REDACTED_JUSTIFICATION_TO_FAIR_OPPORTUNITY.PDF

DEFENSE LOGISTICS AGENCY

AVIATION

8000 JEFFERSON DAVIS HIGHWAY

RICHMOND, VIRGINIA 23297-5002

JUSTIFICATION FOR EXCEPTION TO FAIR OPPORTUNITY

I. CONTRACTING ACTIVITY

This Justification and Approval to request authority for an exception to the Fair Opportunity requirement for the Defense Logistics Agency, Richmond, DLA Aviation-FAKE. The contracting authority for this requirement is Defense Logistics Agency (DLA) Aviation, FAKE.

The applicable Contract number in regards to this Justification and Approval is SPE4A6-15-D- 0008.

II. NATURE AND/OR DESCRIPTION OF THE ACTION BEING PROCESSED

Due to the circumstances described herein, this activity requests authority to acquire the items/spares listed in this document under Contract SPE4A6-15-D-0008 using exception outlined in FAR 16.505(b)(2)(B), “Only one awardee is capable of providing the supplies and services required at the level of quality required because the supplies or services are unique and highly specialized.” This Contract resulted from a solicitation for 4 items which would result in 2 indefinite delivery indefinite quantity contracts, each with a base ordering period of year and four option years. Under these contracts, all awardees would be provided a fair opportunity to compete for delivery orders.

DLA Aviation needs to issue orders on a non-competitive basis for the remainder of the term of Contract SPE4A615-D-0008. On June 7, 2016 the other contract, SPE4A6-15-D-0007with DCX Chol, was terminated for default. Only Contract SPE4A6-15-D-0008 remains. The contract allows for the issuance of orders non-competitively, at the awarded prices. Requirements for the identified items will ordered through SPE4A6-15-D-0008 from the following company:

General Cable Industries Inc.

4 Tesseneer Drive Highland Heights, KY 41076-9167

III. DESCRIPTION OF THE SUPPLIES/SERVICES REQUIRED TO MEET THE

AGENCY’S NEEDS

Specifically the requirements incorporate a total of four National Stock Numbers contained in Contract SPE4A6-15-D-0008 with an estimated current maximum three year dollar value of $3,253,866. When this contract was awarded, the maximum dollar value was defined as $9,628,983 of which a total of $837,238 was spent. The contract is in option period 1 and there are a total of three option periods remaining. These four items are used on the Patriot Missile.

The requirements issued against the contract will be funded as the requirements arise under the Working Capital fund..

DEFENSE LOGISTICS AGENCY

AVIATION

8000 JEFFERSON DAVIS HIGHWAY

RICHMOND, VIRGINIA 23297-5002

in response to the solicitation as both vendors that were awarded contracts submitted competitive pricing. Although delivery orders can no longer be competed, the contract allows for the non-competitive issuance of delivery orders at the stated contract price.

VI. ANY OTHER FACTS SUPPORTING JUSTIFICATION:

Following fair opportunity procedures would be impossible due to the default termination of one the two competing contracts. If order cannot be issued non-competitively, DLA Aviation risks a gap in support, which could be detrimental to the customer.

VII. A STATEMENT OF ACTIONS THE AGENCY MAY TAKE TO REMOVE OR

OVERCOME BARRIERS THAT LED TO THE EXCEPTION TO FAIR

OPPORTUNITY BEFORE ANY ACTIONS ARE TAKEN:

The agency allowed for enhanced competition by making a multiple award on these items to allow the competition of delivery orders. At the time these awards were made it was not forseeable that one of the contracts would be terminated for default.

Since award, another source has become approved to manufacture these items. The Contracting Officer will conduct market research prior to exercising any option to consider, pursuant to FAR 17207(c)(3), whether exercising the option is “the most advantageous method of fulfilling the Government’s need” for these items. At that time a decision may be made to re-compete the requirement rather than exercise an option.

VIII. CONTRACTING OFFICER’S CERTIFICATION:

The contracting officer’s signature on the Coordination and Approval Document evidences that he/she has determined this document to be both accurate and complete to the best of his/her knowledge and belief.

IX. TECHNICAL/REQUIREMENTS PERSONNEL’S CERTIFICATION:

Technical and/or requirements personnel have certified that any supporting data contained herein, which is their responsibility, is both accurate and complete.

X. CERTIFYING OFFICIAL DETERMINATION:

I hereby determine, per FAR 16.505(b)(2)(B), that “Only one awardee is capable of providing the supplies and services required at the level of quality required because the supplies or services are unique and highly specialized.” The Contracting Officer may issue orders under contract SPE4A6-15-D-0008 on a non-competitive basis for the remainder of the Contract.