Attachment B - Redacted Justification 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.

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]

BRIEF DESCRIPTION OF SUPPLIES OR SERVICES REQUIRED, AND THE INTENDED USE. MRS intends to purchase the following part(s) on a sole source basis: Seal, P/N: 782760P05, NSN: 5330-01-529-9138, Qty: 6ea. These parts are used on the HC-144 aircraft and are replaced during inspection due to corrosion/damage.

UNIQUE CHARACTERISTICS THAT LIMIT AVAILABILITY TO ONLY ONE SOURCE, WITH THE REASON NO OTHER SUPPLIES OR SERVICES CAN BE USED. This item to be procured under this acquisition (to include its Form, Fit, and Function) are unique to a specific aircraft, and any installation, operation, or servicing must comply with the Aircraft Original Equipment (OEM), requirements and/or the USCG’s authorized engineering authority for this particular airframe. Airbus Defence and Space SAU (Cage Code: 0117B) is the aircraft OEM and owns all rights to the technical data, specifications, and drawings required to manufacture the parts. Airbus DS Military Aircraft (Cage Code: 0DAF1) is the only authorized distributor for Airbus SAU. The rights to the technical data necessary in order to acquire these parts from other than the OEM or an OEM approved source are not owned by the Government, and it has been determined that it is uneconomical to purchase these rights.

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). USCG uses past procurement history and the international aviation subscription service (Inventory Locator Service or ILS®), to seek available sources of supply. All potential sources were contacted via market research to determine if they possessed all of the following criteria: (1) if not the OEM, are in legal possession of the necessary service data, (2) have true capability, and (3) can meet the required Turn-Around-Time.

REASON THAT SUGGESTED SOURCE IS THE ONLY SOURCE WHICH CAN PROVIDE THE SUPPLIES OR SERVICES. General Electric Company (Cage Code 99207) is the OEM of the required part, but Airbus DS (Cage Code: 0DAF1) the aircraft OEM’s distributor, is currently the only known source capable of fulfilling this requirement as General Electric is not able to do so due to stock shortages. These parts are procurable only from the OEM or an authorized distributor of the OEM.

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. USCG cannot legally change the requirement for this item as it is directed by the OEM and/or the OEM’s manager of such data. Therefore, procurement processes are dictated by the OEM or an approved source of the OEM. The Government does not own or possess any rights to the technical data, specifications, and drawings required to manufacture these parts. In addition, the Government has not developed the technical data required to manufacture these parts 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. It is not economically feasible for the Government to purchase the OEM rights, technical data, etc. to manufacture these parts. However, the USCG ALC MRS still continues to check maintenance and repair web-based subscription services, alternate approved systems, and industry periodicals, and also sends representatives to various aviation trade shows and conferences to seek out all possible legally achieved purchase/service options and sources.

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