Justification and Approval for Other Than Full and Open Competition.pdf

March 8, 2023 Version

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. Do not use marketing language in this document. Language such as “This company has made its mark,” “This company is recognized as industry’s best,” and “This company is the leader in…” is unacceptable.

PURCHASE REQUEST OR REQUISITION

NUMBER

2024142-GM02

PROJECT/TASK

NUMBER

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

CITE AUTHORITY & JUSTIFICATION TYPE – READ FAR 6.302 TO DETERMINE APPROPRIATE TYPE

10 U.S.C. § 3204(a)(1)

ONLY ONE RESPONSIBLE SOURCE AND NO OTHER SUPPLIES OR SERVICES WILL SATISFY

AGENCY REQUIREMENTS.

☐ 10 U.S.C. § 3204(a)(2) UNUSUAL AND COMPELLING URGENCY

10 U.S.C. § 3204(a)(3)

INDUSTRIAL MOBILIZATION; ENGINEERING, DEVELOPMENTAL, OR RESEARCH CAPABILITY; OR

EXPERT SERVICES

☐ 10 U.S.C. § 3204(a)(4) INTERNATIONAL AGREEMENT

☐ 10 U.S.C. § 3204(a)(5) AUTHORIZED OR REQUIRED BY STATUTE

☐ 10 U.S.C. § 3204(a)(6) NATIONAL SECURITY

☐ 10 U.S.C. § 3204(a)(7) PUBLIC INTEREST [SECRETARY OF HOMELAND SECURITY NEEDS TO APPROVE THIS DOC]

The United States Coast Guard (USCG), Aviation Logistics Center (ALC), Engineering Services Division (ESD) anticipates the award of a firm-fixed price purchase order on a sole source basis. This justification for other than full and open competition is submitted for approval in accordance with (IAW) Federal Acquisition Regulation (FAR) 6.303-1(a) using the authority in FAR 6.302-1(b) – only one responsible source and no other supplies or services will satisfy agency requirements.

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

ESD requires the flat rate overhaul of the Stabilizer Test Sets listed in the following table. Any resultant order will include an addendum to FAR clause 52.212-4 allowing for the flat rate overhaul of additional Test Sets at the same price, terms, and conditions as the original order.

Nomenclature/Description

Quantity

Optional Quantity

National Stock Number

(NSN)

Part Number (PN)

Stabilator Test Set 2 each up to an additional 4 each 4920-01-526-5799 02-1103-01

The Stabilator Test Set is used to perform functional checks on the MH-60T airframe by providing simulated signals to various aircraft components and then monitoring the component’s response. Based on the signal sent by the Test Set and the resulting response, the technician can determine whether a component is functioning properly and troubleshoot any discrepancies.

UNIQUE CHARACTERISTICS THAT LIMIT AVAILABILITY TO ONLY ONE SOURCE, WITH THE REASON NO OTHER

SUPPLIES OR SERVICES CAN BE USED.

The use of this specific Test Set on the MH-60T airframe is prescribed by the Naval Air Systems Command (NAVAIR) Maintenance Manual AT-822QA-MIB-000. The Navy is the lead agency for all maintenance, repair, and overhaul actions on the MH-60T aircraft.

The Test Sets to be repaired are highly specialized and have been designed and manufactured by Ultrax Aerospace, Inc.

(CAGE Code 07PR7). As the Original Equipment Manufacturer (OEM) of this item, Ultrax Aerospace owns all rights to the service manuals, technical data, performance specifications, and drawings for the Test Set, including its integrated software, which are required for the repair and calibration of the Test Sets. The rights to the technical data necessary to have this item repaired and calibrated by any vendor other than the OEM are not owned by the Government.

https://www.acquisition.gov/far/part-6#FAR_6_302 https://www.govinfo.gov/link/uscode/10/3204 https://www.govinfo.gov/link/uscode/10/3204 https://www.govinfo.gov/link/uscode/10/3204 https://www.govinfo.gov/link/uscode/10/3204 https://www.govinfo.gov/link/uscode/10/3204

March 8, 2023 Version

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).

Market research was conducted using both Government and commercial sources. This included querying the following information systems and web sites: Defense Logistics Agency (DLA) Federal Logistics Information Service (FLIS); Department of Defense Electronic Mall (DoD EMall); the General Services Administration’s (GSA) on-line purchasing service – GSA Advantage!®; Inventory Locator Service e-marketplace (ILSmart); internet search engines; and the OEM’s web site. These items are not available from any mandatory Government source IAW FAR 8.002 or from any non-mandatory sources IAW 8.004.

Ultrax Aerospace does not have any authorized service vendors. IAW FAR 5.101(a)(1), a combined synopsis/solicitation will be posted to the Governmentwide Point of Entry (GPE), the Contract Opportunities section of the web site at www.sam.gov. All responsible sources may submit a capability statement, proposal, or quotation which shall be considered by the agency.

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

As the OEM of the Test Set, Ultrax Aerospace owns all rights to the service manuals, technical data, performance specifications, and drawings, including its integrated software. This information is required to repair and calibrate the Test Sets. The rights to the technical data necessary in order to have this item repaired and calibrated by other than the OEM are not owned by the Government, nor are they licensed to any commercial sources. Having a properly functioning and calibrated Test Set is critical to ensuring aircraft availability and safe operation.

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 Test Sets to be overhauled are complex and must meet critical operational and reliability requirements, the achievement of which require extensive and sophisticated testing. The Government does not own or possess any rights to the service manuals, technical data, performance specifications, or drawings required to service this equipment and it has been determined that it would not be economical to purchase these rights. In addition, the Government has not developed the technical data required to repair and calibrate these Test Sets and has no plans to do so.

PROVIDE A STATEMENT OF ACTIONS, IF ANY, THE GOVERNMENT MAY TAKE TO REMOVE OR OVERCOME ANY

BARRIERS TO COMPETITION BEFORE FUTURE ACQUISITIONS ARE REQUIRED.

As previously stated, the Government does not own or possess any rights to the service manuals, technical data, performance specifications, or drawings required to repair and calibrate these Test Sets. This has prevented the USCG from being able to provide an adequate technical description to potential new repair sources. Therefore, it is difficult to take steps to foster competition when the repair, calibration, performance, and testing data are proprietary to the OEM.

SIGNATURE AND TITLE OF CUSTOMER CODE TELEPHONE NUMBER DATE

SIGNATURE OF CONTRACTING OFFICER CODE TELEPHONE NUMBER DATE

http://www.sam.gov/