Attachment 4 - Justification for Other Than Full and Open Competition.pdf

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

41 U.S.C. § 1901

Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements

Airborne Executive Phone-Enhanced Sustainment Services Solicitation Number: 70Z03824QS0000008

In compliance with Federal Acquisition Regulation (FAR) 13.501(a)(ii), this justification uses the format at FAR 6.303-2 and is modified to state that the procedures in FAR subpart 13 are used.

1. Agency and Contracting Activity.

The Department of Homeland Security, United States Coast Guard (USCG), Aviation Projects Acquisition Center (APAC), Elizabeth City, North Carolina.

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

(a) The USCG, APAC seeks approval to award a contract, based on other than full and open competition, to procure sustainment services for the Long Range Command and Control Aircraft (LRCCA).

(b) The proposed contractor is:

L3 Harris Technologies Integrated Systems, L.P. (L3 Harris) 100001 Jack Finney Blvd Greenville, Texas 75402

CAGE 05395

(c) The USCG intends to award an Indefinite Delivery, Requirements type contract consisting of one (1) one-year base period and four (4) one-year option periods.

(d) Estimated total value (including options):

Period Period of Performance Estimated Total Base Period September 5, 2024-September 4, 2025

Option Period One September 5, 2025-September 4, 2026 Option Period Two September 5, 2026-September 4, 2027

Option Period Three September 5, 2027-September 4, 2028 Option Period Four September 5, 2028-September 4, 2029

TOTAL ESTIMATED VALUE

(e) Type of funding:

Operations and Support funds

(f) Year of funding: Fiscal Year Fiscal Year 2024

Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements

(g) Solicitation number:

70Z03824QS0000008

(h) Background information about the requirement:

There is a current Airborne Executive Phone-Enhanced (AEP) services order (70Z03823PS0000015). The current order period of performance is from September 5, 2023, to September 4, 2024. The total cost of this order is $719,958.

3. Description of Supplies/Services.

This requirement is to provide sustainment and upgrade services for the AEP system on the LRCCA SN5617. These services will include two (2) patches and updates per option period. Additional patches and upgrades will be on two (2) USCG owned Case laptops.

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. 1901 as implemented by FAR 13.501(a) “Sole source (including brand name) acquisitions.”

5. Identification of Exception to the Buy American Act.

Not applicable as this effort is for support services.

6. Demonstration that the Proposed Contractor’s Unique Qualifications or the Nature of the Acquisition Require Use of the Authority Cited.

L3 Harris is the sole authority and the Original Equipment Manufacturer (OEM) of the AEP system in the LRCCA SN5617. In order to maintain integrity of the system and ensure compatibility, these services must be obtained from the OEM or an OEM approved source. L3 Harris maintains all proprietary rights, as stated on letterhead dated March 12, 2024 (attached).

The AEP system is integrated on LRCCA SN5617 and if the USCG competed and awarded a contract to another vendor it would require a complete recapitalization of the system to allow any other system to interface cohesively.

This acquisition is limited to the support services provided by the OEM. L3 Harris has no authorized distributors or other repair stations that can service this equipment. If an alternate system is purchased, the current system will require removal, re-wire of the aircraft, and a total aircraft reintegration effort. At this time, the USCG is not looking for an alternate system and therefore there are no other alternatives for this acquisition as L3 Harris is the sole support provided for the installed system.

If this Justification for Other than Full and Open Competition is not approved, the system

Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements will not receive the required sustainment repair.

7. Description of Efforts Made to Ensure that Offers are Solicited from as Many Potential Sources as is Practicable.

Request for Information (RFI) 70Z03823IS0000002 was posted to the Contract Opportunities website with a closing date of March 31, 2023. The only response received was from L3 Harris. L3 Harris is the OEM and the only approved source to sustain the AEP system.

After approval of this Justification for Other than Full and Open Competition, a combined synopsis/solicitation will be advertised on the Contracts Opportunities website and IAW FAR 5.207(c)(16)(ii) the solicitation will include a statement that all responsible sources may submit a proposal or capability statement which shall be considered by the agency.

8. Determination by the Contracting Officer that the Anticipated Cost to the Government will be Fair and Reasonable.

The Contracting Officer anticipates that the prices for this procurement will be fair and reasonable based on an analysis utilizing a combination of price analysis to include a comparison of the proposed prices paid for the same or similar services and an analysis of other than certified cost and pricing data, if determined necessary.

9. Description of Market Research.

RFI 70Z03823IS0000002 was posted to the Contract Opportunities website on March 20, 2023 with a closing date of March 31, 2023. The only response was from the OEM, L3 Harris.

Additional market research was conducted between December 2023 through March 2024 by performing internet searches on the General Services Administrative (GSA) website, the Strategic Sourcing website, and various Google queries to find repair facilities that possess the technical data required to perform the sustainment services. These searches did not produce any other vendors with the ability to provide the required AEP services required by this acquisition.

This procurement was also forecasted in the Acquisition Planning and Forecasting System (APFS) website on April 11, 2024. No other company has contacted the USCG to request Information on this APFS entry.

As a result of the above market research, L3 Harris is the only source identified capable of performing the services required by this acquisition.

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

None

Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements

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

Acquisition.

APFS F2024065711 has been published and there was no interest from any additional sources.

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.

L3 Harris maintains all proprietary rights and does not grant these rights to any business, organization, person, or commercial interest. This policy has limited the USCG’s ability to provide adequate technical descriptions to potential new sources. The USCG will maintain communications with the OEM and will continually conduct market research to identify possible additional sources that may eventually receive authorization to provide sustainment AEP services for L3 Harris. However, granting access or technical packages or authorizing other firms to support their system is solely a L3 Harris business decision.