Attachment 3- Redacted Justification and Approval.pdf

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JUSTIFICATION AND APPROVAL FOR

OTHER THAN FULL AND OPEN COMPETITION

10 U.S.C. § 3204(a)(1) Solicitation NO. 70Z03826QH0000067

Pursuant to the requirements of the Competition in Contracting Act (CICA) as implemented by the Federal Acquisition Regulation (FAR) 6.103 (FAR Class Deviation 25-111) 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.

Department of Homeland Security, United States Coast Guard (USCG), Aviation Logistics Center (ALC), Long Range Surveillance (LRS), Elizabeth City.

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

(a) Nature of the action: The USCG intends to procure on a sole source basis, various avionics cockpit control panels.

(b) Name and address of the contractor:

G.E. Aviation Systems 1000 Macarthur Memorial Highway Ronkonkoma, NY 11779

(c) Contract Type: Firm Fixed-Price Purchase Order

(d) Estimated total value (including options):

Period Period of

Performance Total

Base Year

12 mo.

(e) Type of funding: Operations and Support funds

(f) Year of funding: Fiscal Year 2026

1 In this document, citations to RFO Parts 6, 10, 15, 25 are citations specifically to FAR Class Deviation 25-11 for FAR Part 6, FAR Class Deviation 25-06 for FAR Part 10, FAR Class Deviation 26-08 Rev. 1 for FAR Part 15, and FAR Class Deviation 25-09 Rev.1 for FAR Part 25, which were issued as part of the Revolutionary FAR Overhaul (RFO), implemented in response to Executive Order 14275, Restoring Common Sense to Federal Procurement, signed April 15, 2025.

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(g) Solicitation number: 70Z03826QH0000067

(h) Background information about the requirement: The Original Equipment Manufacturer (OEM) of the cockpit control panels is G.E. Aviation Systems, and they hold the technical data required for the purchase of these parts. There is no previous contract information for this requirement.

3. Description of Supplies/Services.

The USCG requires the purchase of various spare cockpit control panels to support the expanding HC-130J fleet. These panels are essential for crew control of critical aircraft systems, including switching radio frequencies and energizing and adjusting various aircraft functions. As critical cockpit components, their availability directly impacts the operational readiness and safety of the HC-130J aircraft.

The components in this requirement are identified in the table below.

Nomenclature Part Number Fuel Management Panel 712975-4 Electrical Control panel 712990-2 Bleed Air Control Panel 712995-3

Prop Control panel 712980-2 Pressure Control panel 713005-4

Pilot Ref Set panel 713140-4 L/G Assy Panel 713040-1

Control Panel Assy 712985-1 Multichannel Panel 712860-1

Pallett Lock Control Panel 713895-2 A/C Control Panel 713045-3 Control Panel A/C 713000-4

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

Competition.

As implemented by RFO 6.103-1 entitled “Only One Responsible Source and No Other Supplies will satisfy agency requirements.”

5. Identification of Exception to the Buy American Statute.

Not applicable

6. Demonstration that the proposed contractor’s unique qualifications or the nature of the acquisition requires use of the authority cited.

(a) Rationale for using the authority cited in section 4 of the J&A. Do not duplicate language already used.

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The cockpit control panels must be procured from the OEM or an OEM-approved source to maintain system integrity, ensure compatibility, and guarantee the safe operation of the HC-130J aircraft.

(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;

G.E. Aviation Systems, the OEM, holds proprietary data and rights to the technical drawings and specifications required for manufacturing the cockpit control panels. The USCG does not have adequate technical data to provide to potential offerors to promote competition. The OEM is the only known source that can provide the parts with the correct specifications and standards that are compatible with this aircraft.

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

This requirement is restricted to the OEM; there are no other alternatives to acquire these parts 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 components are required to support the HC-130J aircraft. Failure to improve the sparing level of cockpit control panels will negatively impact the HC-130J aircraft’s ability to communicate and operate safely, potentially endangering USCG personnel and assets.

(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.

Not Applicable

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

Potential Sources as is Practicable.

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

Acquisition Planning Forecast System (APFS) record F2026073306 was published on March 05, 2026.

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

The purchase of various cockpit control panels was advertised in SAM.gov under the Sources Sought Notice (SSN) 70Z03826IH0000022. The notice was published on April 15, 2026.

(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 SAM.gov under solicitation 70Z03826QH0000067 with an estimated publication date of September 10, 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 market research, the Independent Government Cost Estimate, price analysis, and historical pricing data.

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 was conducted January 2026 through April 2026 using AMMIS history, FEDLOG, WEBFLIS, Haystack, and the internet for potential sources that can provide cockpit control panels. G.E. Aviation Systems, the OEM, is the only approved source that can provide cockpit control panels. The Contracting Officer compared the AMMIS history and the above market research sources to determine price reasonableness.

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

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

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(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.

The USCG does not own the necessary manufacturing data required to support manufacture of the cockpit control panels. The drawings and technical data are proprietary and available only from the OEM. The USCG did not purchase the rights as part of the original acquisition and G.E. Aviation Systems stated verbally that there are no plans to sell the proprietary rights for the cockpit control panels.

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

This requirement cannot be modified to enhance competition because the cockpit control panels are not available from anyone other than the OEM or an authorized distributor.

(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.

Sources Sought Notice (SSN) 70Z03826IH0000022, was posted on SAM.gov on April 15, 2026, with a response date of April 22, 2026. Three responses were received from the OEM G.E. Aviation Systems, NU-Art Design, and BHPE LLC.

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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. Include a statement of actions taken or that will be taken to increase competition for future acquisitions of the same item/service. Address information such as:

(a) Will the Government revise overly technical specifications, acquire data rights, etc.?

The USCG does not possess the technical data required to foster a full and open competition. The USCG will continually conduct market research to ensure that companies interested in doing business with the USCG are given every opportunity to compete for future USCG requirement.

(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.

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