Attachment 6 - J_A Redacted.pdf

August 2020

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

2123853***018

PROJECT/TASK NUMBER

HENRY BLAKE DD FY23

Work Item D-013, 015, 028

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.

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

To provide the services of a Qualified Technical Representative familiar with the Ulstein model number 1350-H (now Rolls Royce) Z-drive propulsion unit and Cooper drive shaft support bearings, to accomplish the following tasks on site as per HENRY BLACKE DD FY23 specs – WI 13 and 15:

• Advise on manufacturer's proprietary system information.

• Assist with and ensure compliance with manufacturer's procedures and standards

• Technical Representative must be present for all disassembly, inspection, and reassembly of the Z-drive system

To provide the services of a qualified Technical Representative familiar with the Rolls Royce (formerly Bird Johnson) equipment/system, to accomplish the following tasks on site as per HENRY BLAKE DD FY23 specs – WI 28:

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

• Assist with proper repair methods, 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.

Services is required to ensure compliance for work being performed on the project Work Items. The absence of an OEM technical representative on-site could cause significant damage to equipment if reassembly out of calibration. The manufacturing drawing and specifications are proprietary to OEM and have not been purchased by the Coast Guard.

The proposed contractor’s has unique qualifications due to the following:

• Only OEM has the techniques, design specifications, testing, quality assurance capability, and documentation of the work items, equipment. As such, only an authorized/licensed technical representative and qualified to provide the manufacture’s procedures and standards during disassembly, inspection, repair modification, calibration and reassembly of the equipment/systems.

• The Rolls Royce propulsion systems were installed on aboard the vessel as per the manufacturer ship design. Those systems are not commercial of the shelf and OEM have full control over the system documents including drawings.

The contract intent calls for the prime contractor to provide the services of qualified Tech Rep, to perform the work.

Segregating the work is between OEM and another contractor is not cost effective.

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).

The specification package containing these work items may be solicited on open market. The requirements set forth in Work Item 13, 15, 28 may be sourced out by the awardee to meet the requirements of the specification.

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

The OEM, Rolls-Royce Holdings plc is not an American company nor the company propulsion systems subsidiaries, therefore the documents and service to support and maintain the system be originated outside of the United States if the OEM’s facility in the United Stated cannot meet the government needs.

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 entire concept of having a “Technical Representative” is to provide technical oversight for the technicians and be available as the subject matter expert on the equipment being worked on. There are currently no limitations on open market as to “who” can be a subject matter expert and long as they are trained and / or have adequate experience with the equipment.

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

BARRIERS TO COMPETITION BEFORE FUTURE ACQUISITIONS ARE REQUIRED.

The only option would be for government to completely eliminate the Tech Rep requirement and accept the risk to allow general laborers work on the equipment without technical oversight.

SIGNATURE AND TITLE OF CUSTOMER CODE TELEPHONE DATE

SIGNATUR ONE LEVEL ABOVE CONTRACTING OFFICER

CODE TELEPHONE

NUMBER

DATE

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

2123853***018

PROJECT/TASK NUMBER

HENRY BLAKE DD FY23

Work Item O-052, 74

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.

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

The requirement in Work Item 52, of the “Statement Of Work” Crane Winch DCV, Replace requires the Contractor to provide the services of a “Qualified” Technical Representative, who is familiar with the Appleton crane model SB230-42 equipment/system, to accomplish the following on site: Assist with proper repair methods, and ensure compliance with manufacturer’s procedures & standards during disassembly, inspection, repair, modification, calibration, and reassembly of the equipment/ system.

Ensure that the Tech Rep has a résumé of demonstrated experience with the system/equipment stated above.

The requirement in Work Item 74 , of the “Statement Of Work” Directional control Valve Upgrade, the Contractor must provide the services of a Qualified Technical Representative who is familiar with the Directional Control Valve (DCV) and accompanying Rexroth equipment to accomplish the following on site:

• Advise on manufacturer's proprietary system information.

• Assist with installation and repair method(s).

• Ensure compliance with manufacturer's procedures and standards during system disassembly, inspection, and reassembly as applicable.

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

SUPPLIES OR SERVICES CAN BE USED.

The Statement Of Work only requires that the Technical Representative providing oversight be familiar with the Appleton crane model SB230-42 to accomplish the scope of work through experience or technical training. During development of Work Item 52, 74 it was determined to be necessary and cost effective to select Appleton representatives who are able to direct and ensure proper installation, alignment, calibration, and certification of the equipment due to the obsoleteness of this piece of machinery.

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).

The specification package containing these work items may be solicited on open market. The requirements set forth in Work Item 52 may be sourced out by the awardee to meet the requirements of the specification.

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

Certification of successful operation is given by the OEM, Appleton Marine. Certified technical representatives of Appleton are the only source of personnel able to give satisfactory certification.

The entire concept of having a “Technical Representative” is to provide technical oversight for the technicians and be available as the subject matter expert on the equipment being worked on. There are currently no limitations on open market as to “who” can be a subject matter expert and long as they are trained and / or have adequate experience with the equipment.

The only option would be for government to completely eliminate the Tech Rep requirement and accept the risk to allow general laborers work on the equipment without technical oversight.

April 2019

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

2123853***018

PROJECT/TASK NUMBER

HENRY BLAKE DD FY23

Work Item D-053

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-053).

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

The requirement in Work Item D-053 CGC HENRY BLAKE 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.

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, cal bration, 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.

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.

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.

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

2123853***018

PROJECT/TASK NUMBER

HENRY BLAKE DD FY23

Work Item D-079

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-079).

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

The requirement in Work Item D-079 CGC HENRY BLAKE of the Statement Of Work Doppler Speed Log, Upgrade requires the Contractor to provide the services of a Furuno authorized/ licensed Tech Rep for 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.

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, cal bration, 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 Furuno 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 a Furuno technical representative on-site could cause significant damage to equipment if reassembled out of calibration. The manufacturing drawing and specifications are proprietary to Furuno and have not been purchased by the Coast Guard.

The replacement Doppler Speed Log 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 on 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 system not to operate safely. Any failure of substituted parts may result in substantial environmental damage and impact crew safety.

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.