Q50472B00 JOTFOC.pdf
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- Attached to
- AIR CONDITIONER
- Solicitation number
- 70Z04025Q50472B00
About this file
This file is a Justification for Other Than Full and Open Competition (JOTFOC) document for a US Coast Guard procurement of six Marine Air Systems air conditioner units (P/N DCU27-2361-410A, NSN 4120-01-650-5257) for the 45' Response Boat-Medium (RBM). The justification cites 10 U.S.C. § 3204(a)(1) "Only One Responsible Source" as the authority, explaining that Marine Air Systems Inc. and their authorized distributors are the only sources that can provide the required units since they exclusively possess the technical data and manufacturing specifications.
The document justifies the sole source procurement by noting these air conditioners are critical for equipment cooling and crew comfort during operations, particularly in high temperatures. The Coast Guard does not own the technical data rights, and any attempt to manufacture without OEM specifications could impact mission capabilities. Market research included contacting the OEM, authorized distributors, commercial distributors and internet searches. The COTR will continue market research to identify potential future sources who can meet Coast Guard requirements, including obtaining manufacturing drawings and specifications. The document is dated March 8, 2023 and requires quotes by January 3, 2025.
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Text version
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.
PURCHASE REQUEST OR REQUISITION
NUMBER
PROJECT/TASK
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]
BRIEF DESCRIPTION OF SUPPLIES OR SERVICES REQUIRED, AND THE INTENDED USE.
The purchase of SIX (6) each AIR CONDITIONER P/N DCU27-2361-410A SMRTSTR CTD CL NSN 4120-01-650-5257
VESSEL: 45 RBM
UNIQUE CHARACTERISTICS THAT LIMIT AVAILABILITY TO ONLY ONE SOURCE, WITH THE REASON NO OTHER SUPPLIES OR SERVICES CAN BE USED. The technical data for the AIR CONDITIONER required to make an accurate assessment of equal or alternate equipment meeting the Coast Guard’s performance, fit and function requirements for this procurement is unavailable. The AIR CONDITIONER is in support of the VENTALATION SYSTEM currently installed on the 45 RBM. Primarily, the AIR CONDITIONER is critical for providing cooling to the boat for all of the equipment and crew comfort during seasonal high temperatures, especially during underway operations. Any attempt to manufacture this item without the proper Original Equipment Manufacturer (O.E.M). parts and without access to O.E.M. reproduction manufacturing drawings, specifications, tolerances/parameters, test procedures and other relevant information, could lead to major mission degradation.
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).
Contacted Original Equipment Manufacturer, including authorized distributor, commercial distributor, and extensive internet search for sources.
REASON THAT SUGGESTED SOURCE IS THE ONLY SOURCE WHICH CAN PROVIDE THE SUPPLIES OR SERVICES.
The AIR CONDITIONER is a MARINE AIR SYSTEMS INC. brand. MARINE AIR SYSTEMS INC. and their authorized distributors is the suggested and only source that can provide the AIR CONDITIONER. This brand is installed across the 45FT RBM platform, to maintain configuration of spare parts. Any and all other offers must conform to this brand. MARINE AIR SYSTEMS INC. is the sole possessor of the drawings and other technical information required to properly manufacture the AIR
CONDITIONER
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.
This is as proprietary commercial item of the proposed contractor. The reproduction manufacturing drawings, specifications and other technical data related to this item were never purchased by the U. S. Coast Guard and therefore are controlled by and remain the sole property of the O.E.M.
March 8, 2023 Version
PROVIDE A STATEMENT OF ACTIONS, IF ANY, THE GOVERNMENT MAY TAKE TO REMOVE OR OVERCOME ANY
BARRIERS TO COMPETITION BEFORE FUTURE ACQUISITIONS ARE REQUIRED.
COTR will continue to market research in the attempt to locate vendors that can satisfy the needs of the Coast Guard, including a requirement for manufacture’s engineering/manufacturing drawings, detailed parts list, design or testing procedures, and other relevant information concerning this item.
SIGNATURE AND TITLE OF CUSTOMER CODE
SBPL
TELEPHONE
NUMBER
410-762-6776
DATE
11/15/2024
SIGNATURE OF CONTRACTING OFFICER
CODE TELEPHONE
DATE
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