J&A_Redacted.pdf

Justification for Other Than Full and Open Competition Under 41 U.S.C. 1901

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

Procurement of Enhanced Digital Electronic Control Units Solicitation Number: 70203818QJ0000245

Pursuant to the requirements of the Competition in Contracting Act (CICA) as implemented by the Federal Acquisition Regulation (FAR) Subpart 13.5 and in accordance with the requirements of FAR 13.501, the justification for the use of the statutory authority under FAR 13.5 is justified by the following facts and rationale required under FAR 6.303-2 as follows:

(1) Agency and Contracting Activity The Department of Homeland Security (DHS), United States Coast Guard (USCG)" Aviation Logistics Center (ALC), Medium Range Recovery (MRR) Product Line Division, Elizabeth City, NC, proposes to enter into a purchase order with firm fixed pricing on a basis of Other Than Full and Open Competition.

(2) Nature and/or Description of the Action Being Approved The MRR Product Line seeks approvalto award a sole source purchase order for the procurement of the Enhanced Digital Electric Units (EDECU) installed on the T700 engines of the USCG H60 aircraft. The purchase order will be Firm Fixed Price and the EDECUs are essential to avoid grounding of the aircraft. The parts are manufactured by Triumph Engine Control Systems, LLC (Triumph), the Original Equipment Manufacturer (OEM). Triumph is the only approved source of supply. This requirement will be awarded in accordance with FAR Part

12, Acquisition of Commercialltems and 13.5, Simplified Procedures for Certain Commercial Items. The total estimated value is . The proposed Contractor is:

Triumph Engine Control Systems, LLC I Charter Oak Blvd West Hartford, CT 06133-0651 Cage Code: I 1599

(3) Description of Supplies/Services.

The USCG currently operates a fleet of forty-six (46) H60 rotary wing aircraft manufactured by

Sikorsky Aircraft Corporation (SAC). This specialized, high demand, aircraft currently enables the USCG to perform missions such as search and rescue, law enforcement, international ice patrol, marine environmental protection, and marine resource conservation. With a demanding operational tempo, aircraft condition and availability are essential to mission success. This requirement is to purchase EDECUs manufactured by Triumph to install on the H60 T700 engines.

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NOMENCLATURE

NATIONAL

STOCK NUMBER

rNSN)

PART NUMBER

(P/N) QUANTITY

UNIT OF

ISSUE

EDECU 2995-01-572-1 860

116007-05A5-t4l4tssTl2P07 l5 EA

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

Procurement of Enhanced Digital Electronic Control Units Solicitation Number: 70203818QJ0000245

(4) Identification of Statutory Authority Permitting Other than Full and Open Competition The statutory authority permiuing other than full and open competition is 4l U.S.C. l90l(c), as implemented in FAR 13.501(a), "sole source acquisition".

(5) Demonstration that the Nature of the Acquisition Require Use of the Authority Cited The USCG self certifies its aircraft in accordance with the standards established the Federal Aviation Administration (FAA) and promulgated in Code of Federal Regulations (CFR) Title 14.

The USCG will only procure parts, which have airworthiness approval. The CFR Title 14, Aeronautics and Space,Part2l, Certification Procedures for Products and Articles, governs the procedural requirements for issuing and changing design approvals, production approvals, airworthiness certificates, and airworthiness approvals. 14 CFR 2l defines airworthiness approval as a document, issued by the FAA for an aircraft, aircraft engine, propeller, or article which certifies that the aircraft, aircraft engine, propeller, or article conforms to its approved design and is in a condition for safe operation.

Title l4 of the CFR Subpart K covers the procedures for the FAA Parts Manufacturer Approval (PMA). The FAA PMA process is acceptable for an alternate manufacturer for the parts listed in this requirement provided that the vendor submits a complete data package ensuring that the part meets or exceeds OEM specifications and subsequently passes the USCG form, fit, and function requirements. To date, there are no known approved FAA PMA's for the parts listed in this solicitation.

The FAA issued Advisory Circular (AC) 20-62 to provide information and guidance for use in determining the quality, eligibility, and traceability of aeronautical parts and materials intended for installation on United States type-certificated products and articles and to enable compliance with Title l4 of the CFR. The AC states that acceptable replacement articles should be identified using one of the following methods:

1) Airworthiness Approval Tag (FAA Form 8130-3);

2) Foreign manufactured replacement parts when there is a Bilateral Airworthiness Agreement (BAA) between the country of manufacture and the United States. This certification may be verified on a form similar to the FAA Form 8130-3 (i.e. European Aviation Safety Agency (EASA) Form One);

3) FAA Technical Standard Order (TSO) markings;

4) FAA PMA symbol;

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

Procurement of Enhanced Digital Electronic Control Units Solicitation Number: 70203818QJ0000245

5) Production Approval Holder's (PAH) documents or markings;

6) Direct ship authority. In order for manufactured parts with direct ship authority to be recognized as being produced under a manufacturer's FAA production approval, the manufacturer must specifically authorize the shipping supplier, in writing, and must establish procedures to ensure that the shipped parts conform to the approved design and are in a condition for safe operation;

7) Maintenance release document;

8) Identification of critical components; and

9) Marking of life-limited parrs.

The AC also states that aircraft part distributors and aircraft supply companies cannot cemify the airworthiness of the parts they advertise andlor sell, unless they are a PAH. Therefore, it is the installer's responsibility to ensure airworthiness and to request documentation establishing traceability to a PAH.

Parts provided that do not meet the CFR and FAA requirements could compromise structural and system integrity of the aircraft putting aircrew personnel and Government property at risk. The USCG neither compromises nor makes exceptions in matters of human safety and protection of Government property and does not accept lower standards in these matters. Use of OEM parts will ensure the parts are manufactured in accordance with OEM specifications and standards, conform to original form, fit, and function, and are compatible and interchangeable with existing components.

If this justification is not approved and consequently, the service is not provided, the USCG would be unable to operate its H60 fleet. This would cause a severe degradation in the USCG's ability to conduct search and rescue. law enforcement, international ice patrol, marine environmental protection, and marine resource conservation, and various other missions.

(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 F2018042870 on http://apfs.dhs.gov. published l8 July 201 8 and was included in the DHS Forecast of Small Business Opponunities.

A combined synopsis/solicitation will be advertised on the Federal Business Opportunities (FBO) website and in accordance with FAR 5.207(c)(16)(i), 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 Triumph with evidence of

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

Procurement of Enhanced Digital Electronic Control Units Solicitation Number: 70203818QJ0000245 having OEM authorization to provide Triumph manufactured items, the quotation shall be considered. However, based on the market research results, it is not anticipated any sources other than Triumph will respond to the solicitation.

(7) Determination by the Contracting Officer that the Anticipated Cost to the Government will be Fair and Reasonable The Contracting Officer willevaluate all quotations in accordance with FAR 13.106-3.

(8) Description of market research.

Market research has been conducted from May 201 8 through June 201 8 in accordance with FAR Part 10. Based upon the proprietary nature of the manufacturing data, it has been determined that Triumph is the OEM and is the only certified source that can supply the EDECUs used on the H60 aircraft, T700 engine.

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

The H60 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 Coast Guard does not have adequate technical data to provide to potential offerors.

(10) A listing of the sources, if any, that expressed, in writing, an interest in the acquisition.

A combined synopsis/solicitation will be issued through FBO upon approval of this document.

Triumph is the only known source that will satisfy agency requirement. Any responsible offeror capable of providing the EDECUs will be considered.

(11) A Statement of Actions, if any, the Agency May Take to Remove or Overcome Any Barriers to Competition Before Any Subsequent Acquisition for Supplies or Services Required.

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 components are manufactured by agents in possession of the most current OEM data.

Undcr {l tl.S.C. l90l

Onlv One Responsible Source and No Other Supplics or Scrvices Will Satisfv Agencv Requirements

Procurement of Enhanced Digital Electronic Control Lrnits Solicitation Num ber: 7020381EQJ00002.1s

(12) Contracting Officer's Certification:

I certil,r that the dala supporting the reconrnrended use ofother than l'ull and open conrpetition is accurate and complete kr the bcsr of my knou ledge and helief.

( l3)'I'echnical/Requirements Personnel Certification:

I ccrtify that lhis requiremeni nreets the Governmenl's'rrinimunr need and that thc supporting data. u'hich tbrms a hasis for the _justitication. is accurate and complete.

(l.l) Legal Review and Concurrence:

I have revieued this justification and deemed it legally sutficient.

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