FOE_NGS_redacted_8 Oct 24.pdf

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

SOURCE SELECTION SENSITIVE

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

The specific exception that precludes the fair opportunity process for this acquisition is 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”.

10 Jun 2020: Defense Standardization Council Meeting set priorities that identified cost savings through consolidated/centralized management of NGS. Course of Action (COA) A-Services/Agencies continue consolidation contract efforts and monitor (e.g., contract costs, number of contracts reduced).

15 Aug 2017: Under Secretary of Defense for Acquisition, Technology and Logistics USD(AT&L) Memo to Service Acquisition Executives (SAE) and DLA to develop a plan in coordination with the Defense Standardization Program Office. This plan should consolidate access agreements and leverage existing agreements.

17 Mar 2014: AFMC/ENR - Engineering Resources Deputy Director, Mr. Richard Baker's Specifications & Standards Briefing identified standardization is an enabling strategy to help achieve material and operational interoperability, reduce system life-cycle cost, logistics footprint, and procurement cycle time. “…a body of knowledge & data which is a fundamental input to the systems engineering (SE) process. IHS provides a single point of access for current and historical specs & standards, used by all of DoD. WPAFB established initial IHS in 1999 to reduce costs.

Previous NAICS used was 334614 (no longer valid as of 2022) and was awarded to a large business. Updated NAICS is 519290 Based on market research conducted from 24 Apr -06 May 24, it has been determined that small businesses are not currently capable of satisfying the requirements in a centralized system for this acquisition. As such, Allium US Holding LLC (f/k/a Information Handling Services - IHS) remains the sole source for providing these necessary capabilities to the Air Force Materiel Command (AFMC). In accordance with Air Force Instruction (AFI) 10-2502, "Continuity of Operations (COOP) Program", it is the policy of the Department of Air Force to maintain a comprehensive and effective continuity capability. The aim is to ensure the Department of Air Force can better continue carrying out essential functions, minimize the impact of disruptions on its resources.

Allium US Holding LLC is the only source capable of providing this critical mission requirement, as recommended by the Command Standardization Office (CSO) of HQ AFMC/ENS. Until an enterprise-wide subscription to Non- Government Standards (NGS) via the Acquisition Streamlining & Standardization Information System (ASSIST) is implemented, Allium US Holding LLC remains the recommended source for continuing subscriptions.

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

Determination by the Contracting Officer the anticipated cost to the government will be fair and reasonable. The prices listed on the Federal Library and Information Network (FEDLINK) are negotiated and have been determined to be fair and reasonable. This determination ensures the government is paying a price that is justified, considering the market conditions, nature of the work, and the risks involved. Tinker shares 98 subscription licenses with other AFMC bases supported by this DO, for a complete breakout of individual price per subscription please refer to the IGE identifying 112 subscription licenses associated with Tinker AFB of the 441 subscriptions offered by the FEDLINK GWAC identified on the Air Force Independent Government Estimate . The cost savings of issuing and managing a DO from Tinker vs GSA managing the subscription licenses is $263,904,033.48.

GSA Annual Pricing NGS Annual IGE Base $51,303,492.20 Base Option 1 $56,202,691.66 Option 1 Option 2 $61,795,572.14 Option 2 Option 3 $67,826,514.51 Option 3 Option 4 $74,455,982.41 Option 4 Total $311,584,252.92 Total v 18 Jan 2024 SOURCE SELECTION SENSITIVE Page 5 of 6v 18 Jan 2024 SOURCE SELECTION SENSITIVE Page 5 of 6

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.