Attachment 2 - Redacted J and A - 70Z03824QH0000045.pdf

4. Identification of Statutory Authority Permitting Other Than Full and Open Competition.

The statutory authority permitting other than full and open competition is 41 U.S.C. § 1901 implemented by FAR Subpart 13.501(a) sole source (including brand name) acquisitions as defined in FAR 2.101.

5. Identification of Exception to the Buy American Act.

The nonavailability exception to the Buy American Statute does not apply to this requirement.

6. Demonstration that the Proposed Contractor's Unique Qualifications or the Nature of the Acquisition Require Use of the Authority Cited.

(a) Rationale for using the authority cited in section 4 of the J&A;

The AE2100D3 engine spare parts for this requirement are manufactured by Rolls Royce Corporation and all specifications, manufacturing drawings, data, test equipment, and tooling required to manufacture these components are proprietary to Rolls-Royce Corporation. The USCG did not purchase the rights to the proprietary data required· to foster a competitive environment as part of any original provisioning for use on the HC-130J fixed-wing aircraft and the cost to procure this data would be cost prohibitive. To maintain integrity of the system, ensure compatibility of the replacement components and safe operation of the aircraft, these AE2100D3 parts must be obtained from the OEM.

(b) Details covering what events lead to the situation requiring use of other than full and open competition procedures including whether any portion of the work can be segregated to allow for competition;

The HC-130J AE2100D3 engine technology remains unchanged. Changes within the marketplace have not occurred since the HC-130J was inducted into service.

Rolls-Royce and its subcontracting partners own all the technical data for the AE2100D3 engine and supporting spare parts.

(c) Summarize alternatives considered and why they will not work;

There are no alternative sources other than the OEM, Rolls-Royce Corporation. The USCG has limited inventory of the Flight Critical AE2100O3 engines for the HC- 130J fleet. These spare parts will enable the engine assemblies to be repaired in the field and keep them on wing, allowing the USCG to continue fulfilling their mission. Flight Critical parts that fail, have the potential for catastrophic or critical consequences to personnel and equipment. Purchasing similar components from another vendor may result in dangerous conditions and compromise the integrity of the aircraft thereby creating a flight safety risk. A flight safety risk is never acceptable, therefore, no alternative sources may be considered.

(d) Impact to the mission that would result if the J&A is not approved and, consequently, the product or service not provided.

Failure to approve this sole source justification will jeopardize the USCG's mission due to grounding of HC-130J aircraft as a result of no stock being available as required.

(e) Rationale for use of the nonavailability exception to the Buy American statute, including detailed information explaining why the particular articles, materials, or supplies of the class or kind to be acquired, either as end items or components, are not mined, produced, or manufactured in the United States in sufficient and reasonably available commercial quantities and of a satisfactory quality.

The nonavailability exception to the Buy American Statute does not apply to this requirement.

7. Description of Efforts Made to Ensure that Offers are Solicited from as Many Potential Sources as is Practicable.

(a) If an announcement has already been made in Contract Opportunities, provide the date of publication; or An announcement has not been made in Contract Opportunities.

(b) If an announcement is being planned for posting in Contract Opportunities, provide the estimated date of publication.

This Justification for Other than Full and Open Competition (J&A) will be posted to the Government wide Point of Entry (GPE) website, SAM.gov. It is anticipated that a special notice will be posted to the GPE via SAM.gov on approximately 25 April 2024. Any capability statement or quote received in response to the notice will be considered prior to award.

( c) If an announcement will not be published, identify the applicable exception under FAR 5.202:

There are no applicable exceptions, and an announcement will be published.

( d) If an announcement will be published after award, cite the applicable exception under

FAR6.305:

An announcement will be published with the solicitation.

8. Determination by the Contracting Officer that the Anticipated Cost to the Government will be Fair and Reasonable.

The Contracting Officer anticipates that prices will be determined fair and reasonable based on comparison of proposed prices found reasonable with similar items in a related industry (FAR 13.106-3(a)(2)(iv)). Prices of some items may be found reasonable with comparison to historical prices paid.