Insert Contract/Order Number

Version 1.0 (Tailor this justification for the specific requirement, as applicable; however the final product should not include any of the blue text, which is only included to guide document preparation.)

JUSTIFICATION FOR AN EXCEPTION TO FAIR OPPORTUNITY FOR AN ORDER EXCEEDING THE SIMPLIFIED ACQUISITION THRESHOLD (AUTHORITY: FAR 16.505(b)(2)(i))

(Insert Contract/Order number) 1. Agency and contracting activity. Department of Commerce, NOAA Acquisition and Grants Office (AGO), (Insert Acquisition Division) and (Insert Line or Staff Office).

2. Nature and/or description of the action being approved. (State that this is a justification for an exception to fair opportunity for a new order or a follow-on or modification to an existing order. Include the relevant procurement instrument identifier(s). Provide the planned order type. Identify the awardee(s) the Government intends to solicit.) 3. Description of the supplies or services required to meet the agency’s needs (including the estimated value). (Provide a description of the supplies or services required, to include intended use, and the expected delivery date/period of performance. If all or part of the requirement is for a brand name, specify item(s) or feature(s) required. Provide the total estimated value, including all options. Note: If brand name and only a portion of the requirement is brand-name, then clearly state this and include the estimated value of that portion. The approval level requirements only apply to that portion.) 4. Authority and supporting rationale. The contracting officer has determined the circumstances of the acquisition meet the following statutory exception under FAR 16.505(b)(2)(i) as supported below:

(Select one of the five exceptions and corresponding authority below - presented in order by FAR cite - and provide supporting narrative. Remove choices not selected. Note: The exception cited at FAR 16.505(b)(2)(i)(F) for setting aside orders is not included as no justification is needed for use of this exception per FAR 16.505(b)(2)(ii).

Regarding the use of “Brand Name” - If all or part of the acquisition includes brand name product(s) or feature(s) peculiar to one manufacturer, please read FAR 16.505(a)(4) for further instructions. Tailor one of the exceptions below to include “brand name” and add specific rationale for the brand name justification. Identify the product(s) or features(s) and explain why the brand name is essential to the Government’s requirement based on market research performed. Explain why a “brand name or equal” description cannot be used - see FAR 11.104. Describe why other companies’ similar product(s) do not meet, or cannot be modified to meet, the agency’s needs per FAR 11.105. Provide details on mission impact if the requirement is not solicited from the brand name.)

Urgent - 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. (Describe the rationale for selecting the specified awardee. Explain how the supplies or services required are so mission Page 1 of 4 Source Selection Information – see FAR 2.101 and 3.104 critical that the routine processing time would be unacceptable and result in serious injury to the Government. This must be a concise description of the extent, nature and impact of an unacceptable delay. Include any special circumstances or conditions surrounding the urgency.)

Only one awardee is capable - FAR 16.505(b)(2)(i)(B) – Only one awardee is capable of providing the supplies or services required at the level of quality required because the supplies or services ordered are unique or highly specialized. (Explain the basis as to why the Government believes only the specified awardee is capable of providing the supplies or services required at the level of quality required because the supplies or services are unique or highly specialized. Address why other awardees are not capable. Provide details on mission impact if the requirement is not solicited from the limited source.)

Logical follow-on - FAR 16.505(b)(2)(i)(C) – In the interest of economy and efficiency, this order must be issued on a sole-source basis because it is a logical follow-on to order (insert #) already issued under the contract and all awardees were given a fair opportunity to be considered for the original order. (Provide supporting rationale describing the need for processing a logical follow-on and explain the expected economy and efficiency to be achieved by limiting the order to awardee identified. Per FAR 16.505(b)(2)(ii)(B)(4), this rationale shall describe why the relationship between the initial order and the follow-on is logical (e.g., in terms of scope, period of performance, or value.)

Minimum guarantee - FAR 16.505(b)(2)(i)(D) – It is necessary to place an order to satisfy the minimum guarantee of (insert dollar amount) as set forth in the contract. (Provide any additional facts surrounding the need to fill the minimum guarantee at this juncture.)

Statute expressly authorizes or requires a specific source - FAR 16.505(b)(2)(i)(E) – A statute expressly authorizes or requires that the purchase be made from a specified source.

5. Determination by the contracting officer that the anticipated cost to the Government will be fair and reasonable.

(Provide a narrative of the measures to be performed by the contracting officer to ensure that the costs and/or prices will be fair and reasonable prior to award. “The contracting officer determines that the anticipated price(s) will be fair and reasonable based on….”)

6. Any other facts supporting the justification.

(Provide additional information or insert a statement that all supporting facts have been documented herein.)

7. Actions, if any, the agency may take 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.

(Describe actions taken, or that will be taken, to remove or overcome any barriers as stated. Include any challenges to restrictive or proprietary data, data rights, brand name requirements, etc. If planning a future competition, include the estimated date when the competitive procurement is anticipated to occur.)

8. Technical/Requirements Representative Certification. (Required per FAR 16.505(b)(2)(ii)(B)(9)) (Insert Contract/Order number)

I certify that this requirement constitutes the Government’s minimum needs and the supporting data provided herein is accurate and complete to the best of my knowledge and belief.

______(Insert name) Date (Insert title – i.e., Program Office/COR)

9. Approving Official Determination of Circumstance Applicability.

In accordance with FAR 16.505(b)(2)(ii)(B)(10), the undersigned approving official for this justification hereby determines the circumstance cited above at #4, Authority and supporting rationale, applies to this order.

10. Contracting Officer’s Certification and Approval

I certify this justification is accurate and complete to the best of my knowledge and belief. For justifications >$150K up to $700K, my signature also serves as approval of the justification.

______(Insert name) Date

11. Office of General Counsel Concur. (Required per CAM 1301.71) Concur

______(Insert Name, Title) Date Office of General Counsel

12. Concurrence and Approval for Justifications >$700K. (Remove entire section if < $700K. Remove “Concurrence and” from this title if NOAA Competition Advocate is the approving official.)

of 4 Source Selection Information – see FAR 2.101 and 3.104 NOAA Competition Advocate: (1. NOAA Competition Advocate approval is required for justifications >$700K up to $13.5M. 2. NOAA Competition Advocate concur is required for justifications >$13.5M.)

Concur/Approve (Present only one of these choices to the NOAA Competition Advocate based on the dollar threshold. Remove the choice not applicable to this acquisition.)

______Jeffrey S. Thomas Date NOAA Competition Advocate, Acting

Head of the Contracting Activity: (1. HCA approval is required for justifications valued >$13.5M up to $68M. 2. HCA concur is required for justifications valued >$68M. 3. Remove this entire signature block if HCA concur or approval is not required for this acquisition.)

Concur/Approve (Present only one of these choices to the HCA based on the dollar threshold. Remove the choice not applicable to this acquisition.)

______Ben Friedman Date Head of the Contracting Activity

Senior Procurement Executive: (SPE approval is required for justifications valued >$68M. Remove this entire signature block if SPE approval is not required for this acquisition.)

Approve

______Barry E. Berkowitz Date Senior Procurement Executive and Director for Office of Acquisition Management