JnA FOPR Exemption.pdf

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

16 Jun 2022 Page 1 of 616 Jun 2022 Page 1 of 6

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: 90th Contracting Squadron/PKAB

Purchase Request / Local ID Number: F1Y3DA6182A001

Program Name (and Program Element, if applicable): FA461323F0079 B324 OSI Renovation (FRMACC) (Construction)

Estimated Cost/Price of the Order (including options): $586,673.00

Type Program (see AFFARS 5302.101 for definitions): PEO Program Operational Enterprise

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:

90th Contracting Squadron (90 CONS/PKA), F.E. Warren Air Force Base, Wyoming, 82005.

Contracting Officer: Liezel C. McIntyre

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

This requirement is for a Firm Fixed Priced Task Order Modification #13. The intended awardee is the incumbent contractor performing the Renovation of Building 324 for OSI project FA461323F0079. The approval is for a continuation of construction services estimated at $445,720.00, which increases the total contract value from $5,708,544.00 to $6,154,264.00. The modification incorporates out-of-scope work, including critical exterior concrete site work (stoops, curved slabs, and sidewalks), an underground fire suppression Post Indicator Valve (PIV), and required mezzanine structural, architectural, and finishing. This action is necessary to provide safe egress, equipment support, life-safety compliance, and structural completeness.

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

The contractor is required to provide all labor, materials, equipment, and supervision to perform the following additions under Modification 13:

1). Concrete Stoop (Bldg. 323): Provide a 5’w x 4’d x 8” thick, 4500 psi concrete stoop on the east side of Bldg. 323 in front of the man door. Install #5 rebar at 16” on center (o.c.) each way (e/w). Provide 30” long x 5/8” diameter rebar dowels, epoxied into the existing concrete foundation wall at 16” o.c. with a minimum 5” embedment. Compact base course under the slab. (Drawing sheet AX2, flagnote

2).Curved Concrete Slab (Bldg. 324): Provide a 3’-6”w x 40’ long x 4” thick, 4500 psi curved concrete slab near the mechanical enclosure at the southeast corner of Bldg. 324, paralleling the existing curved concrete slab. Demolish and remove the existing concrete slab at this location and compact the base course under the new slab. (Drawing sheet AX2, flagnote

3).Post Indicator Valve (PIV) (Bldg. 324): Provide a vertical post indicator valve on the north side of Bldg. 324, south of 10th Cavalry, near the main water line. This includes all associated underground utility work (water line, earthwork, etc.) coordinated with the Government. (Drawing sheet AX2, flagnote

4).West Sidewalk (Bldg. 324): Provide a 4’w x 30’ long, 4” thick concrete sidewalk on the west side of Bldg. 324. (Drawing sheet AX2, flagnote

16 Jun 2022 Page 2 of 616 Jun 2022 Page 2 of 6

5).East Sidewalk (Bldg. 323): Provide a 4’w x 150’ long x 4” thick concrete sidewalk along the east side of Bldg. 323. (Drawing sheet AX2, flagnote

6).Mezzanine Structural Finish Work (Bldg. 324): Incorporate structural finish items detailed on drawing sheets S2.1 and S2.2 (submittal 19c) and RFI No. DE #A03-SE1. This includes the demolition and reinstallation of 5/8” Type X gypsum board on the ceiling of the Mezzanine level (including Room 200), removal and reinstallation of batt insulation between roof rafters where required, and all associated utility coordination to relocate/reinstall electrical, plumbing, HVAC, and roofing system components.

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

This action is justified under the authority of FAR 16.505(b)(2)(i)(C) - Logical Follow-on; now known as RFO 16.507-6(b)(3).

Supporting Rationale:

Awarding this modification to the incumbent contractor is necessary in the interest of economy and efficiency. The proposed modification represents a logical follow-on to a task order already issued under fair opportunity. The incumbent is actively performing the overall interior facility renovation, including the design and installation of the primary interior wet-pipe fire suppression system.

- System Integration & Life Safety: The addition of the exterior vertical PIV is a direct safety control extension of the interior fire suppression system currently being installed by the incumbent contractor. Having the incumbent perform the waterline tie-in and valve placement ensures unified hydraulic design and direct compatibility, eliminating the risk of coordination gaps between different contractors on a critical life-safety system.

- Economy and Efficiency: Introducing a separate contractor to perform these localized concrete additions, civil trenching, and structural finishings would introduce significant operational inefficiencies, including:

a. Duplication of mobilization, site supervision, safety plans, and security badging costs.

b. Increased government oversight and risk associated with coordinating multiple active construction crews on overlapping utility lines and structural components.

c. Significant scheduling delays that would extend the project timeline, keeping the OSI tenant from occupying the facility.

- Teardown Coordination: The mezzanine structural work requires dismantling and reinstalling lines and drywall that the incumbent is currently installing and finishing. Having a second contractor cut into newly completed walls and MEP systems would create administrative and scheduling chaos in a tight physical space.

This action is justified as a logical follow-on under FAR 16.505(b)(2)(i)(B). The additional work is essential for project completion and was unforeseeable at the time of the original award. The specific circumstances were identified through formal engineering and safety reviews during project execution:

Latent Site Conditions: Unstable clay subsurface and the need for new ADA-compliant walkways were identified only after excavation began. These requirements were formally documented in RFI 034 on May 18, 2026.

Evolving Safety Requirements: The mandate for an exterior Post Indicator Valve (PIV) and the necessary structural reinforcements to support the new fire suppression system were identified through the formal submittal process. These needs were confirmed upon the government's approval of Submittal 50 on June 11, 2026, and further detailed in RFI 035 on July 10, 2026.

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

The Contracting Officer has determined that the anticipated cost to the Government is fair and reasonable. The contractor’s proposed price of $445,720.00 is $140,952.81 (24.03%) lower than the Independent Government Estimate (IGE) of $586,672.81.

Furthermore, the customer, the 90th Civil Engineer Squadron (90 CES), has reviewed the contractor's proposal and confirmed that the proposed mix of labor and materials is acceptable for the required work.

16 Jun 2022 Page 3 of 616 Jun 2022 Page 3 of 6

(6) Other facts supporting the justification:

- Historic District Boundary: Building 324 is located within the historic district boundary of F.E. Warren AFB. The incumbent contractor is already fully coordinated with the State Historic Preservation Office (SHPO) and base cultural resource managers.

Introducing a new contractor unfamiliar with the base's stringent historical preservation guidelines increases the risk of damage to historic fabric.

- Warranty Integrity: Splitting the MEP, structural, and concrete work between multiple contractors would void existing warranties. The incumbent's comprehensive warranty covers the overall HVAC, fire protection, and building envelope systems.

Having another contractor cut into walls, ceilings, and foundations would lead to disputed liabilities in the event of system failures or structural defects.

- Project Continuity: The project is a high-priority, high-visibility facility renovation for OSI. Maintaining single-source accountability prevents scheduling conflicts and guarantees the project is finished without disjointed transitions. Furthermore, paving operations under Bid Option 1 have already been active. If the concrete sidewalks, stoops, and underground utility work (such as the PIV water lines) are not completed immediately prior to final paving, the Government will lose the opportunity to use the concrete sidewalk as a compaction buffer, resulting in substandard asphalt compaction or structural damage to the historic building face. Delaying this work to a future competitive procurement is counterproductive, as the Government would be forced to immediately fund the demolition of the newly paved asphalt to install these concrete assets,

(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:

The need for this out-of-scope modification arose from unforeseen site conditions and late-stage engineering design requirements identified during the detail design phase of the design-build project. To remove barriers to fair opportunity in the future, the agency will:

1. Conduct more comprehensive pre-design civil surveys and utility investigations prior to drafting the initial Statement of Work.

2. Implement rigorous multi-discipline reviews during the pre-solicitation phase to ensure that all exterior site, utility, and structural egress features are captured in the base solicitation, thereby minimizing the need for subsequent sole-source modifications.

(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 Page 4 of 616 Jun 2022 Page 4 of 6

Date

04 Aug 2026

LIEZEL C. MCINTYRE, Civ, Contracting Officer

90 CONS/PKAB; 307-773-3411

Email: Liezel.mcintyre@us.af.mil

Signature

X

16 Jun 2022 Page 5 of 616 Jun 2022 Page 5 of 6

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 Page 6 of 6

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