2125405B4500ZH029_JOTFOC.pdf

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Attached to
VOLVO PARTS Federal contract opportunity
Solicitation number
70Z04025Q50486B00
Issued by
Department of Homeland Security US Coast Guard

About this file

This document is a Justification for Other Than Full and Open Competition (JOTFOC) for the U.S. Coast Guard's procurement of various Volvo Penta engine parts. The document justifies a sole source procurement under 10 U.S.C. § 3204(a)(1) for critical engine components across multiple vessel platforms. The Coast Guard determined that Volvo Penta of the Americas, Inc. is the only source capable of providing these parts due to proprietary technical data, manufacturing specifications, and the critical nature of the components in ensuring vessel operational safety and performance.

The justification highlights that these engine parts are essential for forward and reverse vessel actions, and any alternative parts could potentially compromise mission capability and crew safety. The document notes that the Coast Guard lacks the technical information to deviate from original equipment manufacturer (OEM) parts, and Volvo Penta possesses exclusive rights to the manufacturing drawings, specifications, tolerances, and technical parameters. The Contracting Officer of Record (COR) will continue to conduct market research to potentially identify alternative sources in future procurements, but for this specific requirement, only Volvo Penta branded parts will be accepted.

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JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

SIMPLIFIED ACQUISITION PROCEDURES (SAP) FAR 13.106-1(b)

SOLICITATIONS MAY BE LIMITED TO ONE SOURCE ONLY IF THE CONTRACTING OFFICER DETERMINES THAT ONLY ONE SOURCE IS REASONABLY AVAILABLE. THIS DETERMINATION MUST BE SUPPORTED WITH FULL JUSTIFICATION FOR SOLE SOURCE FROM THE CUSTOMER. WHEN THE CUSTOMER DESCRIBES AN ITEM WITH A PURCHASE DESCRIPTION WHICH LIMITS THE AVAILABILITY TO ONE SOURCE, THE JUSTIFICATION MUST EXPLAIN WHY THE ITEM IS THE ONLY ONE THAT WILL MEET THE GOVERNMENT'S REQUIREMENT. STATEMENTS SUCH AS "ONLY KNOWN SOURCE" OR "ONLY SOURCE WHICH CAN MEET THE REQUIRED DELIVERY DATE" ARE INADEQUATE TO

SUPPORT A SOLE SOURCE PURCHASE.

PURCHASE REQUEST OR REQUISITION

NUMBER

PROJECT/TASK

NUMBER

ESTIMATED AMOUNT (Over Micro Purchase Threshold, but up to the SAT)

CITE AUTHORITY & JUSTIFICATION TYPE READ FAR 6.302 TO DETERMINE APPROPRIATE TYPE

IXl

10 U.S.C. § 3204(a)(1) ONLY ONE RESPONSIBLE SOURCE AND NO OTHER SUPPLIES OR SERVICES WILL SATISFY

AGENCY REQUIREMENTS.

□ 10 U.S.C. § 3204(a)(2) UNUSUAL AND COMPELLING URGENCY

□ 10 U.S.C. § 3204(a)(3) INDUSTRIAL MOBILIZATION; ENGINEERING, DEVELOPMENTAL, OR RESEARCH CAPABILITY; OR

EXPERT SERVICES

□ 10 U.S.C. § 3204(a)(4) INTERNATIONAL AGREEMENT

□ 10 U.S.C. § 3204(a)(5) AUTHORIZED OR REQUIRED BY STATUTE

□ 10 U.S.C. § 3204(a)(6) NATIONAL SECURITY

□ 10 U.S.C. § 3204(a)(7) PUBLIC INTEREST [SECRETARY OF HOMELAND SECURITY NEEDS TO APPROVE THIS DOC]

BRIEF DESCRIPTION OF SUPPLIES OR SERVICES REQUIRED, AND THE INTENDED USE. The purchase of VARIOUS ENGINE PARTS (see Enclosure 1). Vessel: MULTI. The VARIOUS ENGINE parts are provided by VOLVO PENTA of the AMERICAS, INC., the Original Equipment Manufacturer (OEM). Therefore, all offers shall be OEM brand.

UNIQUE CHARACTERISTICS THAT LIMIT AVAILABILITY TO ONLY ONE SOURCE, WITH THE REASON NO OTHER SUPPLIES OR SERVICES CAN BE USED. The technical data for the VARIOUS ENGINE PARTS required to make an accurate assessment of equal or alternate equipment that could meet the Coast Guard’s performance, fit, form and function requirements for this procurement is unavailable. The VARIOUS PARTS are utilized for the maintenance and upkeep of the installed engine(s).

The VARIOUS PARTS are critical in the proper operation of the engines. The engines allow the forward and reverse actions of the boats. The inability of the vessels to maneuver would place the boat in an untenable situation during underway operations, jeopardizing the safety of the crew and vessel. VOLVO PENTA of the AMERICAS, INC., brand, VARIOUS PARTS, are installed on this platform of Coast Guard boats. Any attempt to manufacture this item without the proper Original Equipment Manufacturer (OEM) parts and access to OEM reproduction manufacturing drawings, spec, tolerances/parameters, test procedures and other relevant information, could lead to major mission degradation. Therefore, any offer of parts shall be “official OEM brand”.

A DESCRIPTION OF EFFORTS MADE TO ENSURE THAT QUOTATIONS OR OFFERS ARE SOLICITED FROM AS MANY POTENTIAL SOURCES AS PRACTICABLE (INCLUDE YOUR MARKET RESEARCH EFFORTS HERE). Conducted market research using internet searches and reviewed previous purchases to identify vendors who would have the ability to provide the required materials.

VOLVO PENTA of the AMERICAS, INC., has known distributors.

REASON THAT SUGGESTED SOURCE IS THE ONLY SOURCE WHICH CAN PROVIDE THE SUPPLIES OR SERVICES.

VOLVO PENTA of the AMERICAS, INC., is the suggested source that can provide the VARIOUS ENGINE PARTS to support the installed equipment. VOLVO PENTA of the AMERICAS, INC., is the sole possessor of the drawings and other technical information required to properly manufacture the VARIOUS ENGINE PARTS. Another vendor’s parts may not contain the same fit, form and function. The installation of VOLVO PENTA of the AMERICAS, INC., parts will ensure the continuity and configuration of the VARIOUS ENGINE PARTS installed at Coast Guard units. The Coast Guard does not have any technical information to deviate from the parts installed; another vendor’s offer may lead to fabrication being necessary for installation.

Therefore, all offers shall be “official OEM brand.

EXPLAIN WHY AN ADEQUATE PURCHASE DESCRIPTION OR OTHER INFORMATION SUITABLE TO SOLICIT BY FULL AND OPEN COMPETITION HAS NOT BEEN DEVELOPED OR ARE NOT AVAILABLE. This is a proprietary commercial item of the proposed contractor. The reproduction of manufacturing drawings, specifications and other technical data related to this item were never purchased by the U.S. Coast Guard and therefore are controlled by and remain the sole property of the OEM.

PROVIDE A STATEMENT OF ACTIONS, IF ANY, THE GOVERNMENT MAY TAKE TO REMOVE OR OVERCOME ANY BARRIERS TO COMPETITION BEFORE FUTURE ACQUISITIONS ARE REQUIRED. COR will continue to conduct market research in the attempt to locate vendors that can satisfy the needs of the Coast Guard including a requirement for manufacturer's engineering drawings, detailed parts lists, design or testing procedures, and other relevant information concerning this item.

SIGNATURE AND TITLE OF CUSTOMER

JAMES TAYLOR, COR

CODE

SBPL

TELEPHONE

NUMBER

5716072093

DATE

January 29, 2025

TJAnderson Stamp

SIGNATURE OF CONTRACTING OFFICER CODE TELEPHONE

NUMBER

DATE

March 8, 2023 Version

2025-01-29T15:58:32-0500
TAYLOR.JAMES.M.1144594734

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