Redacted Justification and Approval for purchase of Nose Radome.doc

Justification and Approval for Other Than Full and Open Competition

Under 10 U.S.C. 2304(c)(2)

Unusual and Compelling Urgency

Purchase Order HSCG38-11-P-301548

Pursuant to the requirements of the Competition in Contracting Act (CICA) as implemented by FAR Subpart 6.3 and in accordance with the requirements of FAR 6.303-1, the justification for the use of the statutory authority under FAR Subpart 6.3 is justified by the following facts and rationale required under FAR 6.303-2 as follows:

(1) Agency and Contracting Activity.

The Department of Homeland Security, United States Coast Guard (USCG), Aviation Logistics Center (ALC), Long Range Surveillance (LRS) Product Line, Elizabeth City, North Carolina entered into a contract on 22 July 2011 on a basis of other than full and open competition and presents this Justification and Approval for Other Than Full and Open Competition (J&A) for review and approval, after the fact.

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

On 21 July 2011 the USCG ALC LRS Product Line received an urgent requirement, (REDACTED) from (REDACTED) Nose Radome Part Number 3333921-1 manufactured by General Dynamics Corporation. The Nose Radome is for the (REDACTED) aircraft (REDACTED) .

The Nose Radome is of a commercial nature and the procedures of FAR Part 12 in conjunction with FAR 13.5 were used to purchase the item under Purchase Order HSCG38-11-P-301548. The value of the procurement action is $288,358.00. (REDACTED)

The contractor is Lockheed Martin Aeronautical Co., Division of Lockheed Martin Corp., 86 S. Cobb Drive, Marietta, GA 30066.

(3) Description of the Supplies/Services.

The requirement was to purchase one (1) new or serviceable Nose Radome Part Number 3333921-1 from Lockheed Martin Corporation.

(4) Identification of Statutory Authority Permitting Other Than Full and Open Competition.

The statutory authority permitting other than full and open competition is 10 U.S.C. 2304(c)(2) as implemented by the Federal Acquisition Regulation (FAR) 6.302-2 Unusual and Compelling Urgency.

(5) Demonstration That the Nature of the Acquisition Requires Use of the Authority Cited.

Background. The Nose Radome is normally stocked in ALC’s inventory system under national stock number 1560-01-417-5455 and ALC normally requisitions the item from Warner Robins Air Logistics Center, Robins Air Force Base through the federal supply system. ALC had a Nose Radome on order under requisition number Z50100-1172-5003 but Warner Robins Air Logistics Center cancelled the requisition (REDACTED). Warner Robins Air Logistics Center advised they had one (1) Nose Radome (REDACTED) but refused to issue it to the Coast Guard without turn-in of a carcass. The Coast Guard cannot turn in a carcass because (REDACTED) that is installed on the (REDACTED) the aircraft. (REDACTED) All requisitions submitted to the Air Force are not on a one-for-one exchange basis. (REDACTED) The Coast Guard submitted a (REDACTED) requisition under (REDACTED) which is still active in the supply system, however, the estimated delivery date is. (REDACTED). The Coast Guard had a new Nose Radome at (REDACTED) However, (REDACTED) issues, stopped work, and returned the Radome to the Coast Guard for investigation. The asset is still in unusable condition and efforts to find a repair source have been unsuccessful.

Market research was conducted to locate a serviceable Nose Radome. Lockheed Martin Corporation manufacturers the aircraft’s airframe and assembles the aircraft for delivery to its customer. (REDACTED) Market research identified Lockheed Martin Corporation as the only source with an available asset. No other company and no other Government agency has a Nose Radome on hand. The earliest time frame a serviceable Nose Radome can be expected to be available is (REDACTED). (REDACTED) The lead time associated with this requirement and (REDACTED) creates the unusual and compelling urgency that could result in serious injury to the Coast Guard, (REDACTED).

Injury to the Government: (REDACTED) Although a radome can be cannibalized from another aircraft it would only result in a different aircraft becoming non-mission capable for a Nose Radome. Cannibilization can be used only as a temporary solution until a serviceable asset is received.

Lack of fully-mission-capable status aircraft severely impacts the (REDACTED) ability to carry out assigned missions and respond to unscheduled, emergency search and rescue or law enforcement missions should they occur. The (REDACTED) is at the height of tourism season with a high volume of commercial and private boat activity on its waterways. It is critical (REDACTED) aircraft be ready to respond to an emergency situation. (REDACTED)

(6) Descriptions of efforts made to ensure that offers are solicited from as many potential sources as is practicable.

It was determined on 22 July 2011 that the Government would be seriously injured if the time period specified in FAR 5.203 were complied with. The unusual and compelling urgency of the acquisition precluded competition to the maximum extent practicable. On this basis it was determined to be in the best interest of the Government to waive the synopsis advertising requirement specified in FAR 5.203.

The procurement is forecasted after-the fact in DHS-Acquisition Planning Forecast System (APFS) AAP No. 201171130 on 28 July 2011.

(7) Determination by the Contracting Officer that the Anticipated Cost to the Government will be Fair and Reasonable.

The Contracting Officer determined the price (REDACTED)fair and reasonable based on pricing information provided by Lockheed Martin Corporation. (REDACTED) Lockheed Martin quoted the same price they will be charged (REDACTED) for a quantity of one (1) each (REDACTED) .

(8) Description of Market Research Market research was performed on 21 July 2011 and consisted of searching the internet for possible sources, querying the Federal Logistics supply system, and phone calls and emails to the Air Force, General Dynamics and Lockheed Martin Corporation. The web based Internet Logistic Service (ILS) showed two (2) vendors with Nose Radomes in overhauled condition but they were a different part number and cannot be used on Coast Guard aircraft because they lack lightening strike protection and cannot accommodate the weather radar on the aircraft.

Market research identified Lockheed Martin having the only available asset.

(9) Any Other Facts Supporting the Use of Other Than Full and Open Competition

Nose Radome Part Number 3333921-1 is designed and manufactured specifically for the (REDACTED) aircraft. A Nose Radome that would fit the (REDACTED) aircraft is not manufactured by another company other than General Dynamics. A product manufactured by another company would be for a different aircraft.

(10) A Listing of the Sources, if Any That Expressed Writing, an Interest in the Acquisition.

None.

(11) As Statement of the Actions, if Any, the Agency May Take to Remove or Overcome Any Barriers to Competition Before Any Subsequent Acquisition for Required Supplies or Services.

The Coast Guard will continue to conduct market research to locate sources who can provide new or repaired Nose Radomes on a competitive basis. The Coast Guard is also conducting market research to locate repair facilities where damaged assets could be repaired or overhauled. The Coast Guard will maintain communications Lockheed Martin, General Dynamics and Warner Robins Air Force Logistic’s Center to identify possible sources that can provide factory new or repaired/overhauled Nose Radomes for future acquisitions.

(12) Contracting Officer’s Certification.

I certify that the data supporting the recommended use of other than full and open competition accurate and complete to the best of my knowledge and belief.

Danny R. Sawyer

Date

Contracting Officer, USCG ALC, LRS Product Line

(13) Technical/Requirements Personnel Certification.

I certify this requirement meets the Government’s minimum need and that the supporting data, which forms the basis for this justification, is complete and accurate.

(REDACTED) Date

Inventory Manager, USCG ALC, LRS Product Line