J&A_18QH0000001_EDO_Redacted.pdf

Justification for Other than Full and Open Competition Under 10 U.S.C. 2304 (c) (1)

Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements

Solicitation Number 70Z03818QH0000001

Pursuant to the requirements of the Competition in Contracting Act (CICA) and in accordance with the requirements of FAR 13.5 Simplified Procedures For Certain Commercial Items, this justification is prepared under the authority of FAR 13.501, Special Documentation Requirements. FAR 13.501 is justified by the following facts and rationale using the format at FAR 6.303-2 modified to reflect an acquisition under the authority of Simplified Acquisition Procedures at 41 U.S.C. 1901 as follows:

(1) Agency and Contracting Activity - United States Coast Guard (USCG), Aviation Logistics Center (ALC), Long Range Surveillance (LRS) Product Line, Elizabeth City, North Carolina, proposes to enter into a contract on the basis of other than full and open competition.

(2) Nature and/or description of the action being approved - The LRS Procurement Branch requests approval to solicit and award, on a sole source basis, a Firm Fixed Price purchase order utilizing FAR

13.5 to procure Field Service Representative (FSR) Services in support of the ELTA EL/M-2022A surface search radar (AN/APY-11 aka Multi Mode Radar or MMR) installed on U.S. Coast Guard HC- 130J aircraft.. The resulting commercial firm fixed price (FFP) Purchase Order awarded in accordance with the procedures at FAR 13.5 will provide an acquisition vehicle for an FSR that will provide subject matter expertise, technical support and technical training for ALC, the Aviation Technical Training Center (ATTC) and the U.S. Coast Guard Air Stations. The independent government cost estimate (IGCE) is . The purchase order will be issued using O&E funds appropriate for the fiscal year in which the order is issued. The proposed Contractor is EDO LLC, a division of Harris Corp (herein known as EDO), 1500 New Horizon Blvd., Amityville, NY 11701, CAGE code 82340.

(3) Description of the Supplies/Services - The Contractor shall be required to provide ALC LRS with subject matter expertise, technical support and technical training for ALC, ATTC and U.S. Coast Guard Air Stations. This includes assisting in the development, technical review, implementation and compliance with associated Line Maintenance Training Syllabus, Hot Mock Up Training Syllabus, RITE Functional Evaluation Bench Training Syllabus, Maintenance Procedure Cards (MPCs), Time Compliance Technical Orders (TCTOs) as well as assisting in the incorporation of Original Equipment Manufacturer (OEM) technical directives into the Coast Guard’s maintenance management information technology systems. In addition, the FSR will participate in Reliability Centered Maintenance (RCM) efforts to seek to continually improve radar system operational availability while reducing maintenance time and overall system costs. The anticipated period of performance is one (1) four-month base period and two (2) three-month option periods.

Email communication from the OEM stated that proprietary information is not for sale and that an FSR for MMR support and training would have to be procured via a contract with EDO. There are currently no other alternate OEM approved sources that can fulfill the requirements of this acquisition. The USCG will evaluate whether a re-compete of the requirement will be beneficial to the government if OEM approved sources become available during the life of the contract.

(4) Identification of Statutory Authority Permitting Other Than Full and Open Competition – 10 U.S.C. 2301(c)(1) as implemented by the Federal Acquisition Regulation (FAR) 6.302-1. Only one responsible source and no other supplies or services will satisfy agency requirements.

Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements

(5) Demonstration That the Nature of the Acquisition Require Use of the Authority Cited In order to maintain integrity of the system, ensure compatibility of the replacement parts, and safe operation of the aircraft, these services must be obtained from the OEM or an OEM approved source.

All HC-130J aircraft use the same MMR. The MMRs interface with other avionics components in the cockpit and are interchangeable between aircraft. Use of the MMR is critical for compatibility with other components and for standardization of the USCG HC-130J cockpit configuration. There are currently no other OEM approved sources that can meet this requirement. EDO is the sole design authority and possesses the proprietary rights to the drawings and specifications needed to perform testing and repairs. USCG was not able to purchase rights to the proprietary data as part of the original provisioning. EDO has declined to provide the proprietary rights to the Government and has stated they do not have any plans to sell the rights for repair or manufacture of these components. They have maintained their status as the only contractor with the proprietary data required to perform the work, the technical expertise to interpret the data, and the ability to solve technical problems, all of which are vital for the continued operational readiness of the system.

(6) Description of efforts made to ensure that offers are solicited from as many potential sources as is practicable –This procurement forecast is posted as DHS – Acquisition Planning Forecast System (APFS) number F2017040046 published on October 25, 2017, and was included in the DHS Forecast of Small Business Opportunities. Sources Sought Notice HSCG38-16-I-H00013 was posted for this requirement on Government-wide Point of Entry (GPE) via http://www.fedbizopps.gov (FedBizOpps) website on August 26, 2016 to ascertain additional sources and/or capabilities of interested parties with one response from EDO. EDO also asserted by email dated 06 June 2017, they were the OEM and sole provider of FSR services. A Notice of Intent that USCG will award this requirement to EDO on a sole source basis will be posted to FedBizOpps. Any capability statement, or quotation received in response will be considered prior to award and ALC will make a determination to solicit the services based on limited competition. A Combined Synopsis/Solicitation will be issued to EDO and this Justification for Other than Full and Open Competition (J&A) will be made available via FedBizOpps in accordance with FAR 6.305.

(7) Determination by the contracting officer that the anticipated cost to the Government will be fair and reasonable – Pricing information collected from market research and the actual prices paid for the FSR on the incumbent contract, along with prices paid for FSR services for similar systems used on other USCG aircraft platforms was utilized in the development of the IGCE for this requirement. The Contracting Officer anticipates award of a FFP purchase order with prices determined fair and reasonable based on comparison with actual historical pricing data and the IGCE.

(8) Description of the market research – Market research is continuously conducted to identify new sources of supply and/or services necessary to maintain the aircraft fleet. Market research for this requirement was conducted from June 2016 through October 2017. USCG procurement histories were reviewed which indicated the MMR was originally purchased from EDO Corporation on a sole source basis in FY08. A sources sought notice released to FedBizOpps garnered a single response from the OEM. To date, no alternate sources have been identified for the services in this requirement.

Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements

(9) Any other facts supporting the use of other than full and open competition, i.e., proprietary data packages, etc – The Coast Guard does not own the necessary manufacturing data required to support the MMR. The drawings and technical data are proprietary and available only from the OEM and an FSR for MMR support and training would have to be procured via a contract with EDO. The Coast Guard did not purchase the rights as part of the original acquisition and EDO has stated both verbally and in email that it has no plans to sell the proprietary rights to this system. Therefore, it would be difficult to take steps to foster competition. As stated above, EDO has maintained its status as the only source capable of satisfying this requirement by retaining all data rights pertaining to MMR.

(10) Listing of the sources, if any that expressed in writing, an interest in the acquisition – A Sources Sought Notice was released for this effort on the FedBizOpps website with only one response. The Government’s Notice of Intent to acquire these services on a sole source basis, along with the redacted J&A, will be released upon approval of this J&A.

(11) A statement of the actions, if any, the agency may take to remove or overcome any barriers to competition before any subsequent acquisition for the supplies or services required – In support of the Competition in Contracting Act, LRS Engineering, Contracting, and New Product Development Branch (NPD) representatives continuously conduct market research through FEDLOG, ILSmart, DoDEmall, Haystack and Commercial Websites to ensure that companies interested in doing business with the Coast Guard are identified and given every opportunity to compete for new requirements. The Coast Guard will inquire prior to each option period as to the availability of technical data in order to promote competition. ALC will make a determination to solicit the services based on limited competition if any additional viable sources are identified through response to the Notice of Intent to award to EDO.

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