Attachment 5 -Justification and Approval Work Item D-038 Dolpper Speed Log Upgrade Redacted.pdf

March 8, 2023 Version

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

SIMPLIFIED ACQUISITION PROCEDURES (SAP) FAR 13.106-1(b)

SOLICITATIONS MAY BE LIMITED TO ONE SOURCE ONLY IF THE CONTRACTING OFFICER DETERMINES THAT ONLY ONE SOURCE IS REASONABLY AVAILABLE. THIS DETERMINATION MUST BE SUPPORTED WITH FULL JUSTIFICATION FOR SOLE SOURCE FROM THE CUSTOMER. WHEN THE CUSTOMER DESCRIBES AN ITEM WITH A PURCHASE DESCRIPTION WHICH LIMITS THE AVAILABILITY TO ONE SOURCE, THE JUSTIFICATION MUST EXPLAIN WHY THE ITEM IS THE ONLY ONE THAT WILL MEET THE GOVERNMENT’S REQUIREMENT. STATEMENTS SUCH AS "ONLY KNOWN SOURCE" OR "ONLY SOURCE WHICH CAN MEET THE REQUIRED DELIVERY DATE" ARE INADEQUATE TO SUPPORT A SOLE SOURCE PURCHASE. Do not use marketing language in this document. Language such as “This company has made its mark,” “This company is recognized as industry’s best,” and “This company is the leader in…” is unacceptable.

PURCHASE REQUEST OR REQUISITION

NUMBER

PROJECT/TASK NUMBER

KATHERINE WALKER

DD FY24 / WI D-038

Doppler Speed Log, Upgrade

ESTIMATED AMOUNT (Over Micro- Purchase Threshold, but up to the SAT)

CITE AUTHORITY & JUSTIFICATION TYPE – READ FAR 6.302 TO DETERMINE APPROPRIATE TYPE

10 U.S.C. § 3204(a)(1)

ONLY ONE RESPONSIBLE SOURCE AND NO OTHER SUPPLIES OR SERVICES WILL SATISFY

AGENCY REQUIREMENTS.

☐ 10 U.S.C. § 3204(a)(2) UNUSUAL AND COMPELLING URGENCY

10 U.S.C. § 3204(a)(3)

INDUSTRIAL MOBILIZATION; ENGINEERING, DEVELOPMENTAL, OR RESEARCH CAPABILITY; OR

EXPERT SERVICES

☐ 10 U.S.C. § 3204(a)(4) INTERNATIONAL AGREEMENT

☐ 10 U.S.C. § 3204(a)(5) AUTHORIZED OR REQUIRED BY STATUTE – MUST PROVIDE IT

☐ 10 U.S.C. § 3204(a)(6) NATIONAL SECURITY

☐ 10 U.S.C. § 3204(a)(7) PUBLIC INTEREST [SECRETARY OF HOMELAND SECURITY NEEDS TO APPROVE THIS DOC]

BRIEF DESCRIPTION OF SUPPLIES OR SERVICES REQUIRED, AND THE INTENDED USE.

Work Item D-038 KATHERINE WALKER DD FY24

3.1.2 Tech Rep. The Contractor must provide the services of a Furuno authorized/ licensed Tech Rep for the DS60 Doppler Speed Log System to accomplish the following on site:

• Provide manufacturer's proprietary system/equipment information, software, and tools.

• Assist with and ensure compliance with manufacturer's procedures and standards during disassembly of the equipment/system, inspection, repair, modification, calibration, reassembly, commissioning services/installation testing, and operation & maintenance training.

UNIQUE CHARACTERISTICS THAT LIMIT AVAILABILITY TO ONLY ONE SOURCE, WITH THE REASON NO OTHER SUPPLIES OR SERVICES CAN BE USED. Furuno Inc. is Original Equipment Manufacturer (OEM) that was awarded the supply contract for the upgraded Doppler Speed Log system, in accordance with the Federal Acquisition Requisition requirements. Furuno Inc is currently the sole source in possession of proprietary data and authorization to install, calibrate, service, and commission the equipment described in this work item.

A DESCRIPTION OF EFFORTS MADE TO ENSURE THAT QUOTATIONS OR OFFERS ARE SOLICITED FROM AS MANY

POTENTIAL SOURCES AS PRACTICABLE (INCLUDE YOUR MARKET RESEARCH EFFORTS HERE).

This requirement will be solicited on SAM.Gov KATHERINE WALKER DD DY24. The drydock package will be an open market, Firm Fixed Price Solicitation. The technical representative requirement associated with Work Item D-041 will be provided by the awardee and approved by the Contracting Officer Representative during the arrival conference.

REASON THAT SUGGESTED SOURCE IS THE ONLY SOURCE WHICH CAN PROVIDE THE SUPPLIES OR SERVICES.

The suggested source is the OEM. Furuno Inc. is the OEM and only known source of certified technical representatives that will complete all aspects of the installation process, and commission the equipment for safe use. The absence of an OEM technical representative on-site could cause significant damage to equipment if installed/programmed incorrectly, may void manufacturer’s warranty. The manufacturing drawing and other intellectual property cannot be distributed to potential third party sources.

EXPLAIN WHY AN ADEQUATE PURCHASE DESCRIPTION OR OTHER INFORMATION SUITABLE TO SOLICIT BY FULL

AND OPEN COMPETITION HAS NOT BEEN DEVELOPED OR ARE NOT AVAILABLE.

The OEM is the legal owner of proprietary information needed for initial installation of this equipment. The USCG doesn’t have access to proprietary information.

https://www.acquisition.gov/far/part-6#FAR_6_302 https://www.govinfo.gov/link/uscode/10/3204 https://www.govinfo.gov/link/uscode/10/3204 https://www.govinfo.gov/link/uscode/10/3204 https://www.govinfo.gov/link/uscode/10/3204 https://www.govinfo.gov/link/uscode/10/3204 https://www.govinfo.gov/link/uscode/10/3204 https://www.govinfo.gov/link/uscode/10/3204

March 8, 2023 Version

PROVIDE A STATEMENT OF ACTIONS, IF ANY, THE GOVERNMENT MAY TAKE TO REMOVE OR OVERCOME ANY

BARRIERS TO COMPETITION BEFORE FUTURE ACQUISITIONS ARE REQUIRED.

USCG will continue to conduct market research; however, without proprietary technical information described above, obtaining full and open competition is not realistic. The Coast Guard cannot require any vendor to release proprietary information

SIGNATURE AND TITLE OF CUSTOMER CODE

TELEPHONE

DATE

SIGNATURE OF CONTRACTING OFFICER

CODE

CPD-2

TELEPHONE

DATE