Attachment 2 - Redacted Justification for Other than Full and Open Competition - 70Z03822QJ0000196.pdf

August 2020

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

202147-JE04

PROJECT/TASK

NUMBER

ESTIMATED AMOUNT (Over Micro- Purchase Threshold, but up to the SAT) $81,795.00

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.

Commanding Officer. 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 item(s) shown in the table below on a brand name basis.

Quantity

Optional Quantity

Part Number (P/N)

Nomenclature

100 each 0 3077M119 ACCELEROMETER

50FT

This requirement is for item(s) used on the MH-60T aircraft and are replaced during routine maintenance because of failures, corrosion and/or damage.

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

SUPPLIES OR SERVICES CAN BE USED.

The item(s) to be procured under this acquisition are a highly specialized item(s) which has been designed and manufactured by Dytran Instruments Inc. (Cage Code 2W033). As the Original

Equipment Manufacturer (OEM) of this item(s), Dytran Instruments Inc. owns all rights to the technical data, specifications, and drawings required for its manufacture. The rights to the technical data necessary to acquire this item from other than the OEM are not owned by the Government and it has been determined that it is uneconomical to purchase these rights. This specific item(s) is the only one approved by the USCG’s Aircraft Configuration Control Board (ACCB) for use on the MH-60T 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; the General Services Administration’s

(GSA) online purchasing service – GSA Advantage®; Inventory Locator Service e-marketplace

(ILSmart); internet search engines; and the OEM’s web site. This item is not available from any required or optional source of supply 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.

http://www.sam.gov/

August 2020

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

Dytran Instruments Inc. is the OEM and they own the rights to the technical data, specifications, and drawings required to manufacture this item(s). USCG Aviation Engineering has assigned this item(s) an Acquisition Method Code (AMC) of 5 and an Acquisition Method Suffix Code (AMSC) Code of H.

IAW Volume 10, Table 71 of DoD 4100.39 (series), an AMC of 5 indicates that the item(s) must be acquired from a prime contractor although the engineering data identifies a source other than the prime contractor. An AMSC of H stipulates the Government physically does not have in its possession sufficient, accurate, or legible data to purchase this item(s) from other than the current source. Any offeror that is able to provide the brand name item(s) and part number and has the ability to submit documentation showing clear traceability to the OEM or can demonstrate that they are a distributor officially authorized by the OEM will be considered for award. The USCG is conducting a brand name acquisition for this purchase.

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.

The item(s) to be procured is 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 this item 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 this part 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 this item(s) which has prevented the USCG from being able to provide an adequate technical description to potential new sources. Therefore, it is difficult to take steps to overcome the brand name barrier and foster competition when the manufacturing, performance, and acceptance data are proprietary to the OEM.

SIGNATURE AND TITLE OF CUSTOMER

Kristine Holt

Item Manager MRR

CODE

TELEPHONE

252-335-6734

DATE

SIGNATURE OF CONTRACTING OFFICER

Hayley W. Osmon Contracting Officer MRR

CODE TELEPHONE

252-335-6642

DATE