Attachment 4 - Redacted Justification for other than full and open competition - 70Z03824QJ0000392_Redacted.pdf

Attachment 4 - Redacted Justification for other than full and open competition -

70Z03824QJ0000392

Communications with Kearfott confirmed they are the OEM, they provide overhaul/repair services for the component, and that there are no other facilities authorized by Kearfott to overhaul the component (See Attachments 2-3). Given this information, no portion of the work can be segregated to allow for competition.

(c) Summarize alternatives considered and why they will not work.

Due to the critical aspect of the component, alternatives cannot be considered. The USCG can only consider overhauls performed by the OEM.

(d) Impact to the mission that would result if the J&A is not approved and, consequently, the product or service not provided.

If this justification is not approved, the lack of parts 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.

(e) Rationale for use of the nonavailability exception to the Buy American statute, including detailed information explaining why the particular articles, materials, or supplies of the class or kind to be acquired, either as end items or components, are not mined, produced, or manufactured in the United States in sufficient and reasonably available commercial quantities and of a satisfactory quality.

The nonavailability exception to the Buy American Statute does not apply to this requirement. Therefore, the Buy American Statute will be included in both the solicitation and terms and conditions of this requirement.

7. Description of Efforts Made to Ensure that Offers are Solicited from as Many Potential Sources as is Practicable.

(a) If an announcement has already been made in Contract Opportunities, provide the date of publication.

This procurement forecast was posted as DHS – Acquisition Planning Forecast System (APFS) No: F2024065169, on 07/24/2024, then revised on 08/21/2024 at http://apfs.dhs.gov and will be included in the DHS Forecast of Small Business Opportunities.

(b) If an announcement is being planned for posting in Contract Opportunities, provide the estimated date of publication.

This Justification for Other Than Full and Open Competition (J&A) will be posted to the GPE website, SAM.gov with an estimated posting date of 09/16/2024. Any capability statement, proposal or quotation received in response will be considered prior to award.

(c) If an announcement will not be published, identify the applicable exception under FAR 5.202.

Not applicable.

(d) If an announcement will be published after award, cite the applicable exception under FAR 6.305.

Not applicable.

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8. Determination by the Contracting Officer that the Anticipated Cost to the Government will be Fair and Reasonable.

The Contracting Officer anticipates the prices for this requirement will be fair and reasonable. This will be based on pricing information collected from market research and the previous paid prices in accordance with (IAW) FAR 13.106-3 (a)(2)(ii), comparison with similar items in a related industry (FAR 13.106-3(a)(2)(iv), and comparison to the IGCE (FAR 13.106-3(a)(2)(vi).

9. Description of Market Research.

(a) Describe the market research techniques used, results, date when the market research was conducted, and how it was used by the contracting officer to determine price reasonableness.

DHS APFS entry, F2024065169 was published but the USCG did not receive any responses.

Sources Sought Notice, 70Z03824IJ0000042, was issued on June 03, 2024, to identify potential sources and no responses were received. Correspondence with the OEM, Kearfott, was completed via email inquiring whether they would sell the proprietary rights for the component. Kearfott confirmed that they would not sell the proprietary right for the components to the USCG (See Attachment 2). Market research has been conducted in accordance with FAR Part 10 from August 2023 – August 2024. Commercial databases were reviewed such as the Inventory Locator Service (ILS) website to identify additional potential sources for overhaul. Existing DHS-wide and multi-component contract vehicles with DHS Strategic Sourcing Program Office and/or on DHS Enterprise-wide Contract Vehicle Portal were reviewed and determined out of scope of this requirement.

(b) Describe the market research results that support the determination that the items are nonavailable.

Not applicable as the nonavailability exception does not apply to this requirement.

(c) If market research was not conducted, state why.

Not applicable; market research was conducted from August 2023 – August 2024.

(d) If patents, copyrights, and/or intellectual property are applicable to the acquisition, describe the circumstances for acquiring a patented or copyrighted product on the representation of the intellectual property holder that has not been licensed for resale.

Patents, copyrights, and/or intellectual property are not applicable to this requirement.

10. Any Other Facts Supporting the Use of Other Than Full and Open Competition.

(a) An explanation why technical data packages, specifications, statement of work, or purchase descriptions are not suitable for full and open competition.

All technological data to perform overhauls are proprietary to Kearfott and the company does not authorize any other facilities to perform the required services of this requirement. Therefore, the technical data packages, specifications, statement of work or purchase descriptions are not suitable for full and open competition. (See Attachment 2)

(b) Discuss why your requirement cannot be modified to enhance competition.

This requirement cannot be modified to enhance competition because the components and the subsequent technological data are not available from any vendor other than the OEM, Kearfott, and these overhauls are critical to mission performance and safety.

(c) For a proposed contract subject to the restrictions of FAR 6.302-1 for follow-on acquisitions as described in 6.302(a)(2)(iii), provide an estimate of the cost to the Government that would be duplicated and detailed information on how the estimate was derived.

This requirement is not subject to the restrictions of FAR 6.302-1 as described in 6.302(a)(2)(iii).

(d) For a proposed contract subject to the restrictions of FAR 6.302-2(d) or HSAR 3006.302-270 and where FAR 6.302-2 is cited as the authority, describe the exceptional circumstances allowing for an award for a period of performance in excess of the one-year limitation (applicable to all federal agencies) or the DHS-specific statutory 150-day limitation.

This requirement is not subject to the restrictions of FAR 6.302-2(d) or Homeland Security Acquisition Regulation (HSAR) 3006.302-270.

11. A Listing of the Sources, if Any, that Expressed, in Writing, an Interest in the Acquisition.

Sources Sought Notice, 70Z03824IJ0000042, was posted on SAM.gov on 06/03/2024. No responses were received as a result of the published Sources Sought Notice.

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

(a) Will the Government revise overly technical specifications, acquire data rights, etc.?

The USCG does not possess the technical data required to foster full and open competition for the components covered under this justification and approval. The USCG will continuously conduct market research to ensure that companies interested in doing business with the USCG are given every opportunity to compete for future USCG requirements. To increase competition, MH-60T program members conduct internet database research and ensure procurements are advertised in SAM.gov. If another potential source emerges, and the USCG can obtain the required technical data, the USCG will assess whether competition for any future requirements is feasible.

(b) When a J&A is issued for the purposes of acquiring goods or services while a competitive procurement is being conducted, the justification should include a detailed timeline for completion of the competitive procurement. The period of performance for the sole source action should fairly balance the time needed to complete the competitive procurement. The focus should be on minimizing the need for additional sole source awards.

Not applicable.

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