Attachment 3 - Redacted JA.pdf

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

41 u.s.c. § 1901

LINK ASSEMBLY REPAIRS

In compliance with Federal Acquisition Regulation (FAR) 13.501 (a)(ii), this justification uses the fonnat 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, United States Coast Guard (USCG), Aviation Logistics Center (ALC), Medium Range Recovery (MRR) Procurement Branch Product Line Division, prepared this justification for other than full and open competition.

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

(a) Nature of the action: USCG intends to procure on a sole source basis a contract to the Original Equipment Manufacturer (OEM), Sikorsky Aircraft Corporation (SAC), for the repairs of the link assembly utilized on the USCG MH-60T aircraft.

(b) Name and address of the contractor:

Sikorsky Aircraft Corporation (SAC) Cage code: 78286 6900 Main Street Stratford, CT 06614

( c) Type of action: Finn Fixed-Price (FFP) Contract of a one ( 1) base year and two (2) option years.

(d) Estimated total value (including options): $392,823 broken down as follows:

Period Unit Price Total*

Base Year 12 mo.

Option Year 1 12 mo.

Option Year 2 12 mo.

*All totals have been rounded to the nearest dollar

( e) Type of funding: Operations and Support funds

(f) Year of funding: Fiscal Years 2024-2027

(g)Solicitation number: 70Z03823RH0000005

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(h}Background infonnation about the requirement:

The USCG currently operates a fleet of forty-eight (48) MH-60T rotary wing aircraft with plans to expand each year. This specialized, high demand, aircraft currently enables the USCG to perfonn missions such as search and rescue, law enforcement, international ice patrol, marine environmental protection, and marine resource conservation. With a demanding operational tempo, aircraft condition and availability are essential to mission success.

In accordance with the National Defense Authorization Act for Fiscal Year 2004, Public Law 108- 136, § 802, 117 Stat. 1392 (2003), the Naval Supply (NAVSUP) Systems Command, Weapons Systems Support (WSS), Philadelphia, PA, is the design control activity for the component(s) specific to this acquisition and as such, has the sole authority and responsibility for certifying source(s) for the repairs services and support for USCG MH-60T component(s). Repairing the component(s) with another vendor may result in dangerous conditions and compromise the integrity of the aircraft thereby creating a safety flight risk. A safety flight risk is never acceptable, therefore, no alternate vendors other than NAVSUP WSS approved source(s) will be considered for this requirement. The Navy has identified only one ( 1) source capable of meeting this requirement;

Sikorsky Aircraft Corporation (SAC, cage code 78286). SAC is the Original Equipment Manufacturer (OEM) of the link assembly. See attachment 1 of Market Research Report (MRR).

3. Description of Supplies/Services.

The link assembly ensures the swashplate of the rotary head rotates with the rotor blades while ensuring enough movement for the plate to control the aircraft. SAC is the only source capable of providing the component (see attachments 1-2 of MRR).

National Stock Part Number Unit of Estimated Nomenclature 11 Number (PIN) Issue Quantify P.er

(NSN) I Ordering I Period

LNK ASY, ROT SCISSOR 1615-01-221-2614 70104-08021-044 EA 15

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. § 190 I implemented by FAR Subpart 13.SOl(a), "Sole Source Acquisition."

5. Identification of Exception to the Buy American Act.

This requirement for the repairs of the link assembly does not require an exemption to the Buy American statute.

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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: Sources must be NAVSUP WSS approved. In addition, the specifications, manufacturing drawings, data, test equipment, and tooling required to repair the components of this acquisition is proprietary to the OEM, SAC (see attachment 2 of MRR). The USCG did not purchase rights to the proprietary data required to foster a competitive environment as part of any original provisioning for use on the MH-60T aircraft and the cost to purchase rights to this proprietary data would be cost prohibitive.

(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: As the component(s) is controlled by the Navy, contact efforts were made to the Navy to identify source(s) for the repair services. The Navy identified only one (1} source for repair, SAC. Then con:espondence with SAC confirmed there are no authorized repair facilities (See Attachments 1-2 ofMRR).

(c) Summarize alternatives considered and why they will not work: As cited in 6a, source(s) must be NA VSUP WSS approved.

( d) Impact to the mission that would result if the J&A is not approved and, consequently, the product or service not provided: If this justification is not approved, the lack of parts would cause a severe degradation in the USCG's ability to conduct search and rescue, law enforcement, international ice patrol, marine environmental protection, and marine resource conservation, and various other missions.

(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. This section should include the following information:

(a) If an announcement has already been made in Contract Opportunities, provide the date of publication:

This procurement forecast is posted as OHS -Acquisition Planning Forecast System (APFS) No:

F202306241 l on http://apfs.dhs.gov, Published on 06/01/2023, and was included in the OHS Forecast of Small Business 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 GPE website, SAM.gov. Any capability statement, proposal or quotation received in response 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 FAR 6.305: There are no applicable exceptions and an announcement will be published.

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 detennined fair and reasonable based on comparison of proposed prices with prices found reasonable on previous repair prices (FAR 13.106-3 (a)(2)(ii), comparison with similar items in a related industry (FAR 13.106-3(a)(2)(iv), and comparison to the IGCE (FAR 13.106-3(a)(2)(vi).

9. Description of Market Research.

(a) Describe the market research techniques used, results, date when the market research was conducted, and how it was used by the contracting officer to detennine price reasonableness: This procurement forecast is posted as DHS -Acquisition Planning Forecast System (APFS) No: F2023062411 to http://apfs.dhs.gov, and was included in the DHS Forecast of Small Business Opportunities. Market research has been conducted in accordance with FAR Part 10 from September 2022 - May 2023. A review of the Asset Maintenance Management lnfonnation System (AMMIS) database history was conducted. Contact efforts were made to the Navy and the OEM via email. Government databases such as General Services Administration (GSA), FEDMALL, and WebFLIS were all reviewed as part of the market research.

Commercial databases such as, Inventory Locator Services (ILS) were reviewed. Research on the component was done through the CGTO Maintenance Manual. Existing DHS-wide and multi-component contract vehicles with DHS Strategic Sourcing Program Office and/or on DHS Enterprise-wide Contract Vehicle Portal were reviewed and were detennined out of scope of this procurement.

(b) Describe the market research results that support the detennination that the items are nonavailable:

Not applicable; this requirement does not include the exceptions at FAR 25.103(b )(2) or FAR 25.202(a)(2).

(c) If market research was not conducted, state why: Not applicable; market research was conducted from September 2022 - May 2023.

( d) If patents, copyrights, and/or intellectual property are applicable to the acquisition, describe the circumstances for acquiring a patented or copyrighted product on the representation of the intellectual property holder that has not been licensed for resale: Patents, copyrights, and/or intellectual property are not applicable to this acquisition.

10. Any Other Facts Supporting the Use of Other Than Full and Open Competition.

(a) An explanation why technical data packages, specifications, statement of work, or purchase descriptions are not suitable for full and open competition: SAC is the OEM and only NA VSUP WSS approved source for the repair of the component, therefore, the acquisition is not suitable for full and open competition.

(b) Discuss why your requirement cannot be modified to enhance competition: This requirement cannot be modified to enhance competition as source(s) must be NAVSUP WSS approved.

(c) For a proposed contract subject to the restrictions off AR 6.302-1 for follow-on acquisitions as described in 6.302(a)(2)(iii), provide an estimate of the cost to the Government that would be duplicated and detailed infonnation on how the estimate was derived: This requirement is not a follow-on action as described in 6.302-1 (a)(iii).

(d) For a proposed contract subject to the restrictions of FAR 6.302-2(d) or HSAR 3006.302-270 and where FAR 6.302-2 is cited as the authority, describe the exceptional circumstances allowing for an award for a period of perfonnance in excess of the one-year limitation (applicable to all federal agencies) or the OHS specific statutory 150-day limitation: This requirement is not subject to the restrictions of FAR 6.302-2( d) or Homeland Security Acquisition Regulation (HSAR) 3006.302-270.

11. A Listing of the Sources, if Any, that Expressed, in Writing, an Interest in the Acquisition.

A combined synopsis/solicitation will be issued through Contract Opportunities on SAM.gov website upon approval of this document. Once the J&A has been posted to SAM.gov, all offerors will be considered. To date, there have been no inquiries regarding this procurement.

12. A Statement of the Actions, if Any, the Agency May Take to Remove or Overcome Any Barriers to Competition Before Any Subsequent Acquisition for Supplies or Services Required.

(a) Will the Government revise overly technical specifications, acquire data rights, etc.? The USCG does not possess the technical data required to foster full and open competition for the parts covered under this justification and approval. The USCG will continuously conduct market research to ensure that companies interested in doing business with the USCG are given every opportunity to compete for future USCG requirements. In an effort to increase competition, MH- 60T program members conduct internet database research and ensure procurements are advertised in SAM.gov. If another potential source emerges, and the USCG is able to obtain the required technical data, the USCG will assess whether competition for any future requirements are feasible.

(b} When a J&A is issued for the purposes of acquiring goods or services while a competitive procurement is being conducted, the justification should include a detailed timeline for completion of the competitive procurement. The period of perfonnance for the sole source action should fairly balance the time needed to complete the competitive procurement. The focus should be on minimizing the need for additional sole source awards. Not applicable.

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13. Contracting Officer's Certification.

I certify that the data supporting the recommended use of other than full and open competition is accurate and complete to the best of my knowledge and belief.

Contrac e

14. Technical/Requirements Personnel Certification.

I certify that this requirement meets the Government's minimum need and that the supporting data, which fonns a basis for the justification, is accurate and complete.

Technical Representative/COR