Justification and Approval_HAMILTON DS FQ4 FY23 Rev1_Redacted.pdf

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

Revision 1

41 U.S.C. § 1901 Only One Responsible Source and No Other Supplies or Services will Satisfy Agency

Requirements

In compliance with Federal Acquisition Regulation (FAR) 13.501(a)(ii), this justification uses the format at FAR 6.303-2 and is modified to state that the procedures in FAR subpart 13.5 are used. Furthermore, Pursuant to the requirements of the Competition in Contracting Act (CICA) as implemented by the Federal Acquisition Regulation (FAR) Subpart 6.3 and in accordance with the requirements of FAR 6.303-1. Only a portion of this acquisition is for a brand-name product or item peculiar to one manufacturer, the justification and approval is to cover only the portion of the acquisition which is brand-name or peculiar to one manufacturer. The use of such descriptions in the acquisition or portion of an acquisition is essential to the Government’s requirements, thereby precluding consideration of a product manufactured by another company.

1. Agency and Contracting Activity. The Department of Homeland Security (DHS), United States Coast Guard (USCG), Surface Forces Logistics Center (SFLC), Long Range Enforcement Product Line (LREPL) proposes to direct a prime contractor on the USCGC HAMILTON DS FQ4 FY23 contract to order directly from Original Equipment Manufacturers (OEM) as per the specifications.

2. Nature and/or Description of the Action being Approved. This is a brand name justification for work to be provided for under the USCGC HAMILTON DS FQ4 FY23 contract which is to be solicited under Request for Proposal (RFP) 70Z08523RLREP0002.

The total contract price is estimated at and will be awarded to one contractor under FAR sub-part 13.5 as a Requirements type contract with firm fixed price task orders. Fiscal year (FY) 2023 Surface Operations funds will be used.

This justification is for the use of authorized Facility/Manufacturer/Representative by the Original Equipment Manufacturers (OEM) and the acquisition of one item of supply from a designated supplier that meets USCG technical guidelines. The estimated total price of work associated with this justification is . This justification covers the following subcontractors:

Par Marine/ Jered LLC 3000 Sidney Lanier Drive Brunswick Ga. 31525

Allied Systems Co.

2300 Oregon Street Sherwood, OR, 97140

Rev-1

Rev-1

1) Does PaR Marine/Jered LLC still own the proprietary data for these capstans?

Yes

2) Would PaR Marine/Jered LLC allow the U.S. Coast Guard to use that data for free? No

3) Would PaR Marine/Jered LLC consider selling those rights to the U.S. Coast Guard? No

(b) WI 017 Dual Point Davit Biennial Maintenance

The OEM for the vessel’s davit is Allied. Factory authorized suppliers provide parts and proprietary technical data/drawings only available from the OEM. This maintains all OEM warranties, ensures equipment reliability, and crew safety;

therefore, precluding consideration of a product manufactured by another company.

The company was contacted on 29 March 2023 to inquire about their proprietary data rights. The following questions were asked and responses noted:

1) Does Allied still own the proprietary data (including data required for the manufacturing of spare parts) for this davit system? Yes

2) Would Allied allow the U.S. Coast Guard to use that data for free? No

3) Would Allied consider selling those rights to the U.S. Coast Guard? No

7. Description of Efforts Made to Ensure that Offers are Solicited from as Many

Potential Sources as is Practicable. This pertains to the overall acquisition of the USCGC HAMILTON FQ4 FY23 dockside availability.

a) An Acquisition Planning Forecast Record number F2023060366 was published at https://apfs-cloud.dhs.gov/ on 20 Jan 2023

b) A combined synopsis/solicitation will be issued on SAM.gov in April 2023. A redacted copy of this Justification and Approval will be posted with the solicitation.

8. Determination by the Contracting Officer that the Anticipated Cost to the

Government will be Fair and Reasonable. The contracting officer determines that the anticipated price(s) will be fair and reasonable in accordance with FAR 13.106-3(a)). A price analysis will be conducted comparing the proposed prices received in response to the solicitation.

9. Description of Market Research. Market research was conducted by the project manager to determine if there were any other viable resources available to meet the needs of this justification. Market research included internet searches for companies that were authorized redistributors or providers of the services needed, and inquiring with the individual companies about whether or not they would be willing to sell or provide their proprietary rights relating to this equipment to the USCG. In conclusion, due to the proprietary nature

Signature page was redacted.