4.d. Sole Source JOTFOC_Gravois Aluminum Boat_Redacted.pdf

SOLE SOURCE JUSTIFICATION

For Certain Commercial Items for Procurements Exceeding the Simplified

Acquisition Threshold pursuant to FAR Subpart 13.5, Including Brand Name

Pursuant to the authority of 41 U.S.C. 1901 as implemented by Federal Acquisition

Regulation (FAR) Subpart 13.5 and consistent with the content requirements FAR 6.303-2, the following facts and rationale support this justification.

1. Agency and Contracting Activity.

The Department of Homeland Security, United States Coast Guard (USCG), Surface

Forces Logistics Center (SFLC) Small Boat Product Line (SBPL), Contract &

Procurement Division 3 (C&P3) located at 2401 Hawkins Point Road, Baltimore, MD

21226.

2. Nature and/or Description of the Action being Approved. Address the following:

(a) Nature of the action: The Surface Forces Logistics Center, Small Boat

Product Line (SBPL), has a requirement on a sole source basis for the acquisition of parts to support Coast Guard Boats. The SBPL is responsible for maintaining the 29’ Gen II Response Boat Small (RBS), 26’ Trailerable

Aids to Navigation Boats (TANB), and the 24’ Special Purpose Craft-

Shallow Water (SPC-SW). The boats were manufactured by Metal Shark

Boats. USCG intends to procure on a sole source basis.

(b) Name and address of the contractor:

Gravois Aluminum Boats LLC, (DBA Metal Shark Boats)

6814 E. Admiral Doyle Drive. Jeanerette, LA 70544

(c) Type of action: Firm Fixed-Price Contract.

(d) Estimated total value (including options): Provide breakdown as shown below: See enclosure (1) for parts list.

Period Unit Price Total

Base Year

12 mo.

Option Year 1 12 mo.

Option Year 2 12 mo.

Option Year 3 12 mo.

Option Year 4 12 mo.

Total

(e) Type of funding: Operations and Support funds

(f) Year of funding: Current year funding

(g) Solicitation number: 70Z04021Q58550B00

(h) Background information about the requirement:

The USCG, SFLC, SBPL has an ongoing requirement on a sole source basis for the supply of Original Equipment Manufacturer (OEM), Metal Shark Boats. The parts which conform to the exact form, fit and function of what is currently installed on the 26’ Transportable Aids to Navigation (TANB) and 29’ Response

Boat-Small (RB-S) Generation II. The required parts have been previously acquired as one-time purchases under the Simplified Acquisition Threshold

(SAT).

Previous Contracts were awarded in the past to Metal Shark Boats, HSCG40-10-

Q-50017, Period of Performance (July 02, 2010 – July 01, 2015) and HSCG40-

16-Q-53003, Period of Performance (September 19, 2016 – September 18, 2021)

3. Description of Supplies/Services.

The requirement for the procurement of various Metal Shark Boats parts to support the

29’ Gen II Response Boat Small (RBS), 26’ Trailerable Aids to Navigation Boats

(TANB), and the 24’ Special Purpose Craft-Shallow Water (SPC-SW) utilized throughout the Coast Guard. The vendor will provide new, genuine OEM parts that will be preserved, packaged and marked. See Enclosure (1) for parts list.

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

Competition.

The statutory authority of 41 U.S.C. 1901 permitting other than full and open competition as implemented by Federal Acquisition Regulation (FAR) Subpart 13.5, Simplified

Procedures for Certain Commercial Items.

5. Identification of Exception to the Buy American Act. No exception to Buy American Act has been identified”

6. Demonstration that the Proposed Contractor’s Unique Qualifications or the

Nature of the Acquisition Require Use of the Authority Cited.

Metal Shark Boats is the manufacturer of the 29’ Gen II Response Boat Small (RBS), 26’

Trailerable Aids to Navigation Boats (TANB), and the 24’ Special Purpose Craft-Shallow

Water (SPC-SW). They can meet our needs and there are no authorized distributers or reseller with the capability to provide parts to support maintenance and upkeep of the platforms. Metal Shark Boats has supported the USCG with previous formal contracts with

OEM parts and packaging and labeling. The parts provided by Metal Shark Boats are OEM, the assigned part numbers have been provisioned into the USCG NESSS database. The

USCG does not possess the form, fit, and function data to support a competitive solicitation for non-OEM replacement parts, nor is the USCG aware of any alternative third-party compatible parts.

Based on market research, the only company that can provide the OEM parts is Metal Shark

Boats.

7. Description of Efforts Made to Ensure that Offers are Solicited from as Many

Potential Sources as is Practicable.

In an effort to identify alternative sources, a Sources Sought Notice (SSN), 70Z04021S58550B00, was posted on the www.sam.gov on June 14, 2021 through June 23, 2021 inviting industry to demonstrate capability in providing the Gravois Aluminum Boat parts required for Coast Guard small boat platforms. The sources sought notice yielded one

(1) response from the OEM Gravois Aluminum Boats, LLC on June 22, 2021 demonstrating capability. On June 16, 2021, an email was sent to potential small businesses identified on Dynamic Small Business Search (DSBS) and no response was received.

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

The Contracting Officer determines that the anticipated price(s) will be fair and reasonable based on prior acquisition history and price analysis in comparison with the Independent government Cost Estimate (IGCE).

9. Description of Market Research.

Market research, as prescribed in FAR Part 10, was conducted by the Contracting Officer’s

June 2021 in an effort to identify alternative sources that can provide replacement parts.

Specifically, an extensive Internet search was conducted in order to locate price and availability of parts and several Government databases were reviewed for availability. In an effort to solicit as many potential sources as practical, a sources sought notice, 70Z04021S58550B00, was posted on www.sam.gov June 16, 2021 seeking potential sources. The notice yielded one (1) response from OEM Gravois Aluminum Boats, LLC demonstrating capability to provide the required boat parts. Market research has indicated that the OEM brand parts can only be procured from Metal Shark Boats. Metal Shark does not have distributors or resellers.

10. Any Other Facts Supporting the Use of Other Than Full and Open Competition.

None.

11. A Listing of the Sources, if Any that Expressed, in Writing, an Interest in the

Acquisition.

A Sources Sought Notice (SSN), 70Z04021S58550B00, was posted on the www.sam.gov on June 16, 2021 and closed on June 23, 2021. The notice yielded one (1) response from the OEM Gravois Aluminum Boats, LLC on June 22, 2021 demonstrating capability.

12. A Statement of the Actions, if Any, the Agency May Take to Remove or Overcome

Any Barriers to Competition Before Any Subsequent Acquisition for Supplies or

Services Required.

A request to purchase data rights was forwarded to the Metal Shark Boats May 12, 2021.

Metal Shark Boats responded via email May 14, 2021, . Metal Shark Boats provides various parts, assigning unique part numbers. If the data rights were purchased it will list the OEM part number that would differ from Metal Shark’s. The different part numbers would have to be entered in NESSS and an Item Entry Proposal would have to be completed for each CLIN. Also, Maintenance

Procedure Cards have the Metal Shark part number and would have to be updated in CG-

LIMS. It wouldn’t be cost effective to change the part numbers/configuration at this point.

The Coast Guard does not have the means to evaluate the fit, form and function of these parts without extensive testing.

Funding has/was not set aside to purchase the data rights.

Further, there is a pending requirement for contract renewal to ensure no lapse in supplying parts to the fleet. Purchasing and evaluating other vendors’ ability to supply these parts would lessen the availability of inventory. Current contract expires 09/18/21.

Impact - The use of unauthorized parts that are not manufactured in accordance with

OEM specifications, materials, tolerances, etc., will cause safety issues, jeopardizing the safety of the crew and/or vessel, leading to major mission degradation.