70Z08524RLREP1490 partial JA_Redacted.pdf

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

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. This 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 MUNRO DS FQ3 FY24 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 MUNRO DS FQ3 FY24 contract which is to be solicited under Request for Proposal (RFP) 70Z08524RLREP1490.

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) 2024 Surface Operations funds will be used.

This justification is for the use of an authorized Facility/Manufacturer/Representative by the Original Equipment Manufacturers (OEM). The estimated total price of work associated with this justification is . This justification covers the following OEM subcontractor:

Federal Equipment Co.

Powered by Fairbanks Morse Defense 701 White Ave.

Beloit, WI 53511

1) Does Federal Equipment Co still own the proprietary data for these capstans?

Yes

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

3) Would Federal Equipment Co consider selling those rights to the U.S. Coast Guard? Would provide response via email on 05FEB24. Answer provided was no.

See enclosure 1, OEM Email Response.

(b) WI 17 Helo Hangar Door Curtain Assembly, Renew

The OEM for the vessel’s Helo Hangar Door System is Federal Equipment Co.

Only OEM licensed technicians can provide 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 technician from another company

The company was contacted via phone by Contracting Officer Amy Kelm (KO Kelm) on 05FEB2024 at 1222PT. KO Kelm talked with Mike Parisi, Project Manager, and inquired about their proprietary and data rights. The following questions were asked, and responses noted:

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

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

3) Would Federal Equipment Co consider selling those rights to the U.S. Coast Guard? Would provide response via email on 05FEB24. Answer provided was no.

See enclosure 1, OEM Email Response.

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 MUNRO FQ3 FY24 dockside availability.

a) An Acquisition Planning Forecast Record number F20230062842 was published at https://apfs-cloud.dhs.gov/ on 17 JUL 2023. After review and approval of the procurement package the APFS will be revised to include updated solicitation issue and close dates.

b) A combined synopsis/solicitation is anticipated to be issued on SAM.gov in February/March 2024. 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. KO Kelm has determined 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. KO Kelm inquired if the OEM would be willing to sell or provide their proprietary rights relating to this equipment to the USCG. In conclusion, due to the proprietary nature of the systems involved only the OEM licensed tech rep/s will be capable of performing the service required and/or providing the parts.

The prime contractor of this contract is required to order services and /or supplies from the identified OEM listed here and in the specifications.

10. Any Other Facts Supporting the Use of Other Than Full and Open Competition. The company listed is the current OEM and they have the proprietary knowledge, design data and drawings to coordinate repairs and supply the part(s) on the specific systems onboard USCGC MUNRO. Using other than the licensed tech rep/s and parts provided through the OEM would pose an unacceptable risk of catastrophic failure to these systems thus preventing the USCGC MUNRO from performing her mission.

11. A Listing of the Sources, if Any, that Expressed, in Writing, an Interest in the Acquisition. The following companies responded with interest to the Sources Sought Notice published on 21 DEC 2023 for the dock side of the USCGC MUNRO:

The following companies was identified through the Dynamic Small Business Search dsbs.sba.gov/search and contacted via email on 16 January 2024:

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. At this time, no other known vendors possess the proprietary data or are authorized to provide the required licensed tech rep services. KO Kelm contacted the aforementioned OEM to inquire on receiving, using or purchasing the OEM’s proprietary data rights, but none were acquired for use and/or sold to the USCG. In the future the OEM will be contacted to inquiry on proprietary data rights usage or sale if the systems involved are included in future procurements. If the equipment involved is later replaced with a new system and/or parts then the USCG, at time of acquisition planning, will need to consider purchasing data rights so that future acquisitions would not be restricted to licensed brand name only tech reps and parts. The USCG will continue to explore options that will allow for more competition for these services.

Signature page was redacted.