18-1087B_JA_Exemption to Fair Opportunity.pdf

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

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Is this a brand-name justification? Yes No

Is this a Bridge Action as defined in the AF Bridge Action Reduction Plan? Yes No

Contracting Activity: 30 CONS/PKA, Vandenberg SFB, CA

Purchase Request / Local ID Number:

Program Name (and Program Element, if applicable): Simplified Acquisition of Base Engineering Requirements (SABER)

Estimated Cost/Price of the Order (including options): $84,373.00

Type Program (see DAFFARS 5302.101 for definitions): PEO Program Operational Enterprise

Type of D etermination: Individual Class Expires: [ click and select ]

Fair Opportunity Exception: FAR 16.505(b)(2)(i) (Check the applicable subparagraph below.)

(A) (B) (C) (D) (E) (F) (G) Check this box to display the FAR 6.302 exceptions.

Click here for instructions to complete the boxes below.

(1) Contracting Activity:

The 30th Contracting Squadron, Infrastructure Support Acquisition Flight (30 CONS/PKA), 1515 Iceland Ave., Bldg. 8500, Room 150, Vandenberg SFB, CA, is the contracting organization responsible for this action.

(2) Nature and/or description of the action being approved:

This action will result in a follow-on firm-fixed-price task order to the incumbent, SJD&B, Inc., under Contract FA461020D0003, Task Order FA461024F0146. This task order will address project number/title XUMU18-1087B, Renovate/Upgrade Restroom and Sewer Drainage Lines, Facility No. 11070. The necessary repairs stem from extensive water leakage from the roof and downspouts above the restroom areas, which has caused significant damage to the gypsum board, insulation, wallpaper, and carpeting. This unforeseen damage has also led to mold development, which requires mitigation.

(3) Description of the supplies/services required to meet the agency's needs:

This project falls under the Simplified Acquisition of Base Engineering Requirements (SABER) Multiple- Award IDIQ contract. The SABER contract includes all management, supervision, labor, materials, equipment, and incidentals necessary for a broad range of maintenance, repair, and minor construction work on various real property facilities. This also includes design and engineering services incidental to construction. The SABER contract encompasses multiple trades, including but not limited to carpentry, plumbing, electrical, mechanical, painting, pipe fitting, sheet metal, welding, roofing, site work, site utilities, excavation, concrete, masonry, pavement repair, asbestos abatement, lead paint removal, security hardware installation, and demolition. This task order involves mitigating mold and moisture damage to wallpaper, drywall, insulation, and carpet in the restrooms and adjacent stairwell areas.

Scope of Work / General Description of the Project:

• Provide an approved mold mitigation plan.

• Remove water-damaged wallpaper from walls shown in the Attachment 1 sketch that were not included in the original contract SOW. Areas where drywall is not being removed and replaced shall have the v 18 Jan 2024 CONTROLLED UNCLASSIFIED INFORMATION Page 2 of 5v 18 Jan 2024 CONTROLLED UNCLASSIFIED INFORMATION Page 2 of 5 surface sprayed with an approved mold fungicide per the mitigation plan.

• Remove and replace water-damaged drywall 4'0” above the finished floor elevation not included in the original contract.

• Remove and replace water-damaged insulation from walls.

• Spray the lower portion of all walls within the interior bathroom area with mold fungicide per the mitigation plan. All areas will be air-dried before installing new insulation or finishes.

• Patch, prepare, texture, and paint hallway walls not included in the original contract.

• wallpaper from the stairwell area. • Remove phone area shelving, which will not be reinstalled.

• Retain all stairwell area trim, patch, and paint after mold mitigation.

• Remove water-saturated carpeting in the stairwell from the 1st-floor level to the last step at the 2nd-floor landing.

• Spray all walls within the interior stairwell area with mold fungicide per the mitigation plan. All areas will be aired and dried out before installing new insulation or finishes.

• Patch, prepare, texture, and paint all walls within the interior stairwell footprint.

• Install new vinyl stair treads and risers.

(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) (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.”

The previous project, XUMU18-1087B, Renovate/Upgrade Restroom and Sewer Drainage Lines, Facility No.

11070, under Contract No. FA461020D0003, Task Order FA461023F0154, was awarded in Fiscal Year 2023 to repair and renovate the Women's (Rm 148) and Men's (Rm 149) restrooms' plumbing to correct drainage issues due to degraded below-grade piping. The project included restoring finishes to their original configuration using updated plumbing fixtures, such as ceiling-hung partitions, water closets, urinals, sinks, countertops, partitions, soap dispensers, toilet paper dispensers, faucets, light fixtures, fans, switches, and receptacles. This previous project was a competitive acquisition solicited as a Fair Opportunity Proposal Request (FOPR) to three 8(a) small business contractors: CM Construction Services Inc., ENH LLC, and SJD&B Inc., under the SABER IDIQ. The contractors' proposals were evaluated for technical acceptability based on the Lowest Price Technically Acceptable (LPTA) criteria. SJD&B Inc. was awarded the task order on 3 August 2023.

During the construction phase of Task Order FA461023F0154, XUMU18-1087B, Renovate/Upgrade Restroom and Sewer Drainage Lines, Facility No. 11070, in early March 2024, heavy rains and strong winds (35-50 knots) caused significant roof leaks directly above the restrooms and adjacent areas. Incorporating the subject project into the previous project would be in the best interest of economy and efficiency as a logical follow-on. Re-competing a new task order under a SABER Fair Opportunity Proposal Request (FOPR) would be neither economical nor efficient from a cost or manpower perspective, considering the resources required and the similarity of services needed in the same facility and work area (as described in Section 3 above).

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Additionally, all awardees were given a fair opportunity to be considered for the original order.

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

The anticipated cost to the Government will be determined to be fair and reasonable through a technical evaluation conducted by Government technical experts, an analysis of historical pricing data for similar previous contracts, and by requesting the contractor to provide data other than certified cost and pricing data, including prior sales data for project materials.

(6) Other facts supporting the justification:

N/A

(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:

To increase fair opportunity in future acquisitions, the Government Civil Engineering (CE) project manager must conduct thorough investigations of project sites before developing project requirements. They should also review current and planned projects where multiple contractors may work in the same building and/or on the same system. This information will help ensure projects are awarded within the same fiscal year, either combined or sufficiently spaced out so that each project can be performed independently.

(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 FAR 16.505(b)(2)(i) applies to the order.

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

REMOVING ROWS: CAUTION (click here first) NOTE: The text in the signature blocks below is editable, including the title.

Date

26 Jul 2024

Program Manager Milton O. Johnson Jr.

30 CES/CENMP/ (805) 605-7365)

Signature

X

Date

26 Jul 2024

Contracting Officer Albert Thompson

30 CONS/PKA/ (805) 605-0496

Signature

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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.

https://usaf.dps.mil/sites/AFCC/KnowledgeCenter/templates_admin/aqc-front.jpg https://usaf.dps.mil/sites/AFCC/KnowledgeCenter/templates_admin/aqc-back.jpg Justification for an Exception to Fair Opportunity or to Use Brand-Name Restriction v 18 Jan 2024 Page of Is this a brand-name justification?

Please provide the product title and description. [ FAR16.505(a)(4)(i) ] Is this a Bridge Action as defined in the AF Bridge Action Reduction Plan?

Type Program (see DAFFARS 5302.101 for definitions):

Type of D etermination:

Fair Opportunity Exception: FAR 16.505(b)(2)(i) (Check the applicable subparagraph below.)

(1) Contracting Activity:

(2) Nature and/or description of the action being approved:

(3) Description of the supplies/services required to meet the agency's needs:

(4) Justification for restricting consideration to a brand-name item:

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

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

(6) Other facts supporting the justification:

(7) Actions the agency may take to remove or overcome any barriers to decreasing the use of brand-name items before any subsequent acquisition of the supplies or services:

(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:

(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 FAR16.505(a)(4)(i) applies to the order:

As evidenced by my signature below, I hereby determine that the use of brand-name restriction applies.

(10) Approving Official's determination that one of the circumstances in FAR 16.505(b)(2)(i) applies to the order.

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

NOTE: The text in the signature blocks below is editable, including the title.

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.

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.

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