Attachment 6 - ABBIE BURGESS DD FY21 JAs_Redacted.pdf

LIMITED SOURCE JUSTIFICATION

For Certain Commercial Items for Procurements Exceeding the Simplified Acquisition Threshold pursuant to FAR Subpart 13.5. (Limited Source Solicitation)

Solicitation Number 70Z08521QP4505500

Pursuant to the authority of 41 U.S.C. 1901 as implemented by Federal Acquisition Regulation (FAR) Subpart 13.501 and consistent with the content requirements of FAR 6.303-2, the following facts and rationale support this justification.

1. Agency and Contracting Activity.

The Department of Homeland Security (DHS), U.S. Coast Guard (USCG) Surface Forces Logistics Center (SFLC), Contract Procurement Division (CPD) Branch 2, Icebreaker, Buoy and Construction Tender Product Line (IBCTPL) located at 1301 Clay Street, Suite 800-N, Oakland, CA 94612.

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

It is the Coast Guard’s intention to award a Firm Fixed Price contract for open market bidding and that the awardee shall provide the services of a NACE level 3 certified coatings tech rep to specifically oversee (Work Item 045, “Bilges Preserve”) and Work Items 003 through 006 to ensure that all requirements for critical surface preparation and the application of specified coating products are strictly adhered to.

(a) Base Work Item 045 estimated total value. :

(b) Optional Work Items 003 – 006 Estimated total value

Period Unit Price Total

BASE WORK ITEM

Unit

Extended

WI 45 “Bilge Preservation $

OPTIONAL WORK ITEMS

WI 003 “U/W Body, Preserve (100%) $

WI 004 “U/W Body, Preserve (Partial - Condition A)”

WI 005 “U/W Body, Preserve (Partial - Condition B)”

WI 006 “U/W Body, Preserve (Partial - Condition C)”

Total base Work Items

Total Option Work Items

Total Base & Optional WIs

(e) Type of funding: Contract will use annual AFC-45 Naval Engineering funds.

(f) Year of funding: Fiscal Year 2021

(g) Solicitation number: 70Z08521QP4505500

3. Description of Supplies/Services.

This acquisition is for maintenance and support services for the USCGC ABBIE BURGESS.

The USCGC ABBIE BURGESS (WLM-553) is a multi-purpose vessel that can perform the heavy icebreaking mission as well as servicing the short-range aids to navigation, search and rescue, marine environmental response, and enforcement of laws and treaties of the United States.

This requirement for NACE Level 3 technical representative to be present during removal of the existing “failed” coating system; cleaning of the bare substrate, ensuring the correct anchor profile is in accordance with SSPC standards and in accordance with the provided specifications.

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 Subpart 13.5, Simplified Procedures for Certain Commercial Items.

5. Identification of Exception to the Buy American Act.

The USCG has not identified any exception to the Buy American Act.

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

41 U.S.C. 1901, as implemented by FAR Subpart 13.5, Simplified Procedures for Certain Commercial Items.

This is a special certification requirement for the technical representative to ensure that the tech rep has been properly trained and is able to ensure that the coating system will not fail again. This Work Item was created due to the premature failure of the bilge preservation system that was installed during the Cutter’s previous drydock cycle.

Since the bilge’s preservation systems are considered “Critical Coated” systems, due to the expense to recoat them, NACE level 3 coatings experts are needed to ensure the systems are long lasting.

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

Potential Sources as is Practicable.

In an effort to promote full and open competition and solicit as many potential vendors as possible, a sources sought notice was posted on September 10, 2020 on the beta.SAM.gov Contract Opportunities website. This notification informed industry of the capabilities within ten (10) calendar days of the posting date.

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 price(s) will be fair and reasonable based on adequate competition from available drydock facilities. The Contracting Officer will also utilize historical prices paid and compare to the Independent Government Estimate. Price analysis will be performed to ensure fair and reasonable prices are obtained.

9. Description of Market Research.

In accordance with FAR 10.001 (a)(2), market research was conducted by the Contracting Officer and Availability Project Manager to identify companies capable of performing these supplies. All of the commercial companies that express interest will have the opportunity to hire / subcontract the required tech rep from several commercial sources.

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

Limited source competition is available to those companies that can provide tech reps who possess the required certifications.

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

None have responded to the Sources Sought solicitation as of 09/13/2020

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.

The USCG has made successful efforts to obtain NACE level 3 certified tech reps in the past as there are several commercial sources available and do not anticipate that the awardee will experience difficulty in providing a commercial vender to fulfill the requirement.

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.

Name Date Contracting Officer

14. Technical/Requirements Personnel Certification.

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

Name Date Technical Representative/COR

APPROVAL:

Final approver if not exceeding $700K Date Name Contracting Officer

10/16/2020

April 2019

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.

PURCHASE REQUEST OR REQUISITION

NUMBER

2121851P45055

PROJECT/TASK

NUMBER: ABBIE

BURGESS DD FY21

WI: D-040

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

IDENTIFICATION OF THE AGENCY AND THE CONTRACTING OFFICE, AND SPECIFIC

IDENTIFICATION OF THE DOCUMENT AS A “JUSTIFICATION FOR OTHER THAN FULL

AND OPEN COMPETITION.” PLEASE CITE THE AUTHORITY AND TYPE OF

JUSTIFICATION.

The Department of Homeland Security, U.S. Coast Guard, Surface Forces Logistics Center (SFLC) Icebreaker, Buoy & Construction Tender Product Line (IBCTPL), proposes to enter into a contract on a basis of other than full and open competition for the subject work item/s 048

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

The requirement in Work Items 048 of the “Statement Of Work” Crane Winch DCV Replace requires the Contractor to provide the services of an Appleton Marine authorized/ licensed Tech Rep for the Crane model SB230-42 to accomplish the following on site: Provide manufacturer’s proprietary system / equipment information, software and tools and assist with and ensure compliance with manufacturer’s procedures and standards during disassembly, inspection, repair, modification, calibration, and reassembly of the equipment / system.

UNIQUE CHARACTERISTICS THAT LIMIT AVAILABILITY TO ONLY ONE SOURCE, WITH

THE REASON NO OTHER SUPPLIES OR SERVICES CAN BE USED.

In accordance with FAR 6.302-1, only one responsible source & no other supplies / services will satisfy agency requirements. Only the OEM manufacturer has the techniques, propitiatory design specifications, testing, quality assurance capability and documentation for the equipment associated with this work item. As such, only an authorized / licensed technical representative is qualified to provide the manufacture’s procedures and standards during disassembly, inspection, repair, installation, and / or calibration of the equipment and associated system.

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 work item is part of a larger specification package that will be solicited on open market without restricting any potential offerors. This Work Item only requires that the Contract Awardee is responsible to retain the services of a certified Appleton Tech Rep prior to proceeding with the work item.

Tech Rep oversight is a requirement of the agency and is not subject to change at this time. The OEM Appleton Marine ® will not commission the equipment and will not be held responsible for any failures or damage to the equipment or injury to personnel if technical OEM oversight is not provided to install and calibrate this equipment.

REASON THAT SUGGESTED SOURCE IS THE ONLY SOURCE WHICH CAN PROVIDE THE

SUPPLIES OR SERVICES.

Proprietary technical drawings and intellectual property and Commissioning of the equipment is required to make the modifications to the equipment safe and operational.

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 equipment on the WLM-175 fleet is under strict configuration management rules, approved for use during the design phase for these Cutters. Configuration changes can only be approved through the Time Compliant Technical Order process. Due to these rules, unapproved substitutes are prohibited.

The configured system described within Work Item D-020 was manufactured by Appleton Marine ® as well as the approved equipment provided in this TCTO (as Government Furnished Equipment) was designed by Appleton Marine ®

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

BARRIERS TO COMPETITION BEFORE FUTURE ACQUISITIONS ARE REQUIRED.

None at this time

SIGNATU

LCDR F

CODE

SFLC-IBCT-

PDM-APM1

TELEPHONE

NUMBER

DATE

09/29/2020

SIGNATURE OF CONTRACTING OFFICER

CODE TELEPHONE

DATE

SIGNATURE ONE LEVEL ABOVE CONTRACTING OFFICER CODE TELEPHONE

NUMBER

DATE

10-17-2020

SAME AS ABOVE

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.

PURCHASE REQUEST OR REQUISITION

2121851P45055

PROJECT/TASK NUMBER

WI 041 “Oily Water Separator, Replace”

CGC ABBIE

BURGESS

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

IDENTIFICATION OF THE AGENCY AND THE CONTRACTING OFFICE, AND SPECIFIC IDENTIFICATION OF THE DOCUMENT AS A “JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION.” PLEASE CITE THE

AUTHORITY AND TYPE OF JUSTIFICATION. The Department of Homeland Security, U. S. Coast Guard, Surface Forces Logistics Center (SFLC) Icebreaker, Buoy and Construction Tender Product Line (IBCTPL), proposes to enter into a contract on a basis other than full and open competition for the subject work item (WI D-021).

BRIEF DESCRIPTION OF SUPPLIES OR SERVICES REQUIRED, AND THE INTENDED USE. The requirement in Work Item D-021 CGC ABBIE BURGESS of the Statement Of Work” (Oily Water Separator, Replace) requires the Contractor to provide the services of an OEM authorized/ licensed Tech Rep for the Boss Model 2.2T-107 YM oil water separator (OWS) 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, inspection, repair, modification, calibration, and reassembly of the equipment/system.

UNIQUE CHARACTERISTICS THAT LIMIT AVAILABILITY TO ONLY ONE SOURCE, WITH THE REASON NO OTHER

SUPPLIES OR SERVICES CAN BE USED. In accordance with FAR 6.302-1 Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements, only the OEM manufacturer has the techniques, design specifications, testing, quality assurance capability, and documentation for the work items, and equipment. As such, only an authorized/ licensed technical representative is qualified to provide the manufacturer's procedures and standards during disassembly, inspection, repair, modification, calibration, and reassembly of the equipment/system.

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). While other systems and parts may exist within the commercial marketplace, these systems were selected for installation on the 175’ WLM Cutters. Much of the technical information is proprietary to the OEM and unavailable for the Government to evaluate alternate technical representatives and parts. Replacing the existing equipment with equipment that can be sustained, commissioned or properly calibrated will have to be done to achieve this goal.

Additionally, DHS intends to make this justification publically available along with the solicitation pursuant to FAR 6.305 on Contract Opportunities (formerly FedBizOpps).

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

. The OEM is the only known source of the required technical representative services to ensure compliance of work being performed on the project WI. The absence of an OEM technical representative on-site could cause significant damage to equipment if reassembled out of calibration.

The manufacturing drawing and specifications are proprietary to OEM and have not been purchased by the Coast Guard.

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 replacement Oily Water Separator must conform to design, materials, and operational requirements. The listed item is part of an approved Time Compliance Technical Order (TCTO) configuration currently being installed in the engine room of 175’ WLM Coastal Buoy Tenders. Any attempt to install new units other than the listed item/s without proprietary information and technical data could cause the separator system not to operate safely. Any failure of substituted parts may result in substantial environmental damage and impact crew safety.

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.

SIGNA

LCDR

CODE

PDM-APM1

TELEPHONE

9/29/2020

SIGNATURE OF CONTRACTING OFFICER

SIGNATUR ONE LEVEL ABOVE CONTRACTING OFFICER

IBCT-CPD-2 10/16/2020