YTPM 22-0003 JA Brand Name or Equal Hangar 1 - SIGNED REDACTED.pdf

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

NEGOTIATION SENSITIVE

16 Jun 2022 NEGOTIATION SENSITIVE Page 2 of 516 Jun 2022 NEGOTIATION SENSITIVE Page 2 of 5

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

Based upon the estimate and analysis as provided by the 439th Civil Engineering, the contracting officer expects they will be able to determine that the anticipated cost to the Government will be fair and reasonable.

(6) Other facts supporting the justification:

a. Maintenance, Use and Repair training for these systems is brand-name specific, and it is necessary to integrate the fall protection systems into the existing base infrastructure per Occupational Safety and Health Administration requirements and Unified Facilities Criteria (UFC). With multiple brand names, the systems upkeep and maintenance would require increased time to maintain and repair all the different systems, as well as additional bench stock and capability issues. The costs over the life cycle of the systems would be increased for service, annual maintenance and required periodic re-certification. The costs and time requirements for training would also be increased because they are brand-name specific.

b. The Air Force Instruction (AFI) 32-1023 requires bases to develop and incorporate an Installation

Facilities Standard (IFS) document as part of the Air Force Corporate Facilities Standards (AFCFS) program. Facility designs are required to reflect careful consideration and coordination of standardized features. All designs should incorporate standardization to the maximum extent possible in accordance with the definitive base standards and base master plans.

(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:

The solicitation for the roof repair project will be a competitive Request for Proposal (RFP) project is being offered as a Full and Open Competition with Subcontracting to Small Businesses. The brand name components represent a small portion, approximately 3% of the overall construction project that is being completed. Potential suppliers may have the opportunity to propose compatible products for consideration.

(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.

16 Jun 2022 NEGOTIATION SENSITIVE Page 3 of 516 Jun 2022 NEGOTIATION SENSITIVE Page 3 of 5

Date

09 Jan 2024

Program Manager Richard B. Colburn, Jr.

439 CE/CECD, 413-557-2433

richard.colburn.1@us.af.mil

Signature

Date

10 Jan 2024

Contracting Officer Ewa Gosselin

439 CONF/PKB, 413-557-2828

ewa.gosselin@us.af.mil

Signature

Date

11 Jan 2024

Local Legal Reviewer Paul Clawson, Maj. USAF

HQ AFRC/JA OL/JA Westover ARB, 413-557-2201 paul.clawson.2@us.af.mil

Signature

Date

19 Jan 2024

Chief of the Contracting Office (COCO) Kimberly Y. Spencer-Sutton

439 CONF/PK, 413-557-2603

kimberly.spencersutton@us.af.mil

Signature

COLBURN.RICHARD.

BRENNAN.JR.10055

46342

Digitally signed by

COLBURN.RICHARD.BRENNAN.JR

.1005546342 Date: 2024.01.09 10:46:07 -05'00'

GOSSELIN.EWA

.W.1285550200

Digitally signed by

GOSSELIN.EWA.W.1285550200

Date: 2024.01.10 09:27:05 -05'00'

CLAWSON.PAU

L.G.1375363034

Digitally signed by

CLAWSON.PAUL.G.1375363034

Date: 2024.01.11 16:21:08 -05'00'

SPENCERSUTTON.

KIMBERLY.Y.12285

58253

Digitally signed by

SPENCERSUTTON.KIMBERLY.Y.122

8558253 Date: 2024.01.19 12:49:16 -05'00'

16 Jun 2022 NEGOTIATION SENSITIVE Page 4 of 516 Jun 2022 NEGOTIATION SENSITIVE Page 4 of 5

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.

16 Jun 2022 NEGOTIATION SENSITIVE Page 5 of 516 Jun 2022 NEGOTIATION SENSITIVE Page 5 of 5

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.