RAMS_fair_opportunity_exception_justification_Final_Redacted.pdf

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

CONTROLLED UNCLASSIFIED INFORMATION

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The scope for this follow-on action is in effect identical to the previous task order. Work requires specialized technical and operational expertise to operate, inspect, test, maintain, and repair equipment within the Restricted area to include HVAC, Power Production, and EMCS which requires a combination of broad systems knowledge and skill sets. Additionally, this contract requires mechanical and electrical engineering expertise to address complex problems as they arise. Correctly identifying operation configurations and capabilities, analyzing alternative solutions and implementing corrective actions to keep utility systems operating at required reliability rating is complicated as there are a myriad of interactions and effects to consider, in order to satisfy mission needs. Work requires daily/routine coordination with mission elements within the RA, subordinate centers and numbered AF units, wing/ base organizations. The work performed under this contract includes support of the multi-million dollar utility systems inventory within the RA directly supporting a Space Based Infrared System enterprise.

Complexity of tasks performed under this contract are considered to be high. While the scope of work allows for competition, current conditions within the site elevate the risks to successful execution at this time. Many of the systems within the Restricted Area and due to the issues identified below, require a stable labor force to protect the mission essential operations.

First, there have been issues with the . The programmable logic controllers (PLCs) and generator controllers are obsolete and no longer supported by the manufacturers. Several of the processors have a . A project was awarded November 2020 to replace this system, while work under this project is scheduled to be complete no later than

Continuity of service during this time will allow the

Government and RAMS contractor to adequately determine the scope of work for additional system upgrade, providing long term sustainability of this priority system.

Secondly, there have been . The existing condensing water system for , responsible for cooling generators and indoor chillers, has

. Visual inspections in February 2024 revealed significant amounts of

. Furthermore, in A contract was awarded on to address these issues via a repair by replace project. The upgraded system will improve the HVAC and power production infrastructure, and will be controlled and integrated with the EMCS system.

Market research was conducted to provide competition to the maximum extent practicable. While the basis for the requirement would allow for competition, the immediate conditions on the site have a significant impact on the Government's assessment of performance and transition risk. This contract requires highly-specialized, TS/SCI-cleared technical personnel, to meet the requirement to maintain the mandatory requirement for critical electrical and HVAC services. Per the Performance Work Statement (PWS), this contract is designated "mission essential" to provide uninterrupted utility services to the Restricted Area with a performance threshold of unscheduled downtime a year. These contract provide 24/7/365 coverage to operate and maintain highly complex infrastructure that supports multiple

As a result of the information contained within this document, the Government asserts that transitioning contractors at this critical juncture presents a significant and unacceptable risk to the services provided under this mission essential contract. Therefore, award to the incumbent contractor under the authority of a logical follow-on is in the best interest of the Government to reduce the operational risk.

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

The Contracting Officer (CO) will perform price analysis and negotiate the price of the order as needed. 460 CONS

May 2026 CONTROLLED UNCLASSIFIED INFORMATION Page 3 of 6May 2026 CONTROLLED UNCLASSIFIED INFORMATION Page 3 of 6 has comprehensive historical pricing for this requirement, as well as, robust commercial pricing for similar services category to guide the negotiation. The CO anticipates achieving a fair and reasonable price through negotiations and if needed the CO can request other than certified cost and pricing data to ensure the final negotiated price is fair and reasonable.

(6) Other facts supporting the justification:

None

(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:

While this work has historically been competed, current . Turnover of contract management and personnel would further increase that risk to an unacceptable level. Therefore, a bridge contract action is necessary. To mitigate risk and remove barriers to fair opportunity in the future, Buckley SFB has 2 projects within the Restricted Area to address the old and failing equipment. Completion of the Power Plant Control System project and stabilization of the cooling system will provide conditions where there is an acceptable level of risk for the Government to compete this requirement.

While a bridge contract is necessary in the short term to address the risks previously discussed, 460 CONS is diligently working on a competitive task order under OASIS+ that will fulfill this requirement for the long term. That Task Order is anticipated to be competitively awarded by mid FY27.

(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 one of the circumstances in RFO 16.507-6(b) applies to the order.

As evidenced by my signature below, I hereby determine that the fair opportunity exception checked on page 1 applies.

Date

13 Aug 2026

OIC, Service Contracts

1st Lt Marcus Ariel

460 CES /

Signature

ARIEL.MARCUS.A.1

545968823

Digitally signed by

ARIEL.MARCUS.A.1545968823

Date: 2026.08.13 13:24:46 -06'00'

May 2026 CONTROLLED UNCLASSIFIED INFORMATION Page 4 of 6May 2026 CONTROLLED UNCLASSIFIED INFORMATION Page 4 of 6

Date

13 Aug 2026

Contracting Officer Claudia P. Evans / PKB Flight Chief

460 CONS / PKB /

Signature

Date

28 Aug 2026

Chief of Contracting Office Maj. Cyrus H. Olsen

460 CONS / PK /

Signature

EVANS.CLAUDIA.PAT

RICIA.1259173929

Digitally signed by

EVANS.CLAUDIA.PATRICIA.1259173929

Date: 2026.08.13 13:26:45 -06'00'

OLSEN.CYRUS.H.13998

63216

Digitally signed by

OLSEN.CYRUS.H.1399863216

Date: 2026.08.28 15:20:29 -06'00'

May 2026 CONTROLLED UNCLASSIFIED INFORMATION Page 5 of 6

Instructions for Completing the Template

(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 RFO 16.507-6(b) and the supporting rationale. RFO 16.507-2(a) requires the Contracting Officer to provide each awardee under a multiple award contract, a fair opportunity to be considered for each order exceeding the micro-purchase threshold unless a statutory exception applies. 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.

RFO 16.507-6(b)(1): “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.

RFO 16.507-6(b)(2): “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.

RFO 16.507-6(b)(3): “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.

RFO 16.507-6(b)(4): “It is necessary to place an order to satisfy a minimum guarantee.”

RFO 16.507-6(b)(5): “For orders exceeding the simplified acquisition threshold, a statute expressly authorizes or requires that the purchase be made from a specified source.”

RFO 16.507-6(b)(6): “For DoD, the order satisfies one of the exceptions permitting the use of other than full and open competition listed in part 6.103 (10 U.S.C. 3406(c)(5)). The public interest exception must not be used unless Congress is notified in accordance with 10 U.S.C. 3204(a)(7).”

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 fair opportunity could

May 2026 CONTROLLED UNCLASSIFIED INFORMATION Page 6 of 6 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) Provide any other facts supporting the use of exceptions to the fair opportunity process.

(6) 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.

New RFO 6.103 Exceptions for drop down 6.103-1 Only one responsible source and no other supplies or services will satisfy agency requirements 6.103-2 Unusual and compelling urgency 6.103-3 Industrial mobilization; engineering, developmental, or research capability; or expert services 6.103-5 Authorized or required by statute 6.103-6 National security 6.103-7 Public interest