Attachment 3 - Redacted JA.pdf

Attachment 3

JUSTIFICATION AND APPROVAL FOR

OTHER THAN FULL AND OPEN COMPETITION

10 U.S.C. § 3204(a)

Overhaul of the Wheels, Brakes and Associated Components in Support of the HC-144 and

HC-27J Aircraft

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Pursuant to the requirements of the Competition in Contracting Act (CICA) as implemented by the Federal Acquisition Regulation (FAR) 6.103 (FAR Class Deviation 25-11) and in accordance with the requirements of RFO 6.104, the justification for the use of the statutory authority under RFO 6.103 is justified by the following facts and rationale required under

RFO 6.104-1 as follows:

1. Agency and Contracting Activity.

The Department of Homeland Security, United States Coast Guard (USCG), Aviation Logistics

Center (ALC), Medium Range Surveillance (MRS) Division, Elizabeth City, NC, proposes to enter into a contract on a basis 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 overhaul services for the wheels, brakes and associated components in support of the HC-144 and HC-27J aircraft.

(b) Name and address of the contractor:

Meggitt Aircraft Braking Systems

1204 Massillon Rd.

Akron, Ohio 44306-4188

Cage Code: 0B9R9

(c) Contract Type: Firm Fixed-Price Contract

(d) Estimated total value (including options):

Period Total

Base Year

12 mo.

$1,427,672.51

Option Year 1 12 mo. $1,499,056.14

Option Year 2 12 mo. $1,436,928.55

Option Year 3 12 mo. $1,244,441.13

Option Year 4 12 mo. $1,306,663.19

Total $6,914,761.52

(e) Type of funding: Operations and Support funds

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(f) Year of funding: Fiscal Year 2027

(g) Solicitation number: 70Z03826QL0000083

(h) Background information about the requirement: This requirement is currently under firm fixed price contract 70Z03822DL0000005. This contract will expire on June 08, 2027.

3. Description of Supplies/Services.

The contractor will provide overhaul services for the wheels, brakes and associated components to support the HC-144 and HC-27J aircraft. These services are essential to avoid grounding the aircraft.

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

Competition.

The statutory authority permitting other than full and open competition is 10 U.S.C.

3204(a) as implemented in Federal Acquisition Regulation (FAR) 6.103, “Other than full and open competition”.

5. Identification of Exception to the Buy American Act.

The Buy American Act 52.225-1 is applicable 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 wheels, brakes and associated components have been assigned an Acquisition

Method Code (AMC) Code of 3 which requires they be procured from the actual manufacturer or prime contractor. The Original Equipment Manufacturer (OEM) of the wheels, brakes and associated components is Meggitt Aircraft Braking Systems. Using the OEM will ensure the wheels, brakes and associated components are overhauled in accordance with OEM specifications and standards, conform to original form, fit, and function, and are compatible with preexisting aircraft components. Procuring the services from an unauthorized source could result in part failure or other unsafe conditions. The

USCG does not have adequate technical data to provide to potential offerors to promote competition. Sources Sought Notice (SSN) 70Z03826IL0000006 was posted on

SAM.gov on November 13, 2025, with a response date of December 12, 2025. The

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USCG did not receive any responses to the SSN.

(b) Details covering what events led 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 wheels, brakes and associated components specified in this requirement are considered Critical Safety Items (CSIs). A CSI is a part with one or more critical characteristics that, if not conforming to the design data or quality requirements, would result in an unsafe condition. Unsafe conditions relate to mishap severity categories I

(Catastrophic), an II (Critical) of Military Standards MIL-STD 882 and MIL-STD-100, System Safety Program Requirements. USCG Engineering has determined that in order to ensure safety of flight, procuring these wheels, brakes and associated components must come from the OEM.

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

This requirement is for the overhaul of the wheels, brakes, and associated components in support of the HC-144 and JC-27J aircraft. This requirement is restricted to the OEM;

there are no other alternatives to acquire these services from other than the OEM due to proprietary data and maintaining airworthy condition of the aircraft.

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

These services will provide wheels, brakes and associated components required to support operational maintenance as well as scheduled Programmed Depot Maintenance

(PDM) of the HC-144 and HC-27J aircraft. Without these wheels, brakes and associated components, aircraft will be grounded for extensive periods of time until the OEM wheels, brakes and associated components can be serviced. Failure to approve this J&A will jeopardize the performance of the USCG’s mission due to insufficient stock availability for operational aircraft.

(e) Section is required to be completed when the J&A includes the exception listed under

RFO 25.103(b)(2) or RFO 25.202(a)(2).

Not Applicable.

7. Description of Efforts Made to Ensure that Offers are Solicited from as Many

Potential Sources as is Practicable.

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(a) If an entry was made in APFS, provide the publication date.

This acquisition is forecasted in the Department of Homeland Security (DHS)

Acquisition Planning Forecast System (APFS), number F2026072475 published on

January 28, 2026, and can be found at https://www.apfs.gov. There were no responses received as a result of the APFS posting.

(b) If an announcement has already been made in SAM.gov, provide the publication date.

(c) If an announcement is being planned for posting in SAM.gov, provide the estimated publication date.

The Justification for Other than Full and Open Competition (J&A) will be posted to the

Government-wide Point of Entry (GPE), via https://www.sam.gov under solicitation

70Z03826QL0000083 with an estimated publication date of June 30, 2026.

(d) If an announcement will not be published, identify the applicable exception under RFO

Part 5.

8. Determination by the Contracting Officer that the Anticipated Cost to the

Government will be Fair and Reasonable.

The Contracting Officer determines that the anticipated prices will be determined fair and reasonable based on comparison with prior contract pricing and the Independent

Government Cost Estimate (IGCE).

9. Description of Market Research.

(a) Describe the market research techniques used, results, date(s) when the market research was conducted, and how the contracting officer used the market research to determine price reasonableness.

Market research techniques used consisted of reviewing the AMMIS history database and

Government databases such as General Services Administration (GSA), Federal Logistics repository (FEDLOG) and FEDMALL. Reviews of these government databases determined they were outside the scope of this requirement. Meggitt Aircraft Braking

Systems is the only approved source to provide overhaul services for the wheels, brakes https://www.apfs.gov/ https://www.sam.gov/

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(b) Describe the market research results that support the determination that the items are nonavailable.

(c) If market research was not conducted, state why.

(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 and consult with the Coast Guard IP attorney.

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.

Meggitt Aircraft Braking Systems, the OEM, is the only approved source to overhaul the wheels, brakes and associated components. The technical data, engineering specifications, and technical drawings are primarily proprietary to the OEM, Meggitt

Aircraft Braking Systems. This contract requires access to the technical data to maintain and support the HC-144 and HC-27J aircraft and its operational missions.

The USCG did not purchase and was not provided with the opportunity to purchase full data usage rights as part of the acquisition of the HC-144 and HC-27J aircraft. As a result, the USCG cannot foster full and open competition for this effort, as the manufacturing, operational, technical data are proprietary, and the USCG does not possess adequate and appropriate technical data to provide to potential offerors. The services to be provided under this acquisition are highly specialized and are only available from the OEM Meggitt Aircraft Braking Systems. Therefore, this requirement is not suitable for full and open competition.

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(b) Discuss why your requirement cannot be modified to enhance competition.

This requirement cannot be modified to enhance competition because the wheels, brakes and associated components and the subsequent technical data are not available from anyone other than the OEM or an authorized overhaul facility.

(c) For a proposed contract subject to the restrictions of RFO 6.103-for follow-on acquisitions as described in 6.103-1(c)(2)(i), all components must provide an estimate of the cost to the Government that would be duplicated and detailed information on how the estimate was derived.

(d) For a proposed contract subject to the restrictions of RFO 6.103-2(c) or HSAR 3006.103-

2(c)(70), HSAR Class Deviation 25-01 and where RFO 6.103-2 is cited as the authority, describe the exceptional circumstances allowing for an award for a period of performance in excess of the one-year limitation (applicable to all federal agencies) or the DHS-specific statutory 150-day limitation.

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

Acquisition.

SSN 70Z03826IL0000006 was posted on SAM.gov on November 13, 2025, with a response date of December 12, 2025. The USCG did not receive any responses to the

SSN.

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 or expertise required to perform or compete with the overhaul services pertinent to this J&A. 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. To increase competition, HC-144 and HC-27J Engineering Division

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10 U.S.C. § 3204(a)

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(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 performance 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.

All Signatures can be found in the Procurement file.