Pepro_JOFOC_final_sign.pdf

FAIR OPPORTUNITY EXCEPTION FOR

RESTRICTING COMPETITION TO ONLY ONE SOURCE

An ordering activity must justify its action when restricting consideration to one contractor or to an item peculiar to one manufacture in accordance with FAR 6.302-1.

The contracting officer must provide each awardee a fair opportunity to be considered for each order exceeding $3,000 issued under contract. Any vendor with a possible “or equals” may respond to this solicitation but will be treated as “Informational” only.

Accordingly, the following Fair Opportunity Exception is prepared in accordance with

FAR 6.303-2:

1. Identification of Agency and the Contracting Activity:

The Contracting Activity is the United States Forest Service, Chief Information Office (CIO), and the Washington Office Acquisition Management Information Technology (WO-AQM IT) Support Branch, Albuquerque Service Center, 101B Sun Ave NE, Suite 200, Albuquerque, NM 87109.

2. Nature and/or Description of Action Being Approved:

This document is an individual justification and approval document pursuant to FAR 6.302-1, for a new firm fixed price contract to be awarded to, Pepro, LLC., 671 Colbert Ave., Oil City, PA 16301. The purpose of this requirement is to procure the necessary professional services required to design, manufacture, transport and install radio communication shelters within the USDA Forest Service.

3. Description of Supplies or Services Required to Meet Agency’s Need Including

Estimated the Value:

Must be capable of designing, manufacturing, transporting, offloading, and ensure all necessary functions/approvals are complete from the National Environmental Protection Act (NEPA) or noxious weed abetment program for the site to final inspection by the USDA Forest Service. To include moving the shelter multiple times to and from forest staging areas, after installation of radio equipment and antennas if required. Communications shelters and supplies destined for remote locations and hard to access locations will require a high degree of technically competent personnel and to accomplish in some cases a manufacturer’s certification of training may be required to install shelters. The estimated cost of this action is $450,693.10.

4. Identification of the exception to fair opportunity (one of the circumstances in FAR 6.302-1) and the supporting rationale, including a demonstration that the proposed contractor's unique qualifications or the nature of the acquisition requires use of the exception cited.

In accordance with FAR 6.302-1, this justification supports that only one manufacturer is capable of providing the supplies or services required at the level of quality required and the supplies or services ordered are unique or highly specialized. The lightweight uni-body design of the PEPRO shelters with articulating mast allows for installation in remote communication sites by helicopter. The built-in Mast design negates the need to build a tower coupled with the shelter support system, allowing the placement of a shelter in remote areas with minimal environmental impact.

This JOFOC is specific to one Brand Name manufacturer and is invoked based on the following critical requirements:

a) Ground disturbance: Integrated fixed radio sites require no foundation or excavation. This minimizes the scope needed for geo-technical, environmental impact and or archeological studies. No guy wires, guy stakes, or permanent foundation required. Additionally the shelter can be installed in less than a day.

b) Faraday cage technology: The use of a patented Faraday cage system to protect from lightning strikes, Electromagnetic pulses, electromagnetic interferences, and radio frequency interferences. Lightning protection of less than 10 micro joules penetration inside the enclosure. 70 dB RFI attenuation from 20 MHz to 3.39 GHz. EMI 40dB attenuation magnetic field. This allows for a reliable grounding system without the need for buried elements.

c) Articulating tower: Eliminates the need for tower climbing. The tower extends horizontal to the ground allowing cable and antenna work before being raised into position. All antennas can be mounted and connected while the tower is in the horizontal position.

d) Turnkey site installation service: A company able to manufacture, ship, and install the communication shelter reduces the need for multiple contractors. This reduces the chance of delays and errors in installation, warranty issues, and reduces cost.

5. A determination by the contracting officer that the anticipated cost to the

Government will be fair and reasonable.

The Government performed its due diligence in doing market research for acquiring goods that would yield fair and reasonable pricing. Internet searches of similar contracts within the federal government reveal industry standards and consistent standard pricing used. Reference BLM L11PX02092, NPS P15PX01521, NPS P14PX02496, USDA FS AG-7604-C-11-0025, AG-7604-C-15-0003. Based on this research it is expected that the anticipated costs from PEPRO will be found fair and reasonable.

6. A Description of Market Research Conducted and the Results or a Statement of the

Reason Market Research Was Not Conducted:

In reviewing the technical requirements and compatibility constraints of this project, the primary hurdles that limit these efforts to other than full and open competition are derived from the technology solely possessed by PEPRO. An Industry Day was conducted on Jan 13-16, 2015 where specifications were reviewed with numerous vendors. It was found that the salient characteristics available through PEPRO would work the best for certain environments. With the Faraday lightning technology found in PEPRO shelters they work well in austere locations like mountain tops, high wind and lightning prone areas. The Forest Service has used the PEPRO shelters since 2009.

7. A Statement of the Actions, if any, the Agency May Take to Remove or Overcome

Any Barriers That Led to the Restricted Consideration Before Any Subsequent Acquisition for the Supplies or Services is Made:

The Forest Service has done due diligence to ensure that the actions they are taking are within the Federal Acquisition Regulations. By providing industry the opportunity to respond to this requirement with any possible “or equals” the barriers will continue to be tested.

The Program Office signature below provides 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.

SUBMITTED:

Yana Patton Program/Project Manager DATE

Suzan Stage Contracting Officer DATE

James Bailey Contracting Officer DATE