J&A_VEMD.docx

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

SIMPLIFIED ACQUISITION PROCEDURES (SAP) FAR 13.106-1(b)

SOLICITATIONS MAY BE LIMITED TO ONE SOURCE ONLY IF THE CONTRACTING OFFICER DETERMINES THAT ONLY ONE SOURCE IS REASONABLY AVAILABLE. THIS DETERMINATION MUST BE SUPPORTED WITH FULL JUSTIFICATION FOR SOLE SOURCE FROM THE CUSTOMER. WHEN THE CUSTOMER DESCRIBES AN ITEM WITH A PURCHASE DESCRIPTION WHICH LIMITS THE AVAILABILITY TO ONE SOURCE, THE JUSTIFICATION MUST EXPLAIN WHY THE ITEM IS THE ONLY ONE THAT WILL MEET THE GOVERNMENT’S REQUIREMENT. STATEMENTS SUCH AS "ONLY KNOWN SOURCE" OR "ONLY SOURCE WHICH CAN MEET THE REQUIRED DELIVERY DATE" ARE INADEQUATE TO SUPPORT A SOLE SOURCE PURCHASE.

PURCHASE REQUEST OR REQUISITION NUMBER

9149-DE02

PROJECT/TASK NUMBER

ESTIMATED AMOUNT (Over Micro-Purchase Threshold, but up to the SAT)

IDENTIFICATION OF THE AGENCY AND THE CONTRACTING OFFICE, AND SPECIFIC IDENTIFICATION OF THE DOCUMENT AS A “JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION.” PLEASE CITE THE AUTHORITY AND TYPE OF JUSTIFICATION. The United States Coast Guard (USCG), Aviation Logistics Center (ALC), Short Range Recovery (SRR) Division has a requirement to repair parts on a sole source basis utilized on the MH-65 helicopter. The statutory authority permitting other than full and open competition is 10 U.S.C. 2304(c)(1); FAR 6.302-1.

BRIEF DESCRIPTION OF SUPPLIES OR SERVICES REQUIRED, AND THE INTENDED USE.

This procurement is for the following parts to be repaired and utilized on the MH65 helicopter: Eight (8) VEMD (P/N B19030YA02, NSN 2840-01-HS1-7291). Once repaired, these components to be utilized on H65 USCG aircraft.

UNIQUE CHARACTERISTICS THAT LIMIT AVAILABILITY TO ONLY ONE SOURCE, WITH THE REASON NO OTHER SUPPLIES OR SERVICES CAN BE USED.

This acquisition is restricted to the only source of supply known to have the capability of repairing the schedule parts back to Original Equipment Manufacturer (OEM) specifications. The aircraft OEM and the USCG has determined that these parts can only be repaired directly from the component OEM’s authorized repair facility. Furthermore, the Government does not have adequate data or lacks rights to data, and it is not economical to buy the data or rights to the data.

A DESCRIPTION OF EFFORTS MADE TO ENSURE THAT QUOTATIONS OR OFFERS ARE SOLICITED FROM AS MANY POTENTIAL SOURCES AS PRACTICABLE (INCLUDE YOUR MARKET RESEARCH EFFORTS HERE).

The services to be procured under this acquisition are highly specialized parts, designed and manufactured by a non-Government activity and the technical data required for acquisition by other than the OEM or an OEM approved source is not available. The USCG uses past performance history and Inventory Locator Service (ILS) Mart to seek available sources. Soliciting to other than the OEM or OEM approved repair facilities will compromise the safety of the aircraft and crew.

REASON THAT SUGGESTED SOURCE IS THE ONLY SOURCE WHICH CAN PROVIDE THE SUPPLIES OR SERVICES.

Market research has determined that the component OEM, Thales Avionics Electrical Systemsas (Cage Code F0296), only has one US-based authorized repair facility, Thales Avionics, Inc. (3J0E6), who has maintained their status as the only source qualified to fulfill this requirement, in that they own 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 aircraft. However, the USCG will accept quotes for these items from the OEM or any OEM approved authorized repair facility.

EXPLAIN WHY AN ADEQUATE PURCHASE DESCRIPTION OR OTHER INFORMATION SUITABLE TO SOLICIT BY FULL AND OPEN COMPETITION HAS NOT BEEN DEVELOPED OR ARE NOT AVAILABLE.

The USCG did not purchase data rights as part of the initial system acquisition of the H-65 helicopter. The USCG does not possess adequate technical descriptions to provide to potential new sources and is unable to provide proprietary repair information to outside vendors. This information must be obtained directly from the OEM. Due to the maturity of the H-65 platform, the cost to procure data rights, presuming they would be made available, would not be economically feasible.

PROVIDE A STATEMENT OF ACTIONS, IF ANY, THE GOVERNMENT MAY TAKE TO REMOVE OR OVERCOME ANY BARRIERS TO COMPETITION BEFORE FUTURE ACQUISITIONS ARE REQUIRED.

Although the Government has not been willing to bear the cost of procuring the necessary OEM data for this service, USCG ALC SRR still continues to check maintenance and repair web-based subscription services, alternate approved systems, industry periodicals, and sends representatives to various trade shows and conferences to seek out all possible legally achieved services options and sources. Thales Avionics, Inc. owns the proprietary data rights, specifications and repair procedures to these items, which has limited the USCG’s ability to provide adequate alternate repair sources. Therefore, it is difficult to take steps to foster competition, as the repair data is proprietary to Thales Avionics, Inc.

SIGNATURE AND TITLE OF CUSTOMER

CODE

DE

TELEPHONE NUMBER

252-335-6672

DATE

05/29/2019

SIGNATURE OF CONTRACTING OFFICER

DATE

April 2019