70Z02322R67200002 Attachment I_Justification and Approval.pdf

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

41 U.S.C. § 1901

In compliance with Federal Acquisition Regulation (FAR) 13.501(a)(ii), this justification uses the format at FAR 6.303-2 and is modified to state that the procedures in FAR subpart 13.5 are used.

1. Agency and Contracting Activity. The Department of Homeland Security, United States Coast Guard (USCG), Office of Contract Operations (CG-9127) prepared this justification for other than full and open competition.

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

(a) Nature of the action: The USCG intends to procure technical and administrative support for the Global Maritime Distress and Safety System (GMDSS) Task Force on a sole source basis.

(b) Name and address of the contractor:

Radio Technical Commission for Maritime Services (RTCM) 1800 N. Kent Street Suite 1060 Arlington, VA 22209

(c) Type of action: Commercial firm-fixed-price contract

(d) Estimated total value (including options):

Period Dates Amount Base 15 July 2022 - 30 June 2023 $100,000.00

Option 1 01 July 2023 - 30 June 2024 $100,000.00 Option 2 2 July 2024 - 30 June 2025 $100,000.00 Option 3 3 July 2025 - 30 June 2026 $100,000.00 Option 4 4 July 2026 - 30 June 2027 $100,000.00

TOTAL $500,000.00

(e) Type of funding: Operations & Support (O&S) funding

(f) Year of funding: Fiscal Year 2022

(g) Solicitation number: 70Z02322R67200002

(h) Background information about the requirement: This effort is a follow-on to previous sole source commercial firm-fixed-price contract HSCG23-17-C-PMY008 awarded to RTCM on 05 September 2017 and summarized as follows:

Period Dates Amount Base 05 September 2017 - 04 June 2018 $48,140.02

Option 1 05 June 2018 - 04 June 2019 $60,392.06 Option 2 05 June 2019 - 04 June 2020 $62,349.25 Option 3 05 June 2020 - 04 June 2021 $64,345.54 Option 4 05 June 2021 - 04 June 2022 $66,380.93

TOTAL $301,607.80

3. Description of Supplies/Services. The requirement is for contractor facilitation, documentation, program management and technical support services for the National Global Maritime Distress and Safety System (GMDSS) Task Force. Services include supporting the USCG in the management of the GMDSS Task Force by assisting in the development of plans to resolve GMDSS implementation problems, facilitating meetings, and supporting the development of recommendations for the International Maritime Organization (IMO) Subcommittee on Navigation, Communications, Search and Rescue (NCSR) and assisting the USCG in committee participation/work groups/standards development.

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)(1) implemented by the FAR Subpart 6.302-1 entitled “Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements”.

5. Identification of Exception to the Buy American Act. FAR Part 25 does not apply in accordance with FAR 25.000 since this procurement is not for the acquisition of foreign supplies, services, construction materials, or a contract to be performed outside the United States.

6. Demonstration that the Proposed Contractor’s Unique Qualifications or the Nature of the Acquisition Require Use of the Authority Cited. RTCM is chartered in the District of Columbia, USA, as a 501(c)(3) non-profit scientific and educational organization, focusing on all aspects of maritime radio communications, radio navigation, and related technologies.

Founded in 1947 as a Federal Communications Commission advisory committee, it is now an independent non-profit membership organization. RTCM standards are incorporated by reference into U.S. Federal Communications Commission and USCG regulations.

They have been used as the basis for requirements in standards of the International Electrotechnical Commission (IEC), which are now mandatory under Chapters IV and V of the International Convention for the Safety of Life at Sea (SOLAS).

RTCM keeps its members involved in regional and international maritime radio navigation and radio communication policy issues, regulatory changes, and technical standards development and its special committees provide a forum in which government and non-government members work together to develop technical standards and consensus recommendations in regard to issues of particular concern.

They are actively engaged in the development of international standards for maritime radio navigation and radio communication systems through their involvement in:

- The International Maritime Organization (IMO);

- Cospas-Sarsat (Cospas is an acronym for the Russian words “Cosmicheskaya Sistyema Poiska Avariynich Sudov,” which mean “Space System for the Search of Vessels in Distress” and Sarsat is an acronym for “Search and Rescue Satellite-Aided Tracking”);

- The International Electrotechnical Commission (IEC);

- The International Organization for Standardization (ISO);

- The European Telecommunication Standards Institute (ETSI);

- The International Loran Association (ILA);

They also contribute to the relevant work of:

- The International Telecommunications Union (ITU);

- The International Hydrographic Organization (IHO);

- The International Association of Aids to Navigation and Lighthouse Authorities (IALA);

- The Comité International Radio-Maritime (CIRM);

- The National Marine Electronics Association (NMEA);

- The Mobile Satellite Users Association (MSUA).

RTCM has over 140 member organizations, including:

- Manufacturers of radio navigation and radio communication systems;

- Government agencies concerned with standards for maritime radio navigation and radio communication systems;

- Government agencies and commercial entities involved in operation of maritime radio navigation and radio communication systems;

- Associations with an interest in maritime radio navigation and radio communication systems and related public policy;

- Ship owners and operators;

- Educational institutions, and

- Sales and service providers.

No other organization performs the functions of the RTCM which are required by the USCG in order to fulfill its responsibilities concerning communications issues related to maritime enforcement, maritime response, maritime prevention, marine transportation system management, maritime security operations and defense operations.

As such, no other entity besides RTCM is capable of performing the services required under this contract.

7. Description of Efforts Made to Ensure that Offers are Solicited from as Many Potential Sources as is Practicable. The Government’s intention to solicit and award this requirement to RTCM on a sole source basis will be posted to www.SAM.gov as part of a combined solicitation/synopsis in accordance with FAR 12.603. It is intended to include this document as an attachment and to afford interested offers with the opportunity to demonstrate their capabilities to perform the required services.

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 for these services will be fair and reasonable based on favorable comparison to the current contract, commercial price lists and the prices paid by other entities for the same or similar services.

9. Description of Market Research. The USCG continuously monitors the commercial and non-commercial market places for the same or similar services in order to determine potential alternative sources. As indicated elsewhere herein, no other organizations have the specialized knowledge to perform this effort.

10. Any Other Facts Supporting the Use of Other Than Full and Open Competition. Not applicable.

11. Listing of the Sources, if Any, that Expressed, in Writing, an Interest in the Acquisition. Not applicable.

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. As indicated elsewhere herein, the USCG continually monitors the commercial and non-commercial marketplaces for the same or similar services in order to determine potential alternative sources.

13. Contracting Officer’s Certification.

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

Kimberly A. Milewski Date Contracting Officer

14. Technical/Requirements Personnel Certification.

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

Patrick J. Gallagher Date Technical Representative/COR

APPROVAL:

Kimberly A. Milewski Date Contracting Officer