Attachment 2 - Redacted J and A - 70Z03823QJ0000359.pdf

August 2020

ATTACHMENT 2 - REDACTED J&A - 70Z03823QJ0000359

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. Do not use marketing language in this document. Language such as “This company has made its mark,” “This company is recognized as industry’s best,” and “This company is the leader in…” is unacceptable.

PURCHASE REQUEST OR REQUISITION

NUMBER

PROJECT/TASK

NUMBER

ESTIMATED AMOUNT (Over Micro- Purchase Threshold, but up to the SAT)

IDENTIFICATION OF THE AGENCY AND THE CONTRACTING OFFICE, AND SPECIFIC IDENTIFICATION OF THE DOCUMENT AS A “JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION.” PLEASE CITE THE

AUTHORITY AND TYPE OF JUSTIFICATION.

The United States Coast Guard (USCG), Aviation Logistics Center (ALC), Medium Range Recovery (MRR) Product Line intends to award a firm-fixed price purchase order on a brand name basis. The statutory authority permitting other than full and open competition is 41 U.S.C. 1901(c), as implemented in FAR 13.106-1(b) (1).

BRIEF DESCRIPTION OF SUPPLIES OR SERVICES REQUIRED, AND THE INTENDED USE.

MRR intends to purchase the items shown in the table below on a brand name basis. The requirement is for item(s) used on the MH-60T aircraft. These item(s) are required for replacement during routine maintenance because of failures/corrosion/damage.

Quantity Option Quantity

NSN Part Number (P/N)

Nomenclature

15 each 5 each 1560-01-HS3-

70209-27001-046 FITTING ASSY

UNIQUE CHARACTERISTICS THAT LIMIT AVAILABILITY TO ONLY ONE SOURCE, WITH THE REASON NO OTHER

SUPPLIES OR SERVICES CAN BE USED.

These item(s) that are to be procured under this acquisition are highly specialized item(s) which have been designed and manufactured by Sikorsky Aircraft Corp, (Cage Code 78286). As the Original Equipment Manufacturer (OEM) of these items, Sikorsky Aircraft Corp, owns all rights to the technical data, specifications, and drawings required for its manufacture. The rights to the technical data necessary to acquire these items from other than the OEM are not owned by the Government and it has been determined that it is uneconomical to purchase these rights. These items in the table are the only ones approved by the USCG’s Aircraft Configuration Control Board (ACCB) for use on the MH60T helicopter.

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).

Extensive market research was conducted using both Government and commercial sources. This included querying the following information systems and web sites: Defense Logistics Agency (DLA) Federal Logistics Information Service (WebFLIS); FedMall; and the OEM’s web site. These item(s) are not available from any required or optional source of supply in accordance with (IAW) FAR 8.002.

A combined synopsis/solicitation will be posted to the Sam.gov web site at www.Sam.gov IAW FAR 5.101(a)(1). The OEM will be notified of this posting to www.Sam.gov. via email.

http://www.sam.gov/ http://www.sam.gov/

August 2020

REASON THAT SUGGESTED SOURCE IS THE ONLY SOURCE WHICH CAN PROVIDE THE SUPPLIES OR SERVICES.

Sikorsky Aircraft Corp is the OEM and they own the rights to the technical data, specifications, and drawings required to manufacture these item(s). USCG Aviation Engineering has assigned these item(s) an Acquisition Method Code (AMC) of 5. IAW Volume 10, Table 71 of DoD 4100.39 (series), an AMC of 5 indicates to acquire only from prime contractor although engineering data identifies the Commercial and Government Entity Code (CAGE) and part number of a source other than the prime contractor. Any offeror will be considered for award if they can demonstrate that they are a distributor officially authorized by the OEM, showing clear traceability to the OEM. The USCG is conducting a brand name acquisition.

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.

These item(s) that are to be procured are complex and must meet critical operational and reliability requirements, the achievement of which require unique production techniques and extensive and/or sophisticated testing. The Government does not own or possess any rights to the technical data, specifications, and drawings required to manufacture these item(s) and it has been determined that it is uneconomical to purchase them. In addition, the Government has not developed the technical data required to manufacture these item(s) 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.

As previously stated, the Government does not own or possess any rights to the technical data, specifications and drawings required to manufacture these item(s) which have prevented the USCG from being able to provide an adequate technical description to potential new sources. Therefore, it is difficult to take steps to foster competition when the manufacturing, performance, and acceptance data are proprietary to the OEM.