19QJ0000002.J_and_A_Signed_.pdf

Justification for Other Than Full and Open Competition Under 10 U.S.C. 1901

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

Solicitation Number: 70203819QJ0000002

Pursuant to the requirements of the Competition in Contracting Act and in accordance w'ith (lAW) 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 ibllowing facts and rationale using the format at FAR 6.303-2, moditled to reflect an acquisition under the authority of Simplified Acquisition Procedures at 4l u.s.ct. 1901.

(l) Agency and Contracting Aetivify The lJnited States Coast Guard (USCG), Aviation Logistics Center (ALC). Medium Range Recovery (MRR) Product Line. Elizabeth City, No(h Carolina proposes to enter into a contract on a basis of other than tull and open competition.

(2) Nature and/or Description of the Action Being Approved The {JSCG, ALC, lv{RR Division seeks approval to award a contract based on other than full and open competition tbr the repair andlor modification of the Interface Control Sy.stem Audio Control Panels (ICSACPs) and the Interface Control Units (lCUs) hereaiter referred to as the components. The maintenance manuals and tooling required for the repair and modification of the components is proprietary to the Original Equipment Manufacturer (OEM) Telephonics Corporation. Cage Code 7871 l.

Telephonics Corporation maintains all proprietary data, softrvare and technical rights r.vhich makes this company the only source capable of providing the required repair andlor modifications fbr the components. There are no additional sources approved by Telephonics to perform the required repairs and/or modifications of the components.

Telephonics is not willing to selt the data rights to the pzrts listed in this requirement.

The contract value is eslimated at The IJSCG intends to award an Indefinite Delivery Requirements type contract consisting of one (1) one-year base period and, if cxercised, four (4) one-year option periods. Individually tunded task orders will be issued using Operating Expenses (OE) Fiscal Year (FY) 2020-2A24 funds lbr the services. The proposed Contractor is as tbliows:

Telephonics Corporation 815 Broad Hollow Road Farmingdale NY I 1735 Cage Code: 78711

(3) Description of Supplies/Services The USCG currently operates a f'leet of forty-five (45) H60 and one hundred and four ( 104) H65 rotary u'ing aircraft. These speeialized, high demand aircratt currently enable the USCG to perform vital missions such as search and rescue, law enforcement.

international ice patrol, marine environmental protection. and marine resource conservation. With a demanding operational tempo, aircralt condition and availabilit.v

Justification for Other Than !'ull and Open Competition Under 10 U.S.C. l90l

Only One Responsible Source and No Other Suppties or Senices Will Satisff Agency Requirements

Solicitation Number: 70203819QJ0000002 are essential to mission success. This requirement is for the repair and modification of the components on the H60 and H65 communication systems.

The foliowing are the Telephonics Corporation components for repair and/or modifications:

The anticipated total value of the base period plus all options is broken down as follows:

Period Amount Base Period Option Period One Option Period Two Option Period Three Option Period Four Estimated Contract Totai

(4) Identification of Statutory Authority Permitting Other than Full and Open Competition The statutory authority permitting other than full and open competition is l0 U.S.C.

l90l1c) as imptemented by FAR 13.501(a) entitled Sole Source acquisitions.

(5) Demonstration that the Nature of the Acquisition Require Use of the Authority Cited As the OEM of the components, Telephonics Corporation is responsible tbr fumishing all necessary parts, materiai, labor, tooling, test equipment, maintenance manuals, and facilities necessary to provide the required services. In order to maintain integrity of the system, ensure compatibility of the replacement pans and safe operation of the aircraft, these services must be obtained from the OEM. Telephonics Corporation maintains all proprietary technical data as stated in a letter from Telephonics Corporation dated 3l October 2018.

ITEM NATIOI'IAL STOCK NUMBER PART NUMBER

ICS Audio Control Panel s 89s-0 I -545-0E97 599- r 200-003 lnterf'ace Control Unit

5895-0 t -544-9823 599-3t00-0r7

Lorv Profile Audio Control Panel s895-0r-620-03r1 899- r 200-003

Interface Control Unit

5985-01-652-218r i 899-3i00-l l7 a

Under l0 U.S.C. I90l

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

Solicitation Number: 70203819QJ0000002

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).

CFR Title 14. Aeronautics and Space, Part 43 covers the maintenance. preventative maintenance, rebuiiding, and alterations of aircraft equipment and parts. In accordance with this regulation, specitic procedures and documentation are required after completion of any repairs and/or moditjcations before an aircrafl component can be returned to service. It states that in order to maintain airworthiness. the ownerloperator must comply with the appropriate OEM maintenance manuals.

For this reason. all parts repaired andlor modified under the requirements of this acquisition must be compieted utilizing the OEM maintenance manuals. Since Telephonics Corporation considers this information proprietary, there are currently no other sources that can meet this requirement. If this justification is not approved and consequently. the serv'ice is not provided. the USCG would be unable to operate its f'leet of H60 and H65 aircraft. This would cause a severe degradation in the USCG's ability to conduct search and rescue. law enforcement. international ice patrol, marine environmental prcrtection. and marine resource conservation, and various other missions.

(6) Description of Efforfs Made to Ensure that Offers are Solicited from as Many Potential Sources as is Practicable This procurement was forecasted in the DHS Acquisition Planning Forecast System {APFS) on October 1 I. 2018, APFS number F2018043600 at hnp:,,/qpk.dht sgU. No companies have contacted the uscc to request information on the ApFS entry.

A sole source synopsis will be advertised on the Federal Business Opportunities (FBO) website and in accordance rvith FAR 5.207(c)(16Xii). as stated herein. there are no other sources, other than Telephonics Colporation, that possess the proprietary data rights needed to perfonn the work.

(7) Determination by the Contracting Officer that the Anticipated Cost to the Government will be Fair and Reasonable The Contracting Otiicer anticipates that the cost to the Government will be fair and reasonable based on comparison of proposed prices to the Independent Government Cost Estimate (FAR 15.404-l(bX2)(v)). comparison of proposed prices to historical prices paid on similzr contracts (FAR 15.404-l(b)(2Xii). and comparison of proposed prices obtained through market research for similar services (FAR l5.a0a-l(b)(2)(vi))

(8) Description of Market Research

N{arket research conducted between July 201 8 and November 20 I 8 did not produce any other vendors with the abiiity to provide the support required for this acquisition. This procurement was forecasted in the DHS APFS. No other company has contacted the USCC to request information on the APFS entry. Additionaliy. a Sources Sought Notice

Under l0 U.S.C. l90l

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

Solicitation Number: 702,{)38f 9QJ0000002 was posted on the FBO website October 31, 201I thru November 7.2018. The USCG did not receive any responses to the Sources Sought Notice. Intemet searches utilizing Federal Logistics (FEDLOG)" General Services Advantage (CSA), Defense Logistics Agency's FEDMALL, and other Intemet sites (Google search engine) were also conducted to locate additional sources, but produced negative resuits.

(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 repair and modification of the components. The maintenance manuals are proprietary and available only from the OEM. The USCG did not purchase the rights as part of the original acquisition. Due to the proprietary rights, it will be diflicult to take steps to tbster competition.

(10) A Listing of the Sources, if Any that Expressed, in Writing, an Interesl in the Acquisition At this time, no other sources have expressed in writing an interest in this acquisition and

LISCG does not expected that another source will respond to the soiicitation.

The proposed solicitation will be advertised on the FBO website and will include a statement that all responsible sources, that are a Telephonics Corporation OEM certified repair facility, may submit a quole which will be considered by the agency.

(l l) A Statement of Actions, if any, the Agency May Take to Remove or Overcome Any Barriers to Competition Before Any Subsequent Acquisitiou for Supplies or Sen'ices Required

The USCG will maintain open communications with Telephonic Corporation and will continually conduct market surveys to identify possible additional sources that may eventually receive authorization to access OEM drawings and specifications.

Juslific:rtion for Other Then Full and Opcn Competition tlnder l0 t'.S.C. I90l

Onlv One Responsible Source rnd No Other Supplies or Srn ices Will Satisfr Agency Requirements

Solicitation l{umher: 702038 I gQJfiXmOO2

{ I 2) ('ontracting Officer's Cenification:

I ccrti t\ that thc data supporring thc recommtndcd usc ol'olhcr than tull and opcn r;onrputition is accuralu and crlmplere to lhe hcsl ol'rrr1 knrrwledgc anrl belrct.

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{ l3 } TechnicaURequiremenls Personnel ('ertificalion:

I cenili thut this requirenrent meets thc (iovernment's mininrunr need and rhat th.' supporling dara. rrhich tirr65, basi.s lirr thc' justitication. is accurate and complctc

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