Attachment 3 - J and A_Redacted.pdf

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

41 u.s.c. § 1901

Only One Responsible Source and No Other Supplies Will Satisfy Agency Requirements Strut New Buys

Solicitation Number: 70Z03823QJ0000019

In compliance with Federal Acquisition Regulation (FAR) 13.50l(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.

1. Agency and Contracting Activity.

The Department of Homeland Security (DHS), United States Coast Guard (USCG), Aviation Logistics Center (ALC), Medium Range Recovery (MRR) Product Line Division, proposes to enter into a contract on a basis of a brand name justification.

2. Nature and/or Description of the Action being Approved.

(a) Nature of the action: The MRR Procurement Branch requests approval to solicit and award, on a brand name basis, a contract for the procurement of new Aircraft Struts as specified herein. The component is required for outfitting the USCG aircraft with the latest designed/drawing revision authorized on the MH-60T model and is essential to avoid grounding of the aircraft.

(b) Name and address of the contractor:

Ontic Engineering and Manufacturing, Inc.

20400 Plummer St.

Chatsworth, CA 91311-5371

(818) 725-2380 CAGE Code: 45954

Goodrich Corporation 4630 N Beach St, STE 100 Haltom City, TX 76137-3200 CAGE Code: 6K4C8

(c) Type of action: A firm fixed price contract with a one (1) year base period and four (4) option periods will be awarded for the procurement of these components.

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(d) Estimated total value (including options):-broken down as follows:

Period Unit oflssue Quantity Base Year 12 mo. 2 Each Option Year 1 12 mo. 2 Each Option Year 2 12 mo. 2Each Option Year 3 12 mo. 2 Each Option Year 4 12 mo. 2Each

Total - *Rounded to the nearest dollar

(e) Type of funding: Operations and Support funds

(f) Year of funding: The contract is anticipated to be awarded during fiscal year 2022 utilizing fiscal year 2022 funding. The remaining option years will be funded utilizing the funds available during those option years (Fiscal Years 2023- 2027).

(g) Solicitation number: 70Z03823QJ0000 019

(h) Background information about the requirement:

(1) The United States Naval Supply Weapons Systems Support (NAVSUP WSS) is the Primary Inventory Control Agency and has sole authority and responsibility for certifying sources of support for H-60 components. Certification of sources of support was executed in accordance with Public Law 108-136 Section 802 of the Defense Appropriations Act of2004 and Naval Air Systems Command Instruction (NA V AIRINST) 4200.56. However, when components will be managed solely by the USCG, ALC MRR Engineering has the sole authority to approve sources for parts.

(2) For this requirement, the MRR Product Line has a conversion project underway with the Navy, where any component that the USCG buys that is a part of the Navy Exchange Program, in support of the Navy Conversion effort, is exchangeable with a ready for issue (RFI) Navy part once the component goes defective or needs repair; therefore the USCG must procure components only from NAVSUP approved sources. If the USCG procures a component from an unapproved source, then the exchange process is no longer allowable with the Navy for that component indefinitely.

(3) The only NA VSUP WSS approved sources for the required component are Goodrich Corporation (Goodrich), the Original Equipment Manufacturer (OEM), and Ontic Engineering and Manufacturing, Inc. (Ontic), which is the only authorized distributor due to a licensing agreement with Goodrich. The component needed for this requirement (Aircraft Struts) is the component provided by segregated to allow for competition: As cited in 6a, the OEM was contacted regarding the release or sale of their proprietary technology as well as potential authorized distributors.

Per correspondence with Goodrich, they do not approve the release or sale of their proprietary technology and there is one (1) authorized distributor, Ontic, due to a licensing agreement. See Attachment 2. Given this information, no portion of the work can be segregated to allow for competition as Goodrich is the OEM and there is one (1) OEM authorized vendor, Ontic.

( c) Summarize alternatives considered and why they will not work: The USCG may only consider NAVSUP WSS certified sources of support for the MH-60T aircraft components. The OEM has communicated that their proprietary technology is not for release or sale. See Attachment 1. There are no alternative sources that 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 J&A will jeopardize the performance of the USCG's mission due to grounding of aircraft as a result of no stock being available as Aircraft Struts are 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 requirement for the procurement of the purchase of the Aircraft Struts does not take an exception to the Buy American Statue.

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 Sam.gov, provide the date of publication:

An announcement has not been made in Sam.gov. This procurement forecast is posted as DHS- Acquisition Planning Forecast System (APFS) No: F2022057118 and published 25 April 2022 at http://apfs.dhs.gov and was included in the DHS Forecast of Small Business opportunities.

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

A request for Quote Notice 70Z03823QJ0000019 will be posted to the Government wide Point of Entry (GPE) via https://sam.gov/ on or before 13 October 2022 with an estimated response date of 13 November 2022. A redacted copy of the approved J&A on a brand name basis will be uploaded with the notice.

(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.