MXSG_MRO_JA_Final_w_6_month.pdf

PDF 5 MB Posted

Attached to
Justification and Approval Federal contract opportunity
Solicitation number
FA8224-16-R-1MRO
Issued by
Department of the Air Force Materiel Command Lifecycle Management Center Hill Air Force Base

View the file

On GovTribe

Work with this file on GovTribe

  • Download the original file
  • Contacts named in this file
  • Similar government files
  • Ask GovTribe AI about this file

Text version

Justification and Approval (J&A) for Other Than Full and Open Competition

[ Enter security markings here -- or delete this text. ]

[ Enter security markings here -- or delete this text. ]

NOTE: If a Justification and Approval was approved for the preceding acquisition, a copy of the approved J&A for the predecessor action must be included in the staff package for approval of the instant J&A. This applies to J&A staff packages that are submitted for review and approval at a level above the contracting officer. The predecessor J&A will be used as a reference document by the approving official.

Choose the funding level for this J&A Document:

< $700K > $700K and < $13.5M > $13.5M and < $93M > $93M

AFSC OL:H/PZIMAContracting Activity:

Purchase Request / Local ID Number:

MRO Implementation & Sustainment Support ProgramProgram / Project (and PE, if applicable):

Other ContractingProgram Type (PEO or Other Contracting):

10 USC 2304(c) (1)Authority (include full title):

$350,000.00 Estimated Contract Cost (including options): J&A Type: Class Individual

COORDINATION (AFFARS 5306.304(a) ) Sign and Save Procedure

** The text in the signature blocks below is editable, including the title.

** To remove a row, click the "X" next to the signature block. CAUTION: Once removed, it can only be restored by downloading the BLANK FORM again.

20 Oct 2016

Date Contracting Officer James Vaughan

OL_H/PZIMA 775-5252

Signature

X

19 Oct 2016

Date Project Lead / Program Mgr / Requiring Activity Melissa Galioto

OO-ALC/OBC 777-6513

Signature

X

APPROVAL (AFFARS 5306.304(a) ) ** The text in the signature blocks below is editable, including the title.

** To remove a row, click the "X" next to the signature block. CAUTION: Once removed, it can only be restored by downloading the BLANK FORM again.

20 Oct 2016

Date Contracting Officer James Vaughan

OL_H/PZIMA 775-5252

Signature

X

[ Enter security markings here -- or delete this text. ]

[ Enter security markings here -- or delete this text. ]

Note 1: See guidance at the end of this document for completing the following sections.

Note 2: Each field will expand automatically if additional space is needed.

I. Contracting Activity.

James Vaughan, Contracting Officer, AFSC OL:H/PZIMA 6038 Aspen Avenue, Bldg 1289 Upstairs Hill Air Force Base, UT

84056-5838 DSN:

775-5252, COM:

(801)777-5539 james.vaughan.6@us.af.mil

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

Upon approval to use other than full and open competition procedures, the Air Force will issue a contract to provide sustainment for the Impresa system for 309 MXSG. This requirement is for Maintenance, Repair, and Overhaul (MRO) Software Implementation & Sustainment Support and will be used by 309 MXSG. Contract will be awarded to Systems Implementers, Inc., 350 S Williams Blvd Ste. 280, Tucson, AZ, 85711-4496, FA8224.

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

Under the contemplated contract, Systems Implementers, Inc. (SI) will provide the following services in sustainment of the MRO Software Implementation & Sustainment Support program.

Approximately 3,290 hours will be required to provide sustainment support for the existing MRO system in support of 309 MXSG. This contract will provide all of the services stated in the Maintenance, Repair, and Overhaul (MRO) Software Implementation & Sustainment Support Performance Work Statement; this includes system administration for the maintenance, sustainment, and day-to-day operation of the system. The contractor shall develop and sustain application enhancements; manage system interfaces with Air Force Legacy systems, MRO specific training for Government employees, Impresa system program management oversight.

The contractor, as stated in PWS, shall provide business process improvement recommendations that include all activities involved in helping improve customer data systems through business process redesign as well as provide production planning, training, and process control support to the Government. The contractor shall provide formal and On the Job Training (OJT) for Planners, Schedulers, Production Support Technicians (PST), and other government personnel.

IV. Statutory authority permitting Other than Full and Open Competition.

10 U.S.C 2304 (c)(1) as implemented by FAR 6.302-1 - Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements.

[ Enter security markings here -- or delete this text. ]

[ Enter security markings here -- or delete this text. ]

V. Demonstration that the contractor's unique qualifications or nature of the acquisition requires the use of the authority cited above (applicability of authority).

The above authority was selected because this contract is to maintain, train, create and sustain interfaces and implement enhancements for Impresa, the government owned MRO software application utilized by 309 MXSG in order to accomplish their mission. This contract will cover all the information technology solution services required to carry out the objective. The required disciplines include program management, training, application support, technical editing, software engineering (in relation to existing software), web application maintenance, data base administration, logistics management, and software access setup. The proposed contractor SI has the current contract to provide sustainment for development and configuration management for the Impresa system, SI has access rights and responsibilities to perform software development functions as well as perform configuration management (CM) functions.

CM includes managing analysis and design of code changes, coordinating program functional changes across OO-ALC and scheduling implementation of code changes. Providing system sustainment for Impresa requires the incumbent contractor to make software source code changes and corrections. This entails creating program specifications and test criteria, code and test programs and producing program documentation. These functions cannot be effectively managed by two separate entities. Furthermore to require the incumbent contractor to perform CM duties for another contractors software code changes would fall out of scope of the contract SI currently holds. For a system as critical to OO-ALC as Impresa, strict adherence to configuration management processes is required, without meticulous management of all maintenance and development efforts this system could be disabled for days which would stop production in several groups. Therefore, this acquisition is for performance of a highly specialized service.

The program office estimates award to any other vendor would result in unacceptable delays. As stated above having two contractors perform sustainment for Impresa is not practical, to have the MXSG implementation be a competitive bid, it would need to be an additional function included on the follow- on contract. The follow-on contract is scheduled to be in place 11 July 2017. MXSG would have to wait until 2017 to receive the following services provided by the contract; Collect, analyze, and report manpower, material, scheduling, inventory, and production data as required by the Government, production planning, training, and process control support. Provide training of both users and customers in the area of application utilization and associated processes; job routing procedures, supply integration, systems reporting, scheduling procedures, planning procedures, material ordering. These are the very elements that drive cost reduction and cost voidance to the government. For example; reports developed in the sustainment effort in CMXG gathered the data to identify constant and substantial parts problems hampering both efficiency and productivity within 532 CMMXS (Landing Gear), this information drove the development of new processes, reports, and accountability methods, the result is the reduction of MICAPS hours in CMXG from 176,435 backlog hours to 12,888 backlog hours. Since CMXG has been in sustainment for several years critical information has been captured to provide data to the LEAN community to facilitate Pareto analysis on all material requirements to support designated maintenance shops. Reports were created to review the Shop Service Center (SSC) stock levels to ensure they are adequate to support production and to initiate stock replenishments when required. This automated the manual data collection process and has resulted in manpower hours reduced. CMXG went from

[ Enter security markings here -- or delete this text. ]

[ Enter security markings here -- or delete this text. ] review of 40 item numbers using 297 man-days to 1069 items reviewed with 6 man-days because of Impresa data collection and report capabilities. This information is vital to making business decisions and process changes. Waiting until July 2017 to provide implementation and fully taking advantage of Impresa as a tool is unacceptable.

The government program manager believes awarding to any other source would result in substantial duplication of costs to the Government that is not expected to be recovered through competition. To have another source provide this service would result in duplication of two positions, for SI to provide support for MXSG the government estimates three consultants would be added to provide the necessary support, software development and configuration management necessary to support for SMXG. For another contractor to support MXSG they would be required to perform software support to make the necessary code changes for MXSG, that would require a system Configuration Manager, this position would provide software code management and a Lead Software Engineer to make software code changes, these positions would be in addition to the two sustainment individuals that are required.

The Government estimates it will require three consultant positions in FY 17 to implement Impresa in the MXSG group. The estimated cost for the positions is $292,050.00. SI already employs the personnel necessary to accomplish this contract. The current SI employees that are managing Impresa for other groups within the OO-ALC can be utilized to implement Impresa into the MXSG. If this acquisition is solicited as a full and open or full and open after the exclusion of sources bid the Government risks incurring substantial duplication of cost.

Accordingly, Systems Implementers, Inc. is the only firm capable of providing the services described in Section III above without the government experiencing unacceptable delays in fulfilling support for MXSG's requirements, and substantial duplication of cost that could not be expected to be recovered through competition.

VI. Description of efforts made to ensure that offers are solicited from as many potential sources as practicable.

Sources Sought Synopsis: A sources sought synopsis was issued 16/08/2016, FA8224-16- R-1MRO, requesting any and all interested parties respond by the closing date. The notice was open until 31/08/2016 at 1600 Mountain Time. No responses where received from any interested party.

VII. Determination by the Contracting Officer that the anticipated cost to the Government will be fair and reasonable.

The following steps will be taken to ensure that the anticipated cost of this acquisition will be fair and reasonable. The Contracting Officer will comply with the procedures and criteria contained in Federal Acquisition Regulation (FAR) under Part 30 - Cost Accounting Standards, Part 31 - Contract Cost Principles and Procedures, Subparts 15.4 - Contract Pricing; to include technical evaluations and audits, as appropriate. Additional steps to ensure price reasonableness will be under the guidance of the Contract Pricing Reference Guides, jointly developed by the Federal Acquisition Institute and the Air Force Institute of Technology. The contracting office will obtain certified cost and pricing data IAW FAR Subpart 15.403, when required. The final step is to include the Price Negotiation Memorandum (PNM). This detailed

[ Enter security markings here -- or delete this text. ]

[ Enter security markings here -- or delete this text. ] documentation and justification of price reasonableness will be disclosed in the official PNM, to be prepared upon completion of negotiations.

VIII. Description of the market research conducted and the results, or a statement of the reasons market research was not conducted.

As described in Section VI above, market research, in accordance with FAR Part 10, was conducted by synopsis of the proposed acquisition, advising industry of the pending acquisition, and soliciting inquiries from interested parties.

IX. Any other facts supporting the use of Other Than Full and Open Competition.

N/A

X. List of sources, if any, that expressed interest in the acquisition.

Systems Implementers, Inc., 350 S Williams Blvd Ste. 280, Tucson, AZ, 85711-4496, FA8224

XI. A statement of the actions, if any, the agency may take to remove or overcome any barriers to competition before making subsequent acquisitions for the supplies or services required.

When this contracts period of performance ends the Government intends to integrate this effort into the larger MRO follow on contract. A 6 month extension (-8 clause) is being included to mitigate the risk of late award of follow on contract. A successful sustainment and maintenance effort for IT systems requires strict adherence to configuration management processes and administrative access controls to the software. This environment makes it difficult for open competition for contract modifications, having another contractor requires additional efforts for configuration management processes, duplicative personnel for software programmer efforts. The current contractor is performing the system sustainment and maintenance effort for CMXG and MMXG. Having current contractor perform this new effort is the most cost effective decision. The follow-on contract will be more inclusive of all organizations using Impresa and will be open competed.

XII. 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.

XIII. 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.

[ Enter security markings here -- or delete this text. ]

[ Enter security markings here -- or delete this text. ]

Remove the Guidance pages below. Remove the IACR pages below.

[ Enter security markings here -- or delete this text. ]

GUIDANCE

I. Contracting Activity.

Fully identify the contracting agency and organizational activity responsible for the proposed contracting action. Specifically identify as a “Justification for Other Than Full and Open Competition.” Identify purchase request number, if applicable.

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

State whether the action will be awarded as a new contract or by modification to an existing contract (identify contract number) and identify the type contract planned (e.g., firm-fixed-price, cost-plus-incentive-fee, etc.). If exception 2 is cited (unusual or compelling urgency), state date of UCA/contract/modification issuance and amount.

An individual J&A cannot be used to support more than one contract irrespective of the quantities or the dollar value stated therein. If a proposed contract will contain unpriced options (including NTE prices), those options must be supported by a separate J&A prior to option exercise or the J&A supporting the basic contract must be a Class J&A. For Class J&A situations where the number of contracts in the class can be identified: (1) Provide brief general description of actions, (2) identify the document as a Class J&A, (3) identify the supplies and services that are being acquired, and (4) for each contract in the class identify the contractor; estimated value; type of contract and rationale for contract length; and estimated award date. Where the same information applies to more than one contract within the class, it need only be stated one time. (FAR 6.303-2(b)(2)).

III. Description of the supplies/services required to meet agency needs. (FAR 6.303-2(b)(3))

Specifically describe the supplies and/or services to be acquired including the estimated value (including options) and quantity of each item, the total estimated value of the acquisition, and the estimated delivery dates/periods of performance. For example, if commodities are being procured with technical data, support equipment, and support services (staff-hour quantity of support hours) each should be listed, not just commodity quantities. If all of the ancillary requirements associated with a particular item are not specifically described in the J&A, those ancillary requirements cannot be included in the resulting contract unless a second J&A covering those ancillary requirements is executed. Also, state the type of appropriation (e.g., 3600, 3010, 3400) that will be used to fund each requirement listed.

Here is an example of such a list:

“Under the contemplated contract, ABC Corporation will provide the following supplies and services in sustainment of the XYZ program:

(1) Approximately 30,030 staff-hours will be acquired each year for: (a) depot-level (Level II) maintenance on eight XYZ systems around the world and routine (Level 1) maintenance on the two systems located at ABC Corporation's facility, (b) help desk services (24 hours/day, 7 days/week) to provide daily assistance to military personnel to maintain the systems, and (c) software releases for the XYZ system (including any deficiency releases needed to fix minor problems that occur after a major release) and maintenance training on those software releases. The period of performance of this effort will be from January 2005 through 30 September 2005, and 3400 appropriations will fund this effort.

(2) Approximately 2,640 staff-hours will be acquired each year to convert seventeen XYZ systems into seventeen QRS systems to enable a transportable weather system to be deployed into forward locations in order to provide polar ingest capability outside the UMQ-13 polar footprint. Deliveries of these items will occur between January 2005 and March 2006, and 3400 appropriations will fund this effort.

(3) . . .

(N) . . .”

If approval for more than one fiscal year requirement is needed, give the rationale for this request. Generally, the scope of these actions is limited to current requirements only, so that actions may be taken to facilitate competition for out-year requirements. In some cases, there are no feasible actions that could develop future competition, and it is reasonable to seek approval for more than one fiscal year's requirements.

For ID/IQ or requirements contracts, use the maximum dollar value of the total estimated orders as the estimated J&A dollar value.

IV. Statutory authority permitting Other Than Full and Open Competition.

10 USC 2304(c)(?) (see Note 1 below), as implemented by FAR 6.302-? (see Note 2 below), required by FAR 6.303-2(b)(4).

Note 1: Complete the 10USC 2304(c) citation with the statutory subparagraph cited in the (a) Authority (1) Citations portion of the Competition exception used for your J&A.

Note 2: Complete the FAR citation with the appropriate subparagraph.

Note 3: For class J&As, all contracts within the class should fall within the same statutory authority. Where a different authority must be used for any contract action, a separate J&A should be prepared.

V. Demonstration that the contractor's unique qualifications or nature of the acquisition requires the use of the authority cited above (applicability of authority).

Provide, in narrative form, a detailed explanation supporting and clearly relating to the conditions described by the FAR for using the particular authority cited. This section is normally the most detailed part of the justification as the essence of the justification is presented here. For acquisitions that include both supplies and services, separately justify the use of the authority for the services and supplies. (FAR 6.303-2(5))

Contracting without providing for full and open competition shall not be justified on the basis of lack of advance planning by the requiring activity or concerns related to the amount of funds available (e.g., funds will expire) (FAR 6.301(c)). To assist you, the following information is provided:

A. Only One Responsible Source (FAR 6.302-1)

In the case of a follow-on contract for continued development or production of a major system or highly specialized equipment/ services, the rationale must first justify the supplies/services as being a “major system” or “highly specialized.” The rationale must then justify “either” substantial duplication of cost to the government that is not expected to be recovered through competition, or unacceptable delays in fulfilling the agency's requirements, whichever situation applies. If both of these situations apply, the rationale can be based on either of these two situations, or both

Discuss the use of restrictive brand name descriptions in requirements documentation here under Part V. An acquisition that uses a brand name description or other purchase description to specify a particular brand name, product, or feature of a product peculiar to one manufacturer does not provide for full and open competition regardless of the number of sources solicited. If a brand name will be used, you must justify it and clearly explain why a specific brand produced by a single company is required, as opposed to allowing free and open competition. The justification should indicate that the use of such descriptions in the acquisition is essential to the Government's requirements, thereby precluding consideration of a product manufactured by another company. (FAR 6.302-1(c))

(Brand-name or equal descriptions, and other purchase descriptions that permit prospective contractors to offer products other than those specifically referenced by brand name, provide for full and open competition and do not require justifications and approvals to support their use.)

Subsection 1. When using this exception…

(a) Describe the system or support element to which supply/service to be procured under the contemplated acquisition relates in terms of its purpose and its capabilities. Describe how the contemplated acquisition relates to that system or support element. State what work the current contractor has been performing. Include the current contract number, basis of award for that contract award (competitive/sole source), when the contract was awarded, and when the contract will expire. If the work the contractor will perform under the contemplated acquisition is being done under an ACAT I or II program, state that designation. If the work will not be done under an ACAT I or II program, provide a detailed explanation

[ Enter security markings here -- or delete this text. ]

[ Enter security markings here -- or delete this text. ] from a technical perspective as to why the supplies/services to be procured are “highly specialized.” This section must summarize your justification by including the main point(s) of the justification.

(b) If the planned acquisition is a “bridge” effort, which contains options, so state and explain why options are necessary.

(c) Add a concluding sentence to the end of this paragraph, suitably tailored; e.g., “Therefore, this acquisition will be a follow-on contract for the continued production of a major system,” or “Therefore, this acquisition will be a follow-on contract for the continued development of highly specialized equipment,” or “Therefore, this acquisition will be follow-on contract for the continued development of a major system,” or “Therefore, this acquisition will be a follow-on contract for the continued production of highly specialized equipment,” or “Therefore, this acquisition is for continued performance of a highly specialized service.”

Subsection 2. When using this exception, describe in 3-4 sentences the contractor's unique/highly specialized capabilities and/or qualifications (e.g., facilities, personnel, special tooling acquired). (FAR 6.303-2(b)(5))

Subsection 3. When using this exception, you should begin with the following sentence, suitably tailored: “The (XXX SPO, or XXX Wing) believes that award to any other source would result in substantial duplication of cost to the Government that is not expected to be recovered through competition and unacceptable delays in fulfilling the Air Force's requirements.” Then, discuss either or both of the following situations (although only one of these situations is needed; if the facts exist to support both, then provide that information):

(a) When the rationale is based on substantial duplication of cost, state the approximate cost and state that the cost could not be recovered through competition. When FAR 6.302-1(a)(2)(ii) is cited for follow-on acquisitions as the basis for the justification, include an estimate of the anticipated cost to run a competition offset by the amount of cost that would be duplicated. Include the rationale for the amount of cost that would be duplicated (e.g., training required so that another source could acquire the skills necessary to perform the effort, equipment, facilities) and how the estimate was derived (e.g., development costs incurred by the Government under the existing contract or similar programs). (FAR 6.303-2(b)(9)(ii))

(b) When the rationale is based on unacceptable delay, state how long it would take someone else to obtain this capability (e.g., months, years) and why, and provide a detailed explanation of the impact or problem caused by the delay. For example, the impact of not adding additional quantities of launch support services staff-hours to an existing contract might cause a launch to not occur as scheduled, thus delaying the operational use of a spacecraft, thus reducing the constellation's operational availability - and thus reducing (or precluding) the ability of the war fighter to accomplish specific missions.

Subsection 4. When using this exception, you should include one of the following sentences, whichever is applicable:

(a) “Accordingly, XYZ Corporation is the only firm capable of providing the supplies and services described in Section III above without the U.S. Air Force experiencing substantial duplication of cost that could not be expected to be recovered through competition.”

(b) “Accordingly, XYZ Corporation is the only firm capable of providing the supplies and services described in Section III above without the U.S. Air Force experiencing unacceptable delays in fulfilling its requirements.”

(c) “Accordingly, XYZ Corporation is the only firm capable of providing the supplies and services described in Section III above without the U.S. Air Force experiencing substantial duplication of cost that could not be expected to be recovered through competition and unacceptable delays in fulfilling its requirements.”

B. Unusual and Compelling Urgency (FAR 6.302-2, 6.303-2(a)(b)(iii), DFARS PGI 206.302-2)

Contracting Officers shall contact SAF/AQC at usaf.pentagon.saf-aq.mbx.saf-aqc-workflow@mail.mil as soon as practicable when contemplating an award under the authority cited in FAR 6.302-2 for J&As requiring SPE approval. Provide an explanation why (1) the supplies or services are needed at once because of fire, flood, explosion, or other disaster, or (2) essential equipment or repairs to that equipment are needed at once, e.g., to preclude impairment of launch capabilities or mission performance of missiles or missile support equipment, eliminate imminent grounding of the XX fleet crucial to what mission of the USAF and Defense of the Nation. In other words, identify the anticipated serious injury to the Government, the nature of the urgency, the reasons for it occurring and why it is “urgent and compelling” to preclude adverse impact to military readiness. Merely citing a Joint Urgent Operational Need

[ Enter security markings here -- or delete this text. ]

[ Enter security markings here -- or delete this text. ]

(JUON),Force Activity Designator (FAD) rating, Program Management Directive (PMD)/Program Action Directive (PAD) guidance, or DX priority rating is not in and of itself sufficient reason to use this exception from the requirement to obtain full and open competition.

Note that only the minimum quantity required to satisfy the unusual and compelling urgency qualifies for this exception; thus, this exception might not suffice to justify option quantities. For example, a JUON covering an entire program may not necessarily warrant a class J&A for all program requirements. The inclusion of future “unknown” requirements in class J&As proceeding on this basis is disfavored. In addition, actions covered by a relevant JUON should, a) cite the JUON, b) describe the nature of the need covered by the JUON, and c) describe the relationship between the JUON and the requirements contemplated under the J&A (e.g., whether the J&A includes requirements not covered by the JUON, whether the J&A covers just a portion of the JUON's scope, etc.). JUONs can provide important support for the J&A; however, the J&A is a stand-alone document and should not rely solely upon the fact that a JUON has been issued as a basis for approval. Activities are under a continuing duty to ensure maximum competition practicable under the circumstances, and JUONs to not automatically provide relief from that duty.

The exception for “unusual and compelling urgency” does not authorize a sole source contract. This exception only authorizes limitation to the greatest number of potential sources than can fulfill the requirement in the time needed. Therefore, the J&A should also describe the method and rationale for identifying the sources to which the solicitation will be limited. If the solicitation is to be limited to only one source, the J&A must be based on an exception that authorizes selection of a single source.

C. Industrial Mobilization; or Engineering, Developmental, or Research Capability (FAR 6.302-3)

The most important part of justifications citing this authority is demonstrating the need to maintain the capability possessed by the identified source(s). Some form of market survey may be critical in demonstrating the uniqueness of this capability.

D. Authorized or Required by Statute (FAR 6.302-5)

It is imperative to identify what is being acquired and the applicable statute authorizing other than full and open competition. Note:

Some statutes do not require a written J&A.

E. National Security (FAR 6.302-6)

Provide the minimum essential information needed to establish validity of the justification. This information will make the J&A a classified document. Special handling procedures are required for processing such documentation to the approval authority. Only parties with a “need to know” and the proper level of security clearance should be permitted access to the documentation. Such acquisitions are also exempt from synopsis under FAR 5.202(a)(1).

F. Public Interest (FAR 6.302-7)

This authority may only be used when none of the other authorities is appropriate and may not be made on a class basis. Provide detail addressing the reasons full and open competition is not in the public interest and why no other authority is appropriate for use.

VI. Description of efforts made to ensure that offers are solicited from as many potential sources as practicable.

Describe all efforts taken (or to be to be taken) to ensure that offers are solicited from as many potential sources as practicable under the circumstances. Although Market Research is covered in Section VIII, the information in Section VI should correlate with the Market Research described in Section VI. The following issues should be addressed in this paragraph:

Sources Sought Synopsis. If a sources sought synopsis was issued, state the date the synopsis was issued, the synopsis number, and a brief description of its content. If any responses were received, describe in detail the results of the screening process and the rationale for determining the unacceptability of any synopsis respondents. This is particularly important when citing the authority of 10 USC 2304(c)(1), “Only one (or a limited number of) responsible source(s)”, since it is this survey of the market place that confirms our assumptions regarding the capability of industry to meet our needs.

Address whether this acquisition will require a synopsis IAW FAR 5.201. If the proposed action was not or will not be synopsized, cite the specific authority for not doing so (FAR 5.202) and the rationale for the synopsis exception. Note that although synopsis of proposed contract actions initiated pursuant to FAR 6.302-2 may not be required, use of this authority is not an automatic exemption from synopsis. (FAR 5.202(a)(2)).

Other Actions. In this paragraph, discuss any other actions taken or planned to facilitate competition for this acquisition. The discussion should include actions tried or considered even if the actions were unsuccessful. If the efforts were unsuccessful, so state and describe why.

Qualifying Country Sources. If qualifying country sources have expressed interest, but are to be excluded, provide supporting rationale.

VII. Determination by the Contracting Officer that the anticipated cost to the government will be fair and reasonable.

Include a statement by the contracting officer that the anticipated cost will be considered fair and reasonable and provide the basis for this determination. The steps that will be taken to ensure the final contract price will be fair and reasonable are also described here.

Describe the extent of cost or price analysis anticipated including the requirements for certified cost or pricing data, technical evaluations, and audits. (FAR 6.303-2(b)(7))

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

Discuss any market research conducted pursuant to FAR Part 10 and describe results of that research. Market research is any effort undertaken to determine if sources capable of satisfying the agency's requirements exist and to determine if commercial items or non-developmental items are either available or can be modified so that they will satisfy the agency's needs. Market research should be focused not only on identifying alternate sources, but also on alternate equipment or substitutes that might fill the government needs with only minor modification. Regardless of the approach used, the results should provide a high level of confidence that no other qualified sources exist.

Generally, some form of market research should be conducted, but it is most critical when citing the authority of FAR 6.302-1, Only one (or a limited number of) responsible source(s). Under such circumstances, use the following sentence: “As described in Section VI above, market research, in accordance with FAR Part 10, was conducted by synopsis of the proposed acquisition, advising industry of the pending acquisition and soliciting inquiries from interested parties.”

When other exceptions from the requirement to obtain full and open competition are relied upon, the market research might be limited to an examination of the acquisition history and experience with the marketplace under previous acquisitions for the same or similar items.

If no market research was conducted, so state and provide the rationale.

IX. Any other facts supporting the use of Other Than Full and Open Competition.

Provide any other facts supporting the use of other than full and open competition, including an explanation of why technical data packages, specifications, engineering descriptions, statements of work, statements of objectives, or purchase descriptions suitable for full and open competition have not been developed, are not being developed, are not being used, or are not available. (FAR 6.302-1(b)(2) and 6.303-2(b)(9)(i)).

X. List of sources, if any, that expressed interest in the acquisition.

State “See Section VI above.”

XI. A statement of the actions, if any, the agency may take to remove or overcome any barriers to competition before making subsequent acquisitions for the supplies or services required.

Describe any actions taken or to be taken to foster competition for future acquisitions of the supplies or services being acquired.

Describe potential actions that could be undertaken to remove the barriers to competition that have been identified in the justification and include a milestone schedule for accomplishing these actions. For example, if a follow-on competitive acquisition is planned, so state and give planned award date (FAR 6.303-2(b)(11)), or state the Government will attempt to acquire rights in technical data and computer software sufficient to compete follow-on acquisitions as a priced option in the contract action that is the subject of this J&A, [ Enter security markings here -- or delete this text. ]

[ Enter security markings here -- or delete this text. ] or (if applicable) state how the Government intends to challenge nonconforming markings on technical data and computer software delivered to it under previous contracts so those markings can be removed in order that that technical data and computer software may be used in support of a follow-on competitive acquisition, or describe plans to qualify additional sources.

Address efforts to ensure competition for future spare parts and maintenance in support of systems or equipment covered by the justification, even when these acquisitions will be accomplished by other organizations. Include a discussion on available breakout data.

If no actions are planned, so state and provide reasons. If approval is sought for more than one year, explain why a sole source effort is required for the planned time duration.

XII. Certification by the Contracting Officer.

As evidenced by his/her signature, the contracting officer has determined this document to be both accurate and complete to the best of his/her knowledge and belief. (FAR 6.303-2(b)(12))

XIII. Certification by the technical/requirements personnel

As evidenced by their signatures, the technical and/or requirements personnel have certified that any supporting data contained herein, which is their responsibility, is both accurate and complete. (FAR 6.303-2(c))

Do You Need to "REDACT" Text?

To redact any portion of this template, you must first convert it to a normal PDF file. Click here for the instructions.

The following page contains a suggested template for “International Agreement Competitive Restrictions (IACR)”. The authority to prepare an IACR has been delegated from the HCA to the Contracting Officer. (AFFARS 5306.302-4)

International Agreement Competitive Restrictions

[ Enter security markings here -- or delete this text. ]

[ Enter security markings here -- or delete this text. ]

Remove all pages above.

COORDINATION (AFFARS 5306.304(a) ) Sign and Save Procedure

** The text in the signature blocks below is editable, including the title.

** To remove a row, click the "X" next to the signature block. CAUTION: Once removed, it can only be restored by downloading the BLANK FORM again.

Date Contracting Officer [ Name ] [ Office Symbol / Phone Number ]

Signature

X

Date Project Lead / Program Mgr / Requiring Activity [ Name ] [ Office Symbol / Phone Number ]

Signature

X

Date Communications and Info Systems Officer (CSO) [ Name ] [ Office Symbol / Phone Number ]

Signature

X

Date Local Legal Reviewer [ Name ] [ Office Symbol / Phone Number ]

Signature

X

Date Chief of the Contracting Office (COCO) [ Name ] [ Office Symbol / Phone Number ]

Signature

X

Date Competition Advocate [ Name ] [ Office Symbol / Phone Number ]

Signature

X

Date Senior Contracting Official (SCO or SCCO) [ Name ] [ Office Symbol / Phone Number ]

Signature

X

Date PEO / Commander (Requirements Cognizance) [ Name ] [ Office Symbol / Phone Number ]

Signature

X

Date Deputy Assistant Secretary (Contracting) [ Name ] [ Office Symbol / Phone Number ]

Signature

X

Date SAF/AQ [ Name ] [ Office Symbol / Phone Number ]

Signature

X

Date [ Title ] [ Name ] [ Office Symbol / Phone Number ]

Signature X

Date [ Title ] [ Name ] [ Office Symbol / Phone Number ]

[ Enter security markings here -- or delete this text. ]

[ Enter security markings here -- or delete this text. ]

APPROVAL (AFFARS 5306.304(a) ) ** The text in the signature blocks below is editable, including the title.

** To remove a row, click the "X" next to the signature block. CAUTION: Once removed, it can only be restored by downloading the BLANK FORM again.

Date Chief of the Contracting Office (COCO) [ Name ] [ Office Symbol / Phone Number ]

Signature

X

Date Contracting Officer [ Name ] [ Office Symbol / Phone Number ]

Signature

X

Date Competition Advocate [ Name ] [ Office Symbol / Phone Number ]

Signature

X

Date PEO [ Name ] [ Office Symbol / Phone Number ]

Signature

X

Date Senior Procurement Executive [ Name ] [ Office Symbol / Phone Number ]

Signature

X

Date [ Title ] [ Name ] [ Office Symbol / Phone Number ]

Signature

X

Date [ Title ] [ Name ] [ Office Symbol / Phone Number ]

[ Enter security markings here -- or delete this text. ]

[ Enter security markings here -- or delete this text. ]

[ Contracting Activity (include base name and zip code) ] [ PCO (Name / Office Symbol / Phone) ] [ PR Number (If desired) ]

I. Organization:

[ Include estimated cost. ] II. Description of Requirement:

[ Include contract type, period of performance, cost and schedule, and rationale. ] III. Nature / Description of the Action:

IV. Statutory Authority: 10 USC 2304(c)(4) as implemented by FAR 6.302-4, International Agreement.

[ Include statement that the cited exception is applicable because (LOA #, treaty, agreement, etc.), dated ____________, directed that the requirement be obtained from __________________. ]

[ NOTE: Provide a copy of the page(s) of the agreement, treaty, or written directions that has the effect of restricting competition by the requirements activity and attach them to the IACR. ]

V. Applicability of Authority:

VI. Certification of Accuracy and Completeness:

As evidenced by his/her signature, the contracting officer has determined the IACR to be both accurate and complete to the best of his/her knowledge and belief. The CO also approves the IACR.

As evidenced by his/her signature, the program/technical/requirements manager(s) have/has determined that any supporting data contained in the IACR, which is his/her responsibility, is both accurate and complete.

Page of International Agreement Competitive Restrictions Page of NOTE: If a Justification and Approval was approved for the preceding acquisition, a copy of the approved J&A for the predecessor action must be included in the staff package for approval of the instant J&A. This applies to J&A staff packages that are submitted for review and approval at a level above the contracting officer. The predecessor J&A will be used as a reference document by the approving official.

Choose the funding level for this J&A Document:

J&A Type:

COORDINATION (AFFARS 5306.304(a)) ** The text in the signature blocks below is editable, including the title.

** To remove a row, click the "X" next to the signature block. CAUTION: Once removed, it can only be restored by downloading the BLANK FORM again.

APPROVAL (AFFARS 5306.304(a)) ** The text in the signature blocks below is editable, including the title.

** To remove a row, click the "X" next to the signature block. CAUTION: Once removed, it can only be restored by downloading the BLANK FORM again.

Note 1: See guidance at the end of this document for completing the following sections.

Note 2: Each field will expand automatically if additional space is needed.

I. Contracting Activity.

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

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

IV. Statutory authority permitting Other than Full and Open Competition.

V. Demonstration that the contractor's unique qualifications or nature of the acquisition requires the use of the authority cited above (applicability of authority).

VI. Description of efforts made to ensure that offers are solicited from as many potential sources as practicable.

VII. Determination by the Contracting Officer that the anticipated cost to the Government will be fair and reasonable.

VIII. Description of the market research conducted and the results, or a statement of the reasons market research was not conducted.

IX. Any other facts supporting the use of Other Than Full and Open Competition.

X. List of sources, if any, that expressed interest in the acquisition.

XI. A statement of the actions, if any, the agency may take to remove or overcome any barriers to competition before making subsequent acquisitions for the supplies or services required.

XII. Certification by the Contracting Officer.

XIII. Certification by the technical/requirements personnel.

GUIDANCE

I. Contracting Activity.

Fully identify the contracting agency and organizational activity responsible for the proposed contracting action. Specifically identify as a “Justification for Other Than Full and Open Competition.” Identify purchase request number, if applicable.

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

State whether the action will be awarded as a new contract or by modification to an existing contract (identify contract number) and identify the type contract planned (e.g., firm-fixed-price, cost-plus-incentive-fee, etc.). If exception 2 is cited (unusual or compelling urgency), state date of UCA/contract/modification issuance and amount.

An individual J&A cannot be used to support more than one contract irrespective of the quantities or the dollar value stated therein. If a proposed contract will contain unpriced options (including NTE prices), those options must be supported by a separate J&A prior to option exercise or the J&A supporting the basic contract must be a Class J&A. For Class J&A situations where the number of contracts in the class can be identified: (1) Provide brief general description of actions, (2) identify the document as a Class J&A, (3) identify the supplies and services that are being acquired, and (4) for each contract in the class identify the contractor; estimated value; type of contract and rationale for contract length; and estimated award date. Where the same information applies to more than one contract within the class, it need only be stated one time. (FAR 6.303-2(b)(2)).

III. Description of the supplies/services required to meet agency needs. (FAR 6.303-2(b)(3))

Specifically describe the supplies and/or services to be acquired including the estimated value (including options) and quantity of each item, the total estimated value of the acquisition, and the estimated delivery dates/periods of performance. For example, if commodities are being procured with technical data, support equipment, and support services (staff-hour quantity of support hours) each should be listed, not just commodity quantities. If all of the ancillary requirements associated with a particular item are not specifically described in the J&A, those ancillary requirements cannot be included in the resulting contract unless a second J&A covering those ancillary requirements is executed. Also, state the type of appropriation (e.g., 3600, 3010, 3400) that will be used to fund each requirement listed.

Here is an example of such a list:

“Under the contemplated contract, ABC Corporation will provide the following supplies and services in sustainment of the XYZ program:

(1) Approximately 30,030 staff-hours will be acquired each year for: (a) depot-level (Level II) maintenance on eight XYZ systems around the world and routine (Level 1) maintenance on the two systems located at ABC Corporation's facility, (b) help desk services (24 hours/day, 7 days/week) to provide daily assistance to military personnel to maintain the systems, and (c) software releases for the XYZ system (including any deficiency releases needed to fix minor problems that occur after a major release) and maintenance training on those software releases. The period of performance of this effort will be from January 2005 through 30 September 2005, and 3400 appropriations will fund this effort.

(2) Approximately 2,640 staff-hours will be acquired each year to convert seventeen XYZ systems into seventeen QRS systems to enable a transportable weather system to be deployed into forward locations in order to provide polar ingest capability outside the UMQ-13 polar footprint. Deliveries of these items will occur between January 2005 and March 2006, and 3400 appropriations will fund this effort.

(3) . . .

(N) . . .”

If approval for more than one fiscal year requirement is needed, give the rationale for this request. Generally, the scope of these actions is limited to current requirements only, so that actions may be taken to facilitate competition for out-year requirements. In some cases, there are no feasible actions that could develop future competition, and it is reasonable to seek approval for more than one fiscal year's requirements.

For ID/IQ or requirements contracts, use the maximum dollar value of the total estimated orders as the estimated J&A dollar value.

IV. Statutory authority permitting Other Than Full and Open Competition.

10 USC 2304(c)(?) (see Note 1 below), as implemented by FAR 6.302-? (see Note 2 below), required by FAR 6.303-2(b)(4).

Note 1: Complete the 10USC 2304(c) citation with the statutory subparagraph cited in the (a) Authority (1) Citations portion of the Competition exception used for your J&A.

Note 2: Complete the FAR citation with the appropriate subparagraph.

Note 3: For class J&As, all contracts within the class should fall within the same statutory authority. Where a different authority must be used for any contract action, a separate J&A should be prepared.

V. Demonstration that the contractor's unique…

This is the start of the file's text. The full file is on GovTribe.

File details come from the government source that posted it. Updated .