Forklift_J&A_Redacted.pdf

Justification for an Exception to Fair Opportunity

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Is this a brand name product justification? Yes No If yes, please provide the following information.

Brand Name Product Title:

Telehandler

Brand Name Product Description:

Xtreme XR4030 Telehandler Forklift

1. Contracting Activity: AFTC/PZIOA

2. Purchase Request:

3. Program Name (and Program Element, if applicable): AFRL/RWMW

4. Estimated Cost/Price of the Order (including options):

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

6. Fair Opportunity Exception: FAR 16.505(b)(2)(i), subparagraph (A) (B) (C) (E)(D)

7. Type Determination: Class Individual

Date

24 Jan 2018

Signature

Date

25 Jan 2018

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 or SCCO) [ 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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(1) Contracting Activity:

The Contracting Activity is the Contracting Division, AFTC/PZIOA, Eglin AFB, FL 32542. The Contracting Officer is his is a Limited Sources Justification using a brand name requirement or equal.

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

This order is for a Xtreme XR4030 Telehandler Forklift or similar piece of equipment. A core group of AFRL/ RWMW test personnel consisting of one PhD Mechanical engineer, 2 testing engineers, and 3 range test technician made determination that this Telehandler is the safest, most efficient method to place and remove 35,000 lb targets in support of AFRL/RW's explosive and ballistic missions.

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

This order is for a Xtreme XR4030 Telehandler Forklift. Telehandler forklifts now replace cranes and forklifts on many construction sites and anyplace where heavy lifting is required. The boom extends out an additional 16.3 feet from the picture shown below allowing the telehandler to place heavy objects up to 30 ft. high or 16 ft. in front of the lift. This model can lift up to 40,000 lbs.

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

FAR 16.505(b)(2) requires the Contracting Officer to provide each awardee under a multiple award contact, a fair opportunity to be considered for each order exceeding $3,000 unless a statutory exception applies. The specific circumstance that justifies restriction for this acquisition is FAR 16.505(b)(2)(i)(B), “Only one awardee is capable of providing the supplies or services required at the level of quality required because the supplies or services ordered are "unique or highly specialized” The items are peculiar to one manufacturer. A brand name item, whether available on one or more schedule contracts, is an item peculiar to one manufacturer.

The C64-B test site require handling of 6 ft. diameter by 6 ft. long cylindrical concrete targets that weigh up to 34,000 lbs. These targets have to be placed in a cradle that rolls into a large ballistic catch tank. The 10k forklift on site cannot handle targets this size. Market research identified that the XR4030 by Xtreme is the only telehandler that meets AFRL's requirements. The Xtreme XR4030 Telehandler Forklift has a unique capability of 40,000 lb. lifting capacity, 16' boom extension for close quarter maneuvering for lifting cumbersome loads and a 30' height reach. These are all attributes that are required for placement of pre-test target placement and post-test target removal. Post-test target removal is especially difficult and dangerous due to steel and concrete expended targets in confined spaces.

(5) Determination by the Contracting Officer that the anticipated cost to the Government will be fair and reasonable:

This is a firm fixed price award. Market conditions and previous contract actions show that the prices are fair and reasonable.

Based upon competition and market research, the contracting officer has determined it is in the best interest of the government, price and other factors considered.

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(6) Other facts supporting the justification:

This posting to FEDBIZOPPS will be for 21 days to allow for adequate vendor review. AFRL's market research indicated that this is the only manufacturer that makes a telehandler of this size and requirements.

(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:

We will continue to search the commercial market in the future for other manufacturers of telehandlers that may have the necessary capacities to meet the requirement.

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

The Contracting Officer's signature on the signature page provides evidence that he/she certifies that the justification is accurate and complete to the best of his/her knowledge and belief.

(9) Certification of technical/requirements personnel that supporting data is accurate and complete:

As evidenced by his/her signature on the signature page, the Program Manager certifies that any supporting data contained herein, which is his/her responsibility, is both accurate and complete.

(10) Determination by the approving official that one of the circumstances in FAR 16.505(b)(2)(i) applies to the order

As evidenced by my signature on the signature page, I hereby determine that the fair opportunity exception checked in block 6 (Page 1) applies.