Attachment 6 - JA.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: 70Z03823QS0000003

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 13.5 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 a Requirements 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 July 1, 2023-June 30, 2024

Option Period One July 1, 2024-June 30, 2025 Option Period Two July 1, 2025-June 30, 2026 Option Period Three July 1, 2026-June 30, 2027 Option Period Four July 1, 2027-June 30, 2028

TOTAL ESTIMATED VALUE

(e) Type of funding:

Operations and Support funds

(f) Year of funding: Fiscal Year

Fiscal Year 2023

(g) Solicitation number:

70Z03823QS0000003

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

(h) Background information about the requirement:

There are no current Airborne Executive Phone-Enhanced (AEP) services, as they are still covered under the warranty of the initial purchase. At the time of initial purchase, the USCG did not purchase any of the technical data rights to the system. L3 Harris maintains all proprietary data and has no authorized distributors to perform the required support.

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 updates will be on two (2) USCG owned Case laptops that are currently at L3 Harris for testing.

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 6.302-1 (b)(1)(ii) entitled “Only one responsible source and no other supplies or services will satisfy agency requirements.”

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 Manufacture (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 April 14, 2023 (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 the required sustainment report.

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 2.207(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 analyses utilizing a combination of price analysis to include:

comparison of the proposed prices paid for the same or similar items 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 October 2022 through April 2023 by performing internet searches on the General Services Administrative (GSA) website, viewing 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 and 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 20, 2023. 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.

L3 Harris is only source that expressed in writing an interest to RFI.

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.

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

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.

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.

Technical Representative/COR

15. Approval

Chief of the Contracting Office (COCO) ALC

Command Procuring Activity Competition Advocate (CPACA)