J&A_-_70Z03819QB2000079,_for_brand_name_justification.docx

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 Solicitation Number: 70Z03819QB2000079

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), Short Range Recovery (SRR) Division, 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 USCG, ALC, SRR Division seeks approval to award a contract based on other than full and open competition, brand name basis, for the procurement of Plate, Backing Brake used on the USCG H-65 aircraft. The parts are manufactured by Meggitt Aircraft Braking Systems Corporation (Meggit) (Cage Code 0B9R9) the Original Equipment Manufacturer (OEM).

The contract value is estimated at $. The USCG intends to award a firm-fixed price Purchase Order. This requirement will be awarded in accordance with FAR Part 12, Acquisition of Commercial Items and FAR Subpart 13.5, Simplified Procedures for Certain Commercial Items. The purchase order will be funded using Operating Expenses (OE) Fiscal Year (FY) 2019 funds for purchase of the parts. The proposed contractors are:

Meggitt Aircraft Braking Systems Corporation 1204 Massillon Road Akron, OH 44306-4186 Cage Code: 0B9R9

Multiple OEM authorized distributors (See attachment 1).

(3) Description of Supplies/Services This requirement is to purchase aircraft parts by Meggitt for use on the USCG MH-65 aircraft on a firm fixed purchase order. The table below lists the parts that will be purchase as part of this acquisition.

(4) Identification of the Justification and the Rationale The statutory authority permitting other than full and open competition is 41U.S.C. 1901 (c), as implemented in FAR 13.501 (a).

(5) Demonstration that the Nature of the Acquisition Requires use of the Authority Cited The USCG self certifies its aircraft in accordance with the standards established by the Code of Federal Regulations (CFR) and the Federal Aviation Administration (FAA).

The CFR Title 14, Aeronautics and Space, Part 21, 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 21 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. The USCG will only procure parts which have airworthiness approval. In accordance with 14 CFR 21.9, with limited exceptions, only a replacement or modification article produced under a type certificate or produced under a FAA production approval is suitable for installation on a type-certificated product.

Title 14 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 exceed 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 US type-certificated products and articles, and to enable compliance with Title 14 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;

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 parts.

The AC also states that aircraft part distributors and aircraft supply companies cannot certify the airworthiness of the parts they advertise and/or 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.

(6) Description of the Efforts Made to Ensure that Offers are Solicited from as Many Potential Sources as is Practicable This procurement forecast is posted on the DHS-Acquisition Planning Forecast System (APFS) Number F2019045366 at http://apfs.dhs.gov, published 08 April 2019 and 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) (16)(i), the synopsis will include a statement that all responsible sources may submit a quotation which shall be considered by the agency.

(7) Determination by the Contracting Officer that the Anticipated Cost will be Fair and Reasonable The Contracting Officer anticipates that the prices for this procurement will be found fair and reasonable by utilizing a combination of price analysis techniques to include comparison of competition (if received), comparison to the Independent Government Cost Estimate (IGCE), and comparison of proposed prices to historical prices paid.

(8) Description of the Market Research Market research was completed from December 2018 through March 2019 and consisted of internet searches utilizing Federal Logistics (FEDLOG), General Services Administration (GSA) Advantage, Defense Logistics Agency’s FEDMALL, and other Internet sites (Google search engine). Meggitt is the OEM and they have multiple authorized distributors that are capable of providing the required supplies that were found at the time of the search.

(9) Any other Facts Supporting the Use of Other Than Full and Open Competition The USCG does not own the necessary technical data required to support the manufacture of the required parts. The drawings and technical data are proprietary and available only from the OEM. The USCG did not purchase the rights as parts of the original acquisition. Due to the proprietary rights, it will difficult to take steps to foster competition.

(10) A Listing of Sources, if Any That Expressed, in Writing, an Interest in the Acquisition No other sources have expressed interest in this acquisition. The Contracting Officer will evaluate any inquiries or responses received prior to the award of the contract.

The proposed contract action will be advertised on the FBO website and will include a statement that all responsible sources may submit a capability statement which shall be considered by the agency.

(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 Required Supplies or Services At this time, for the reasons set forth in paragraphs five (5), eight (8), and nine (9), USCG does not possess the technical data required to foster full and open competition for the parts covered under this justification approval. The USCG will maintain communications with the OEM and will continuously conduct market surveys to identify possible additional sources that may eventually receive authorization to sell Meggitt products in the United States. However, granting access to technical packages associated with producing the required parts or authorizing other firms to sell their products is solely a business decision.

(12) Contracting Officer’s Certification I certify that the data supporting the recommended use of other than full and open competition accurate and complete to the best of my knowledge and belief.

Contracting Officer

(13) Technical / Requirements Personnel Certification I certify this requirement meets the Government’s minimum need and that the supporting data, which forms a basis for this justification, is complete and accurate.

SRR Supply Inventory Management Specialist

(14) Legal Review and Concurrence:

I have reviewed this justification.

Reviews:

Chief of Contracting Office

APPROVAL:

Command Procuring Activity Competition Advocate Advocate, CG-91