Fair_Opportunity_Exception_Justification-Bldg_5_Mod_07-FBO.pdf

Justification for an Exception to Fair Opportunity

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: AFSC OL:H/PZIOC

2. Purchase Request: TBD

3. Program Name (and Program Element, if applicable): Operational Contracting - Construction

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

14 Sep 2016

Program Manager Jonathan Ramras

AFMC 75 CEG/CENMP / 801 777-4616

Signature

Date

20 Sep 2016

Contracting Officer and Approval Authority Randall Egbert

AFSC OL:H/PZIOC / 801 777-0142

Signature

Click here to access the instructions for the boxes below.

(1) Contracting Activity:

The Civil Engineering Group, Engineering Division (75 CEG/CEN) is requesting an Exception to Fair Opportunity through the contracting section AFSC OL:H/PZIOC in accordance with FAR 16.505(b)(2).

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

The requested action is for approval of an exception to fair opportunity based upon FAR 16.505(b)(2)(i)(C).

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

The proposed contract action is to execute additional security upgrades to building 5 to adequately meet mission requirements for the F-35. The estimated cost is and will be executed as modification 07 onto FA8201-12-D-0025/0014. The period of performance will be extended approximately 30 days from 20 December 2016. The additional building security upgrades are critical to the ongoing F-35 construction work to building 5 and are necessary to successfully fulfill mission requirements.

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

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.”

The scope of task order FA8201-12-D-0025 0014 entailed the Repair and Renovation of Bldg 5 and its Bays H & U in preparation of the arrival of the F-35 squad missions. The end user identified and determined that the current building security specifications would not be sufficient to meet the F-35 mission. Additional facility upgrades for the Weapons Intel aspects of the project are necessary to meet the stringent F-35 mission security requirements.

The additional security upgrade work is a significant addition to the ongoing construction renovation of building 5 and adds significant security upgrades that are critical to the F-35 mission. Below is the rationale for including the additional security upgrade work.

(a) It is economically cost effective to include the additional work during renovation to fully capture construction efficiencies and to avoid costly construction costs to add the security upgrades at a later date.

(b) Duplication of costs to mobilize another contractor will be eliminated.

(c) Conflicts regarding the construction warranty of building 5 will be avoided.

(d) Contractors' trailers and staging areas will be minimized which will further reduce the area's heavy congestion.

(e) Unacceptable delays will be avoided. The facility will be ready on time for the F-35 fighter squadrons to be able to execute their vital Air Force missions without delay.

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

The cost of this acquisition will be fair and reasonable. Actions anticipated to ensure reasonableness of the price will be accomplished using the RS Means Cost Estimating Guide. This guide is a reputable market sensitive cost estimating system established and used by Air Force, U.S. Army Corps of Engineers, private industry, state and local governments. In addition, similar type efforts can be used as a comparison for negotiations.

(6) Other facts supporting the justification:

N/A

(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:

This will not be a continuous requirement. The basic contract is a multiple award IDIQ and each task order is intended to be competed. Due to the unusual circumstances of this effort, it was determined that an exception to fair opportunity would be in the best interests of the Government. Future requirements will be competed to the maximum extent practicable.

(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.