12663 - JEFO_CO Signed Redacted.pdf

CONTROLLED UNCLASSIFIED INFORMATION

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

CONTROLLED UNCLASSIFIED INFORMATION v 18 Jan 2024 Page 1 of 5

Click here for instructions to complete the boxes below.

United States Air Force

AFMC AFSC OL:H/PZIEB

6038 Aspen Avenue, Bldg 1289 Hill Air Force Base, UT 84056 PCO: Ashlee Hawkins, 801-586-0647

(1) Contracting Activity:

This new order is to purchase an item peculiar to one manufacturer, a brand-name procurement of Oxley Inc. Tri- Color LEDs needed to support the 516 Software Engineering Squadron (516th SWES). Upon approval the Air Force will issue a new firm-fixed price delivery order to an approved DoD vendor under the source National Aeronautics Space Administration Solutions for Enterprise Wide Procurement (NASA SEWP) Products Contract Indefinite Delivery Indefinite Quantity (IDIQ).

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

This purpose of this action is to procure Oxley Inc. Tri-Color LEDs. These LEDs are to be mounted on the Network Interface Module (NIM) end plates and serve as an indicator of power and operational status LED Assembly GN/YW/ RD. The LEDs are commercial items with a minor modification, namely that the LED colors are green, yellow, and red. This commodity is required to support the sustainment of the Common Aircraft Portable Reprogramming Equipment (CAPRE) by the 516th SWES.

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

Is this a brand-name justification? Yes No

Please provide the product title and description. [ FAR16.505(a)(4)(i) ]

Brand-Name Product Title: Oxley Inc. Tri-Color LED

Brand-Name Product Description: Oxley Inc. Tri-Color LED 3STR/LH/10/N/A/SES/FL20.GNYWRD

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

Contracting Activity: AFSC OL:H/PZIEB

Purchase Request / Local ID Number: F2DCCF4255A001

Program Name (and Program Element, if applicable): 516th SWES Common Aircraft Portable Reprogramming Equipment

(CAPRE)

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

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

Type of Determination: Individual Class Expires:

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IAW FAR 16.505(b)(2)(i)(B) Only one awardee [brand] 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 proposed tri-color LED is the only option that can meet this CAPRE requirement.

During the prototype phase of the NIM in early 2023, the tri-color LED was designed as a panel mount indicator for use in ultra-bright ambient light conditions. Market research conducted during this prototype phase revealed that only Oxley Inc. could meet the NIM's industrial range of temperature, humidity, shock and vibration, and electro-magnetic interference requirements, as well as the tri-color LED setup. As a result, the Oxley Inc. Tri-Color LED part number was included in the TO for the NIM. To meet the CAPRE program requirement of 400 NIMs, 400 Oxley Inc.

Tri-Color LEDs will be needed. Market research initially identified that Oxley Inc. is the only manufacturer of the TO part number in addition to being the only authorized reseller of the Oxley Inc. LEDs. Because of this, the initial RFQ was posted to SAM, however it received multiple responses from various contractors who stated that they could meet the requirement. When inquiring with the OEM about other companies identifying as authorized resellers, Oxley Inc. retracted their statement about being the only provider of this specific part and clarified that they now allow other resellers. Oxley Inc. then stated that they "quote parts to anyone who requests a quote (including distributor houses)". As a result, this requirement will be a brand name requirement rather than a single source requirement.

(4) Justification for restricting consideration to a brand-name item:

Based on market research it is anticipated that adequate price competition exists to establish a fair and reasonable price.

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

N/A

(6) Other facts supporting the justification:

As previously mentioned, this specific part number, 3STR/LH/10/N/A/SES/FL20.GNYWRD, is the only part available that meets the NIM's industrial range of temperature, humidity, shock and vibration, and electro-magnetic interference requirements as well as the tri-color LED setup and it is only manufactured by Oxley Inc. The stated part number is in the NIM TO and it is only manufactured by Oxley Inc; it is anticipated that future purchases will require a brand name justification until the TO is updated.

(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:

As evidenced by my signature below, I certify that any supporting data contained herein, which is my responsibility, is both accurate and complete.

(8) Program Manager's certification that supporting data 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.

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

Total Cost:

CONTROLLED UNCLASSIFIED INFORMATION v 18 Jan 2024 Page 3 of 5

REMOVING ROWS: CAUTION (click here first) NOTE: The text in the signature blocks below is editable, including the title.

Date

21 Oct 2024

Program Manager

Todd J. Brady

AFSC/SWP / 801-775-2305

Signature

BRADY.TODD.J.

X

Date

21 Oct 2024

Contracting Officer

Ashlee Hawkins

AFSC OL:H/PZIEB / 801-586-0647

Signature

HAWKINS.ASHLEE

X

As evidenced by my signature below, I hereby determine that the use of brand-name restriction applies.

(10) Approving Official's determination that FAR16.505(a)(4)(i) applies to the order:

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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.

CONTROLLED UNCLASSIFIED INFORMATION v 18 Jan 2024 Page 5 of 5

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.