.mil as soon as practicable when contemplating an award under the authority cited in FAR 6.302-2 for J&As requiring SPE approval. Provide an explanation why (1) the supplies or services are needed at once because of fire, flood, explosion, or other disaster, or (2) essential equipment or repairs to that equipment are needed at once, e.g., to preclude impairment of launch capabilities or mission performance of missiles or missile support equipment, eliminate imminent grounding of the XX fleet crucial to what mission of the USAF and Defense of the Nation. In other words, identify the anticipated serious injury to the Government, the nature of the urgency, the reasons for it occurring and why it is “urgent and compelling” to preclude adverse impact to military readiness. Merely citing a Joint Urgent Operational Need (JUON),Force Activity Designator (FAD) rating, Program Management Directive (PMD)/Program Action Directive (PAD) guidance, or DX priority rating is not in and of itself sufficient reason to use this exception from the requirement to obtain full and open competition. Note that only the minimum quantity required to satisfy the unusual and compelling urgency qualifies for this exception; thus, this exception might not suffice to justify option quantities. For example, a JUON covering an entire program may not necessarily warrant a class J&A for all program requirements. The inclusion of future “unknown” requirements in class J&As proceeding on this basis is disfavored. In addition, actions covered by a relevant JUON should, a) cite the JUON, b) describe the nature of the need covered by the JUON, and c) describe the relationship between the JUON and the requirements contemplated under the J&A (e.g., whether the J&A includes requirements not covered by the JUON, whether the J&A covers just a portion of the JUON's scope, etc.). JUONs can provide important support for the J&A; however, the J&A is a stand-alone document and should not rely solely upon the fact that a JUON has been issued as a basis for approval. Activities are under a continuing duty to ensure maximum competition practicable under the circumstances, and JUONs to not automatically provide relief from that duty.

The exception for “unusual and compelling urgency” does not authorize a sole source contract. This exception only authorizes limitation to the greatest number of potential sources than can fulfill the requirement in the time needed. Therefore, the J&A should also describe the method and rationale for identifying the sources to which the solicitation will be limited. If the solicitation is to be limited to only one source, the J&A must be based on an exception that authorizes selection of a single source.

C. Industrial Mobilization; or Engineering, Developmental, or Research Capability (FAR 6.302-3)

The most important part of justifications citing this authority is demonstrating the need to maintain the capability possessed by the identified source(s). Some form of market survey may be critical in demonstrating the uniqueness of this capability.

D. Authorized or Required by Statute (FAR 6.302-5)

It is imperative to identify what is being acquired and the applicable statute authorizing other than full and open competition. Note: Some statutes do not require a written J&A.

E. National Security (FAR 6.302-6)

Provide the minimum essential information needed to establish validity of the justification. This information will make the J&A a classified document. Special handling procedures are required for processing such documentation to the approval authority. Only parties with a “need to know” and the proper level of security clearance should be permitted access to the documentation. Such acquisitions are also exempt from synopsis under FAR 5.202(a)(1).

F. Public Interest (FAR 6.302-7)

This authority may only be used when none of the other authorities is appropriate and may not be made on a class basis. Provide detail addressing the reasons full and open competition is not in the public interest and why no other authority is appropriate for use.

VI. Description of efforts made to ensure that offers are solicited from as many potential sources as practicable.

Describe all efforts taken (or to be to be taken) to ensure that offers are solicited from as many potential sources as practicable under the circumstances. Although Market Research is covered in Section VIII, the information in Section VI should correlate with the Market Research described in Section VI. The following issues should be addressed in this paragraph:

Sources Sought Synopsis. If a sources sought synopsis was issued, state the date the synopsis was issued, the synopsis number, and a brief description of its content. If any responses were received, describe in detail the results of the screening process and the rationale for determining the unacceptability of any synopsis respondents. This is particularly important when citing the authority of 10 USC 2304(c)(1), “Only one (or a limited number of) responsible source(s)”, since it is this survey of the market place that confirms our assumptions regarding the capability of industry to meet our needs.

Address whether this acquisition will require a synopsis IAW FAR 5.201. If the proposed action was not or will not be synopsized, cite the specific authority for not doing so (FAR 5.202) and the rationale for the synopsis exception. Note that although synopsis of proposed contract actions initiated pursuant to FAR 6.302-2 may not be required, use of this authority is not an automatic exemption from synopsis. (FAR 5.202(a)(2)).

Other Actions. In this paragraph, discuss any other actions taken or planned to facilitate competition for this acquisition. The discussion should include actions tried or considered even if the actions were unsuccessful. If the efforts were unsuccessful, so state and describe why.

Qualifying Country Sources. If qualifying country sources have expressed interest, but are to be excluded, provide supporting rationale.

VII. Determination by the Contracting Officer that the anticipated cost to the government will be fair and reasonable.

Include a statement by the contracting officer that the anticipated cost will be considered fair and reasonable and provide the basis for this determination. The steps that will be taken to ensure the final contract price will be fair and reasonable are also described here. Describe the extent of cost or price analysis anticipated including the requirements for certified cost or pricing data, technical evaluations, and audits. (FAR 6.303-2(b)(7)) VIII. Description of the market research conducted and the results, or explain why market research was not conducted.

Discuss any market research conducted pursuant to FAR Part 10 and describe results of that research. Market research is any effort undertaken to determine if sources capable of satisfying the agency's requirements exist and to determine if commercial items or non-developmental items are either available or can be modified so that they will satisfy the agency's needs. Market research should be focused not only on identifying alternate sources, but also on alternate equipment or substitutes that might fill the government needs with only minor modification. Regardless of the approach used, the results should provide a high level of confidence that no other qualified sources exist.

Generally, some form of market research should be conducted, but it is most critical when citing the authority of FAR 6.302-1, Only one (or a limited number of) responsible source(s). Under such circumstances, use the following sentence: “As described in Section VI above, market research, in accordance with FAR Part 10, was conducted by synopsis of the proposed acquisition, advising industry of the pending acquisition and soliciting inquiries from interested parties.”

When other exceptions from the requirement to obtain full and open competition are relied upon, the market research might be limited to an examination of the acquisition history and experience with the marketplace under previous acquisitions for the same or similar items.

If no market research was conducted, so state and provide the rationale.

IX. Any other facts supporting the use of Other Than Full and Open Competition.

Provide any other facts supporting the use of other than full and open competition, including an explanation of why technical data packages, specifications, engineering descriptions, statements of work, statements of objectives, or purchase descriptions suitable for full and open competition have not been developed, are not being developed, are not being used, or are not available. (FAR 6.302-1(b)(2) and 6.303-2(b)(9)(i)).

X. List of sources, if any, that expressed interest in the acquisition.

State “See Section VI above.”

XI. A statement of the actions, if any, the agency may take to remove or overcome any barriers to competition before making subsequent acquisitions for the supplies or services required.

Describe any actions taken or to be taken to foster competition for future acquisitions of the supplies or services being acquired. Describe potential actions that could be undertaken to remove the barriers to competition that have been identified in the justification and include a milestone schedule for accomplishing these actions. For example, if a follow-on competitive acquisition is planned, so state and give planned award date (FAR 6.303-2(b)(11)), or state the Government will attempt to acquire rights in technical data and computer software sufficient to compete follow-on acquisitions as a priced option in the contract action that is the subject of this J&A, or (if applicable) state how the Government intends to challenge nonconforming markings on technical data and computer software delivered to it under previous contracts so those markings can be removed in order that that technical data and computer software may be used in support of a follow-on competitive acquisition, or describe plans to qualify additional sources.

Address efforts to ensure competition for future spare parts and maintenance in support of systems or equipment covered by the justification, even when these acquisitions will be accomplished by other organizations. Include a discussion on available breakout data.

If no actions are planned, so state and provide reasons. If approval is sought for more than one year, explain why a sole source effort is required for the planned time duration.

XII. Certification by the Contracting Officer.

As evidenced by his/her signature, the contracting officer has determined this document to be both accurate and complete to the best of his/her knowledge and belief. (FAR 6.303-2(b)(12)) XIII. Certification by the technical/requirements personnel

As evidenced by their signatures, the technical and/or requirements personnel have certified that any supporting data contained herein, which is their responsibility, is both accurate and complete. (FAR 6.303-2(c)) The following page contains a suggested template for “International Agreement Competitive Restrictions (IACR)”. The authority to prepare an IACR has been delegated from the HCA to the Contracting Officer. (AFFARS 5306.302-4) COORDINATION (AFFARS 5306.304(a)) ** The text in the signature blocks below is editable, including the title.

** To remove a row, click the "X" next to the signature block. CAUTION: Once removed, it can only be restored by downloading the BLANK FORM again.

APPROVAL (AFFARS 5306.304(a)) ** The text in the signature blocks below is editable, including the title.

** To remove a row, click the "X" next to the signature block. CAUTION: Once removed, it can only be restored by downloading the BLANK FORM again.

IV. Statutory Authority: 10 USC 2304(c)(4) as implemented by FAR 6.302-4, International Agreement.

VI. Certification of Accuracy and Completeness:

As evidenced by his/her signature, the contracting officer has determined the IACR to be both accurate and complete to the best of his/her knowledge and belief. The CO also approves the IACR.

As evidenced by his/her signature, the program/technical/requirements manager(s) have/has determined that any supporting data contained in the IACR, which is his/her responsibility, is both accurate and complete.

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