Brand_Name__FA3016-18-U-0231_fbo.pdf

Justification for an Exception to Fair Opportunity (FAR 16 under SAT)

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

Brand Name Product Title:

Brand Name Product Description:

1. Contracting Activity:

2. Purchase Request:

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

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) ( D) (F)

7. Type Determination (Class or Individual):

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

1" Smart Cell Tiles by Seamless Attentuating Technologies, Inc. (SATECH)

This is the smart cell (anti-fatigue) 1" thick, custom cushioned 3X3 rubber polymer tiles. The flooring has the ability to withstand 3 lbs PSI per sq ft in single areas for prolonged periods of time without permanent indentions, a ramping solution to prevent tripping, and warranty for greater than five years for rips and tears with two years for gluing.

N/A

Individual

Request this smart cell 1" thick flooring be approved to solicit as a brand name procurement. Market research shows there is no "or equal" product that will meet government need.

This 1" thick flooring consists of 3X3 rubber polymer tiles, withstands 3 lbs per sq ft in single areas for prolonged periods of time with no permanent indentions, a ramping solution to prevent tripping, a warranty for greater than five years for rips/tears & two years for gluing and minimizes fatigue of leg extremities of pharmaceutical technicians.

While competition for smart cell flooring is likely, the ability to sell an "or equal" product is not.

Salient characteristics of this flooring are currently unmatched by other vendors on the commercial market.

Justification for an Exception to Fair Opportunity (FAR 16 under SAT)

(6) Other facts supporting the justification:

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

The Contracting Officer's signature below 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 below, the Technical Personnel 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 F A R 1 6 . 5 0 5 ( b ) ( 2 ) ( i ) applies to the order

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

Research shows that flooring vendors do not make an "or equal" product to the smart cell flooring.

Current flooring does not prevent tripping hazards, prevent leg related fatigue or withstand constant weight and use as a result of material thickness of other commercial market flooring.

For future requirements, market research will be conducted by contacting the suggested source, internet research and by posting a sources sought notices on FedBizOpps to determine if the commercial market for smart cell and "or equal" flooring is available.

The government found history on FPDS-NG EZSearch for similar requirements and will be able to compare pricing to that provided in competition, on FPDS-NG EZSearch and by pricing on the vendor's website.