FedEx JEFO for NB192020-24-00208 redaction.pdf

JUSTIFICATION FOR AN EXCEPTION TO FAIR OPPORTUNITY

Purchase Request No. NB192020-24-00208

1. Identification of the agency and the contracting activity.

U.S. Department of Commerce

National Institute of Standards and Technology (NIST)

Acquisition Management Division (AMD)

Gaithersburg, MD 20899

2. Nature and/or description of the action being approved.

This is a non-competitive acquisition to acquire domestic and international express small package delivery services for and domestic ground small package delivery services for

NIST campuses in Gaithersburg, Maryland; Boulder, Colorado; and Charleston, South

Carolina.

Office of Management and Budget memo M-17-29, 27 July 20217, directs all Federal

Agencies to use the Government-wide solution Next Generation Delivery Service (NGDS) contract to meet their global air and small package delivery service. NGDS is a government-wide, Best-in-Class contract for domestic and international express small package delivery services and domestic ground small package delivery services. The contract represents the

Federal Government's acquisition approach to consolidate federal package delivery contracts into one government-wide contract under the purview of DoD's U.S.

Transportation Command (USTRANSCOM), a specialized buyer of transportation services on a global scale. The contract results from the collaborative efforts of an interagency team of DoD and executive agency representatives, working together to design a government-wide solution based on category management principles. The contract represents the

Federal Government's acquisition approach to consolidate federal package delivery contracts into one government-wide contract under the purview of

USTRANSCOM, a specialized buyer of transportation services on a global scale. The contract results from the collaborative efforts of an interagency team of DoD and executive agency representatives, working together to design a government-wide solution based on category management principles.

3. A description of the supplies or services required to meet the agency's needs (including the estimated Value).

NIST requires domestic and international express small package delivery services and domestic ground small package delivery services for its locations in Gaithersburg, Maryland; Boulder, Colorado; and Charleston, South Carolina. Overall, the NIST sites typically ship approximately

33,300 domestic and international shipments annually. Those shipments include chemicals, equipment, gases, test specimens, radioactive material, hazardous material, and special handling packages (e.g., refrigerated, or frozen).

The performance period will be from 4/1/2024 through 9/30/2024, plus four one-year options.

Estimated Value: $2,100,000.00

4. Identification of the exception to fair opportunity (see 16.505(b)(2)) and the supporting rationale, including a demonstration that the proposed contractor's unique qualifications or the nature of the acquisition require the use of the exception cited.

In accordance with FAR 16.505(b)(2)(b), only one awardee 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.

FedEx is the only provider under the NGDS program that can ship NIST-required specific nuclear materials. FedEx also offers specific boxes, such as their proprietary cold packaging, designed to keep shipments between 35°F-46°F for 48 or 96 hours without using dry ice or gel packs. NIST

SRM hazard materials are characterized samples that the labs produce and that the Measurement Services Division (MSD) distributes to domestic and international customers. Therefore, due to NIST's need to transport inherently mandatory hazardous materials and the ability to offer specific boxes to keep shipments between 35°F-46°F for 48 or 96 hours without using dry ice or gel packs, it is more advantageous to NIST to ship through FedEx when shipping mandated nuclear materials.

5. A determination by the contracting officer that the anticipated cost to the Government will be fair and reasonable.

The Contracting Officer will only award a task order if they determine the anticipated cost to NIST to be fair and reasonable. They will rely on established rates in the NGDS contracts, historical information, and their professional judgment to determine fairness and reasonableness.

6. Any other facts supporting the Justification.

None

7. A statement of the actions, if any, the agency may take 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.

The AMD will closely scrutinize subsequent requests to acquire domestic and international shipping services and ensure that competition restrictions are adequately documented and supported.

8. The contracting officer's certification that the Justification is accurate and complete to the best of the contracting officer's knowledge and belief.

https://gcc02.safelinks.protection.outlook.com/?url=https%3A%2F%2Fwww.acquisition.gov%2Ffar%2Fpart-16%23FAR_16_505&data=05%7C02%7Cteresa.harris%40nist.gov%7Cc4dac63420b44a0101d508dc4cda123f%7C2ab5d82fd8fa4797a93e054655c61dec%7C0%7C0%7C638469747367030719%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C0%7C%7C%7C&sdata=HTb9RLUAqfzK7BCdOVvDjBKTMtdeYjaz5wdmp3yhpvE%3D&reserved=0 https://gcc02.safelinks.protection.outlook.com/?url=https%3A%2F%2Fwww.acquisition.gov%2Ffar%2Fpart-16%23FAR_16_505&data=05%7C02%7Cteresa.harris%40nist.gov%7Cc4dac63420b44a0101d508dc4cda123f%7C2ab5d82fd8fa4797a93e054655c61dec%7C0%7C0%7C638469747367030719%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C0%7C%7C%7C&sdata=HTb9RLUAqfzK7BCdOVvDjBKTMtdeYjaz5wdmp3yhpvE%3D&reserved=0

See Below

9. Evidence that any supporting data that is the responsibility of technical or requirements personnel (e.g., verifying the Government's minimum needs or requirements or other rationale for an exception to fair opportunity) and which form a basis for the Justification have been certified as complete and accurate by the technical or requirements personnel.

See Below

10. A written determination by the approving official that one of the circumstances in paragraphs (b)(2)(i)(A) through (E) and (G) of this section applies to the order.

11. (C) Approval.

TECHNICAL REQUIREMENTS PERSONNEL CERTIFICATION

I certify that the supporting data used to form the basis of this Justification is complete and accurate to the best of my knowledge and belief.

MICHELLE WIMS Date: 2024.03.29 16:18:28 -04'00' Digitally signed by MICHELLE WIMS

Michelle Wims

Contracting Officer's Representative

CONTRACTING OFFICER CERTIFICATION

By signature on this Justification for Justification for an Exception to Fair Opportunity, the

Contracting Officer certifies that this Justification is accurate and complete to the best of their knowledge and belief.

TERESA HARRIS Digitally signed by TERESA HARRIS

Date: 2024.03.29 16:57:20 -04'00'

Teresa Harris

Contracting Officer

APPROVAL:

Joseph Widdup

NIST Competition Advocate