Attachment 2- Redacted Justification for Other than Full and Open Competition - 70Z03823QJ0000238.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.

PURCHASE REQUEST OR REQUISITION NUMBER

2023083-JB03

PROJECT/TASK

NUMBER

ESTIMATED AMOUNT (Over Micro-Purchase Threshold, but up to the SAT) $37,095.00

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.

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

Quantity

Optional Quantity

Part Number (P/N)

Alternative Part Number (P/N)

Nomenclature

10 10 SS53D29J0146270 AS241D29J0146270 Hose Assembly

These hose assemblies are used on the MH60T USCG aircraft.

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

SUPPLIES OR SERVICES CAN BE USED.

These item(s) to be procured under this acquisition are highly specialized item(s) which have been designed and manufactured by Eaton Corp. (Cage Code 00624). As the OEM of these item(s), Eaton 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 item(s) 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 item(s) 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; 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. 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.

August 2020

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

Eaton 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. 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) 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 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 foster competition when the manufacturing, performance, and acceptance data are proprietary to the OEM.

SIGNATURE AND TITLE OF CUSTOMER

Ismael Melendez

Item Manager MRR

CODE

TELEPHONE

252-335-6566

DATE

SIGNATURE OF CONTRACTING OFFICER

CODE TELEPHONE

DATE