Brand_Name_Justification.pdf

Limited Sources Justification and Approval (J&A)

March 2018 Page 1 of 3

Contracting Activity: 355 Contracting Squadron

Purchase Request / Local ID Number: F1P35A9079AW02

Program / Project (and PE, if applicable): Tank Monitoring System

Program Type (PEO or Other Contracting):

Authority: Multiple Award Schedule Program (FAR 8.405-6)

Estimated Contract Cost (including options): $100,000.00

Is this a Bridge Action as defined in the AF Bridge Action Reduction Plan? Yes No

Description of Limitation:

The extent of limitation is to limit the procurement of the tank monitoring systems to a single brand name, Veeder Root Automatic Tank Gauging (ATG) system.

COORDINATION (AFFARS 5306.304(a) )

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Date

21 May 2019

Contracting Officer Ryan Keller, TSgt, USAF Contracting Officer ryan.keller.2@us.af.mil

Signature

X

APPROVAL (AFFARS 5306.304(a) ) ** To remove a row, click the "X" next to the signature block.

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March 2018 Page 2 of 3

Remove guidance pages.

I. Contracting Activity.

355th Contracting Squadron, Ryan Keller, Contracting Officer

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

A one-time Firm Fixed Price (FFP) contract with the limitation to a Brand Name Justification & Approval is contemplated to procure Veeder Root ATG system. The government estimated pricing and history permits a realistic probable cost estimate.

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

Part Number: TLS450

(QTY: 1 EA) Veeder Root Console / Touchscreen with software & printer (QTY: 1 EA) Veeder Root Tank Monitoring Probe (QTY: 1 EA) Veeder Root Interstital Sensor (QTY: 1 EA) Veeder Root Transition Sump Monitor (QTY: 1 EA) Veeder Root Overfill Alarm with Acknowledgment Switch

IV. Identification of the justification/rationale for limiting sources and demonstration of the contractor's unique qualifications to provide the required supply/service.

The procurement of Veeder Root ATG systems is necessary because Davis-Monthan AFB currently uses Veeder Root ATG for all of the fuel system infrastructure for all of the servicing stations (4703, 4712, 7222, 7337). Veeder Root ATG is the only equipment that will suffice to ensure full system compatibility, competent troubleshooting, maintenance, annual calibration and the certification is VEEDER ROOT. Product Support for this equipment must be obtained from a VEEDER ROOT certified service provider. The installation of any other equipment will create an additional cost in funds, increased down time of mission critical assets and man-hours to locate authorized training providers and train personnel on a unique system as well as additional annual calibration and certification costs.

V. Determination by the ordering activity Contracting Officer that the order represents the best value consistent with FAR 8.404(d).

IAW FAR 8.405-1(a), ordering activities shall use the procedures of this subsection when ordering supplies and services that are listed in the schedules contracts at a fixed price for the performance of a specific task, where a statement of work is not required.

VI. Description of the market research conducted and the results, or explain why market research was not conducted.

After reviewing the market research conducted,which included a survey of previous acquisition history, reviewing the justification documents provided by the customer, and checking the mandatory sites such as UNICOR and Ability One, it was determined that this acquisition could most efficiently be completed as a brand name acquisition to Veeder Root ATG systems. The extent of limitation is to limit the procurement of Ballistic Helmets to a single brand name, Veeder Root. All supporting information can be found in the sole source Justification and Approval located in the contract file.

VII. Other facts supporting the justification.

March 2018 Page 3 of 3

VIII. Actions the agency may take to remove or overcome any barriers that led to the restricted consideration before any subsequent acquisition for the supplies or services.

The goal of the 355th Contracting Squadron is to utilize the most efficient and affordable services and supplies in an effort to meet the customers needs in any timely manner. The constant outreach to identify additional vendors via the available resources and previous acquisitions is our action to create more opportunity for competition.

IX. 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.

X. Certification by the technical/requirements personnel.

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

March 2018 Page of Authority: Multiple Award Schedule Program (FAR 8.405-6) Is this a Bridge Action as defined in the AF Bridge Action Reduction Plan?

COORDINATION (AFFARS 5306.304(a)) ** To remove a row, click the "X" next to the signature block.

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APPROVAL (AFFARS 5306.304(a)) ** To remove a row, click the "X" next to the signature block.

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( See guidance at the end of this document for completing the following sections. ) I. Contracting Activity.

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

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

IV. Identification of the justification/rationale for limiting sources and demonstration of the contractor's unique qualifications to provide the required supply/service.

V. Determination by the ordering activity Contracting Officer that the order represents the best value consistent with FAR 8.404(d).

VI. Description of the market research conducted and the results, or explain why market research was not conducted.

VII. Other facts supporting the justification.

VIII. Actions the agency may take to remove or overcome any barriers that led to the restricted consideration before any subsequent acquisition for the supplies or services.

IX. Certification by the Contracting Officer.

X. Certification by the technical/requirements personnel.

GUIDANCE

I. Contracting Activity.

Fully identify the contracting activity responsible for the proposed contracting action. Include the name/phone number of the Contracting Officer. Specifically identify as a “Limited Sources” Justification. Identify purchase request number, if applicable.

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

State whether the action is a new order or by modification to an existing order. Identify the GSA schedule number, the Blanket Purchase Agreement (BPA) number, the order number for the current action, and the Contactor(s). Indicate the Period of Performance (PoP). Also identify the type of the order/line items on the order (e.g. Firm Fixed Price, Labor Hour, etc).

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

Specifically describe the supplies and/or services to be acquired including the price and quantity of each item in the order and state the total estimated value of the order. For services, state whether the services are performance-based and, if not, provide rationale for not being performance based. Also state the delivery/performance schedule/period for the items under the order.

IV. Identification of the justification/rationale for limiting sources and demonstration of the contractor's unique qualifications to provide the required supply/service.

This section is normally the most detailed part of the justification. To assist you in preparing this justification, an introductory sentence and the four circumstances of FAR 8.405-6 that justify restricting the number of schedule holders are provided below. Select the appropriate cite, then provide, in narrative form, a detailed explanation supporting the specific circumstance cited for limiting the number of schedule holders.

(Introductory sentence) FAR 8.405-6 requires an ordering activity to justify its actions when restricting consideration of schedule contractors to fewer than required in FAR 8.405-1 or 8.405-2.

After selecting the appropriate cite, next select one of the four sentences below and provide a detailed explanation supporting the specific circumstance cited.

FAR 8.405-6(a)(1)(i)(B), “Only one source is capable of responding due to the unique or specialized nature of the work”. (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. Recommend attaching supporting documentation to the back of the document. General statements are not acceptable.)

FAR 8.405-6(a)(1)(i)(C), “The new work is a logical follow-on to an original Federal Supply Schedule order provided that the original order was placed in accordance with the applicable Federal Supply Schedule ordering procedures.” The original order was not issued under sole source or limited source procedures. (Provide details on the previously competed order and explain how this order is a logical follow-on to that order. Explain fully the connection between the previous work/order and the current one. The user/customer typically provides this supporting information. General statements are not acceptable.)

FAR 8.405-6(a)(1)(i)(A), “An urgent and compelling need exists, and following the ordering procedures would result in unacceptable delays.” (Provide a detailed justification with supporting documentation that explains the exact urgency of the requirement and the schedule impact if time were to be taken to follow FSS ordering procedures. 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 8.405-6(b)(1), “The item is peculiar to one manufacturer. A brand name item, whether available on one or more schedule contracts, is an item peculiar to one manufacturer.” (Brand name specifications should not be used unless the particular brand name, product or feature is essential to the Government's requirements. Therefore, explain why the particular brand item is essential to the Government's requirements, and why other companies' similar items, or products lacking the particular feature, do not meet, or cannot meet, or cannot be modified to meet, the agency's need. The user/customer typically provides this supporting information. General statements are not acceptable.)

V. Determination by the ordering activity Contracting Officer that the order represents the best value consistent with FAR 8.404(d).

This section needs to be tailored based upon whether the order is for supplies/services not requiring a statement of work (FAR 8.405-1) or if the order is for services requiring a statement of work (FAR 8.405-2).

For FAR 8.405-1 orders the best value determination needs to be based upon the supply or service offered under MAS contracts by surveying at least three schedule contractors through the GSA Advantage! on-line shopping service, or by reviewing the catalogs or price lists of at least three schedule contractors. The ordering Contracting Officer's review of the Contractor's price list(s) and any price reductions sought is also required. (Contracting Officer should seek additional price discounts/concessions based on the specific order requirements on all orders over the micro-purchase threshold.) In addition to price, when determining best value, the ordering activity may consider, among other factors, past performance, special features of the supply or service required for effective program performance, trade-in considerations, probable life of the item selected as compared with that of a comparable item, warranty considerations, maintenance availability, environmental and energy efficiency considerations, and delivery terms.

When an order contains brand name specifications, the Contracting Officer shall post the Request for Quote (RFQ) along with the basis of the justification as required by FAR 8.405-6(b)(3).

For FAR 8.405-2 orders for services requiring a statement of work, FAR 8.405-2(d) requires that an evaluation be performed based on the criteria provided to the schedule contractors. Therefore, the justification must address how the FAR 8.404(d) requirement for an evaluation of the proposed level of effort and mix of labor will be conducted and include a statement that the Contracting Officer will perform a price reasonableness determination as part of the best value determination.

VI. Description of the market research conducted and the results, or explain why market research was not conducted.

Discuss market research that was conducted among schedule holders and the market research results that led to the conclusion to go sole source or to limit the number of schedule holders to be solicited. The narrative in this section should provide a high level of confidence that the requirements of 8.405-1 and 8.405-2 could not be met. If no market research was conducted, state so and provide the rationale.

VII. Other facts supporting the justification.

When FAR 8.405-6(a)(1)(i)(C) is cited for an follow-on acquisition as the basis for the justification, include an estimate of the cost that would be duplicated and the basis and derivation of the estimate, or provide details on why a delay to solicit additional schedule holders would be unacceptable.

Provide any other facts supporting the Limited Sources Justification.

VIII. Actions the agency may take to remove or overcome any barriers that led to the restricted consideration before any subsequent acquisition for the supplies or services.

Describe all efforts to be taken to remove or overcome any barriers that preclude the agency from meeting the requirements of FAR 8.405-1and FAR 8.405-2 before any subsequent acquisition for the supplies or services is made. If no actions are planned, so state and provide reasons.

IX. Certification by the Contracting Officer.

The contracting officer's signature on the signature page evidences that he/she has determined this document to be both accurate and complete to the best of his/her knowledge and belief.

X. Certification by the technical/requirements personnel

As evidenced by their signatures on the signature page, the technical/requirements personnel have certified that any supporting data contained herein which is their responsibility is both accurate and complete.

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