J&A_Redacted.pdf

Justification for Other Than Full and Open Competition Under 41 U.S.C. l90l

Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements Purchase of Bomb Racks

Solicitation Number: 70203818QJ0000f 48

Pursuant to the requirements of the Competition in Contracting Act and in accordance with the requirements of Federal Acquisition Regulation (FAR) 13.5, this justification is prepared under the authority of FAR 13.501. Use of 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.

1. Agency and Contracting Activity.

The United States Coast Guard (USCG), Aviation Logistics Center (ALC), Medium Range Recovery (MRR) Product Line,Elizabeth City, NC, proposes to enter into a purchase order on a basis of other than full and open competition.

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

As the Aviation Inventory Control Point, ALC is required to provide effective supply support for all USCG Aviation Units and for Program Depot Maintenance (PDM) support. The MRR Product Line requests approval to award a purchase order based on other than full and open competition for the procurement of ten (10) Bomb Racks. The Bomb Rack is a component designed for the attaching, and releasing of fuel tanks for the H-60 aircraft. The Bomb Racks are manufactured by Marvin Engineering, the Original Equipment Manufacturer (OEM), and Marvin Engineering is the only approved source of supply.

Stakeholders include the MRR Product Line and supported USCG Air Stations. The estimated value for this purchase order is The proposed contractor is:

Marvin Engineering Co., Inc.

261W. Beach Ave Inglewood, CA 90302-2904 Cage Code:32067

3. Description of supplies/services.

The USCG proposes to enter into a purchase order on a basis of other than full and open competition for the purchase of the following:

4. Identification of the justification and the rationale.

The statutory authority permitting other than full and open competition is 41 U.S.C. 1901 as implemented by FAR 13.501 and FAR 6.302-l entitled "Only one responsible source and no other supplies or services will satisfy agency requirements". This is further expounded in FAR 6.302-

NSN P/N QTY NOMENCLATURE

I 090-0 1 -320-5988 549A3400-1 10 Bomb Rack

Under 4l U.S.C. 1901

Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements Purchase of Bomb Racks

Solicitation Number: 70203818QJ0000148

I (bX l Xii) to include a limited number of sources. The Navy is the lead agent for this component and currently cannot support the Coast Guard which results in the purchase through the OEM Marvin Engineering. Responsible sources are limited to the OEM. Award will be limited to Marvin Engineering.

5. Demonstration that the nature of the acquisition requires use of the authority cited.

The specifications, manufacturing drawings, data, test equipment, and tooling required to purchase the Bomb Racks are proprietary to the OEM, Marvin Engineering. The USCG did not purchase rights to the proprietary data required to foster a competitive environment as part of any original provisioning for use on the H-60 aircraft and the cost to purchase rights to this proprietary data would be cost prohibitive. No other part numbers can be utilized. No acceptable alternate vendors have been identified.

6. Description of efforts made to ensure that offers are solicited from as many potential sources as practicable.

This procurement forecast is posted as DHS - Acquisition Planning forecast System (APFS) Number F2018041516 on http://apl.s.dhs.eor,. published 13 April 2018 and was included in the DHS Forecast of Small Business Opportunities. There were no inquiries received in response to the published APFS.

A combined synopsis/solicitation will be advertised on the Federal Business Opportunities (FBO) website and in accordance with FAR 5.207(c)(l6xi), the synopsis will include a statement that all responsible sources may submit a quotation which shall be considered by the agency. Should a quotation be received by an offeror other than Marvin Engineering with evidence of having OEM authorization to provide the Bomb Racks, the quotation shall be considered. However, based on the market research results, it is not anticipated any sources other than Marvin Engineering will respond to the solicitation as Marvin Engineering owns all proprietary rights to manufacture the Bomb Racks.

7. Determination by the contracting officer that the anticipated cost to the Government will be fair and reasonable.

The Contracting Officer anticipates prices will be determined fair and reasonable using price analysis techniques including comparison of the proposed price with prices found reasonable on previous purchases and comparison of the proposed price to the Independent Government Cost Estimate (IGCE).

8. Description of market research.

Market research was completed between February and March 201 8 and consisted of intemet searches utilizing Federal Logistics (FEDLOG), General Services Administration (GSA) Advantage, Defense Logistics Agency's FEDMALL, and other Internet sites (Google search engine). No other vendor capable of providing the required services were found at the time of the search.

Based upon the proprietary nature of the manufacturing data, it has been determined that Marvin Engineering is the only certified source that can manufacture the Bomb Racks installed on the H-60 aircraft.

Under 4f U.S.C. 1901

Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements Purchase of Bomb Racks

Solicitation Number: 70203818QJ0000148

9. Any other facts supporting the use of other than full and open competition.

The H-60 aircraft including its engines were procured and provisioned by Coast Guard Headquarters;

however, this procurement did not include the technical data packages, specifications, and documentation necessary to enable full and open competition, therefore, it would be difficult to take steps to foster competition as the manufacturing performance and acceptance data are proprietary and the USCG does not have adequate technical data to provide to potential offerors.

10. Listing of the sources, if any that expressed in writing, an interest in the acquisition.

A review of Federal Logistics Data on Mobile Media, Department of Defense - Electronic Mall, and/or General Services Administration Advantage confirmed Marvin Engineering is the only approved source of supply at this time.

1 1. A 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 USCG does not have the required data or drawings to overcome the sole source barrier to competition. The items require specific qualified standards to ensure the Bomb Racks are manufactured by agents in possession of the most current OEM manufacture data.

J

.Iustilication forOther Then Full and Open Competition Under 4l U.S.C. lqlt

Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements Purchase of Bomb Recks

Solicitetion Number: 70203818QJm00148

( I 2) Contracting Officer's Certification.

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

( I 3) TechnicaVReq uirements Personnel Certification.

I certify that this requirement meets the Govemmenl's minimum need and that the supporting data" u.hich fbrms a basis lirr the justitication, is accurate and complete.

(l.l) Legal Review and Concurrence:

I have revicwcd this justification and deemed it legally sufficient.

(15) Approval: