fair opportunity exception justification vindicator_9 Jul 24.pdf

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

CONTROLLED UNCLASSIFIED INFORMATION

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Is this a brand-name justification? Yes No Please provide the product title and description. [ FAR16.505(a)(4)(i) ]

Brand-Name Product Title: Honeywell Vindicator - Vindicator Alarm System

Brand-Name Product Description: Vindicator Alarm System

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

Contracting Activity: 7 CONS

Purchase Request / Local ID Number: F1R3104156AW01/FNWZ-24-0003

Program Name (and Program Element, if applicable): Repair Main Water Plant, Bldg 8215

Estimated Cost/Price of the Order (including options): $568,296.72

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

Type of D etermination: Individual Class Expires: [ click and select ]

Click here for instructions to complete the boxes below.

(1) Contracting Activity:

7th Contracting Squadron, Dyess AFB

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

This requirement is to renovate and update the base water treatment plants as well as the ground storage tanks. The contractor shall furnish all plant, labor, materials, equipment and performance of operations required for design and construction/ installation as described within Statement of Objectives within this requirement the prime contractor is required to install new Honeywell Vindicator intrusion detection system on Main Entrance, Overhead Door, & Pump Room Personnel Door.

The proposed purchase of brand name Honeywell Vindicator equipment is requested to keep consistency, efficiency, and seamless operational flow. As a proprietary equipment, these Honeywell Vindicators have been a reliable part of our arsenal, contributing significantly to our overall productivity. Our current inventory already includes equipment from this vendor, and end-users are well-versed in their operation and maintenance. It ensures compatibility and interoperability with the existing equipment, thereby reducing potential complications and delays that may arise from introducing new, incompatible equipment. Therefore, a brand name purchase of a vindicator is requested.

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

In accordance with the stringent security guidelines outlined in DAFI 31-101 Physical Security Program and DAFI 31-401 Information Security Program Management, the Air Force maintains a rigorous set of standards for its security protocols. Given these strict requirements, multiple resellers have been approved to offer Honeywell Vindicator proprietary integrated security systems.

The supply requirement for Honeywell Vindicator integrated security system directly addresses the agency's need for a comprehensive security solution that combines Intrusion Detection Systems (IDS), Access Control Systems (ACS), and video surveillance capabilities into a unified platform. This system streamlines security operations and provides enhanced functionality and interoperability, ensuring that our organization benefits from a tailored and seamless security solution.

Alongside the procurement of this equipment, the Statement of Work (SOW) for this requirement necessitates that the contractor assumes responsibility for installing a new Honeywell Vindicator Intrusion Detection System (IDS) at the following locations:

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1. Main Entrance:

The contractor will install and configure IDS components to secure the primary point of access to the facility.

2. Overhead Door:

The contractor will equip the overhead door with the necessary IDS components, ensuring comprehensive security coverage for all potential entry points.

3. Pump Room Personnel Door:

The contractor will install IDS components at the pump room personnel door, prioritizing the security of critical equipment and infrastructure.

The installation document will outline the general requirements for the implementation of the Honeywell Vindicator Electronic Security System, which encompasses both an Intrusion Detection System (IDS) and an integrated Access Control System (ACS).

The following is a high-level summary of the specifications:

Fiber hub switch:

Necessary components and configurations to support the Honeywell Vindicator System's IDS and ACS functionalities.

Intrusion Detection System (IDS):

Equipment, software, and connectivity requirements to ensure effective intrusion detection capabilities.

Cable and Conduit:

Specifications for cabling and conduit materials, routing, and protection to support the Honeywell Vindicator System's components.

Installation and Other Services:

Detailed guidelines for installation, configuration, testing, and commissioning of the Honeywell Vindicator System.

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

Dyess AFB and the United States Air Force (USAF) currently utilize the Honeywell Vindicator system as their standard security and alarm system. Transitioning to a different brand would necessitate extensive modifications to the existing infrastructure, involving the replacement of all panels and cables to ensure compatibility and communication between the Honeywell Vindicator system and the newly introduced brand. This transition would lead to increased costs and operational disruptions, negatively impacting the overall efficiency and effectiveness of the security system.

Considering the existing Vindicator systems at Dyess AFB, which were procured under contracts FA466120F0034, FA466120F0045, FA466122P0035, and FA466120F0097, Vindicator has been selected as the most cost-effective option for base-wide standardization. Vindicator is a proprietary system owned by Honeywell. Although Honeywell is the sole source capable of fulfilling this requirement it will be up to the prime contractor to acquire and install.

In light of these considerations, it is strongly advised to maintain consistency and uniformity across the alarm system by continuing to use the Honeywell Vindicator brand. This approach would minimize the need for costly infrastructure upgrades, streamline maintenance and support, and ultimately result in long-term cost savings. By adhering to a single, cohesive security system, Dyess AFB and the USAF can ensure seamless integration, enhanced interoperability, and optimized performance, leading to improved safety and protection for the facilities and personnel involved.

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

This requirement is anticipated to be awarded on the Dyess AFB SABER Contract. Each individual task order determines Price Fair and Reasonable (PF&R) based on RS Means pricing, any non-prepriced items are individually negotiated.

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(6) Other facts supporting the justification:

During the fiscal years FY21 - FY23, a similar acquisition process was successfully executed. As a result, the following six businesses were awarded procurement contracts by the USAF to purchase Honeywell Vindicator equipment:

1. Banning Contracting Services Inc: A Service-Disabled Veteran-Owned Small Business (SDVOSB) and Veteran-Owned Small Business (VOSB) (Award: 08/27/2020 - FA480320P0055 -20 CONS - $257,461.00)

2. Drake Consulting: A Small Business (SB) (Award: 09/30/2021 - FA466121P0061 - 7 CONS - $71,556.58)

3. HQE Systems Inc: A Service-Disabled Veteran-Owned Small Business (SDVOSB) and Veteran-Owned Small Business (VOSB) (Award: 09/15/2023 - FA466123P0117 - 7 CONS - $58,473.58)

4. Desert Datacom Inc: A Small Business (SB) (Award: 03/22/2021 - FA487721P0027 - 355 CONS - $16,491.86)

5. LDIA Holdings LLC: Small Business (Award: 06/23/2022 - FA480322F0037 - 20 CONS - $326,061.05)

6. Chris Wolf Inc: Small Business (SB) and Veteran-Owned Small Business (VOSB) (Award: 09/21/2023 - FA301623P0249 - 502

CONS - $92,705.49)

These small businesses have demonstrated their capability to provide competitive quotes, thereby encouraging competition and potentially leading to more favorable pricing to the prime contractor and increased small business participation in the procurement process.

(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:

The customer remains vigilant in monitoring the market for equipment with enhanced capabilities. In the event that an upgrade to the existing equipment becomes necessary, the customer will actively seek competition at that juncture. By maintaining a proactive approach to market research and staying informed about advancements in technology, the customer is committed to ensuring that the most capable and up-to-date equipment is acquired, thereby maximizing the efficiency and effectiveness of the procurement process. The contracting office in addition to the customer remain vigilant in determining price fair and reasonable.

(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.

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

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Date

27 Jun 2024

Contracting Officer [ TSgt Brandon L. Gilbert]

[ 7CONS/325-696-3862 ]

Signature

X

Date

09 Jul 2024

Chief of the Contracting Office (COCO) [ Major Kevin T. Whitt ]

[ 7CONS/ 325-696-2352]

Signature

X

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

Signature

X

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

Signature

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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.

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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 v 18 Jan 2024 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 DAFFARS 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.

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