Attachment 7 RR005 Fair Opportunity Exception Brand Name.pdf

PR: 2125405B4200RR005

Control Unit Head Repair

Last Updated 01/06/25 1

Justification for an Exception to Fair Opportunity

Brand Name FAR 16.505(a)(4)

1. Agency and contracting activity.

The Department of Homeland Security (DHS), United States Coast Guard (USCG), Command, Control, Communications, Computers, Cyber, and Intelligence Service Center (C5ISC), Contracting and Procurement, Kearneysville Division (CG 9142) located at 408 Coast Guard

Drive, Kearneysville, WV 25430 prepared this justification for an exception to fair opportunity.

2. Nature and/or description of the action being approved.

The USCG intends to award a task order (TO) for the open, inspection, reporting and repair of brand name L3 Harris Control Head Units, pursuant to FAR 16.505 (a)(4)(i), restricting consideration to an item peculiar to one manufacturer. This brand name requirement will result in a Firm-Fixed Price (FFP) TO issued amongst authorized L3 Harris service resellers on the

DHS strategic sourcing vehicle Tactical Communications Equipment and Services II (TacCom

II), Technical Category 2 - Services.

3. Description of Services [delete Supplies or Services if one of them does not apply].

The USCG uses L3 Harris Remote Control Units (Heads), National Stock Number (NSN): 5895-

01-633-0610 in current fleet operations. The remote capability of these units is essential due to the current configurations on various platforms and it allows the ability to provide a centralized point of communications to conduct operations afloat and ashore. The repair of these units must be provided by an authorized L3 Harris repair technician with L3 Harris branded parts to return the units to full functionality.

The total estimated price for repairs of the L3 Harris Remote Control Units (Heads), inclusive of open, inspection, report and repairs is $ . The period of performance will be date of award – one year.

Quantity Part Number Description

52 12099-1200-01

Alt. P/N: CH100

L3 Harris Remote Control Unit (Head)

NSN: 5895-01-633-0610

Model #XMCP9R

52 Shipping

4. Identify the exception to fair opportunity and supporting rationale.

Justification for Brand Name Exception to Fair Opportunity –

The statutory authority permitting exception to fair opportunity is FAR 16.505(b)(2)(i)(B): Only one awardee is capable of providing the supplies required at the level of quality required because

Last Updated 01/06/25 2 the supplies ordered are unique or highly specialized. This requirement will be procuring items peculiar to one manufacturer on a brand name basis in accordance with FAR 16.505(a)(4)(i).

The USCG has a requirement for the open, inspection, report and repairs of L3 Harris Remote

Control Units (Heads) and requires L3 Harris authorized technicians to perform the repairs and for L3 Harris branded parts to bring the units to full functionality. L3 Harris authorized technicians and parts must be used because the item is proprietary in nature and provides remote touchscreen capability with L3Harris marine/land based radio systems the item supports. The proprietary technical information and schematics from L3Harris prevents any alternative technicians from performing these repairs. Without a L3Harris authorized repair, the USCG is at risk of not being able to conduct search and rescue operations, enforcement of the waterways, and Migrant interdiction.

5. Determination by the contracting officer that the anticipated cost to the Government will be fair and reasonable.

The Contracting Officer determines that the anticipated cost will be fair and reasonable based on adequate price competition between two or more responsible offerors. There are multiple authorized L3 Harris technicians available on the DHS strategic sourcing vehicle TacCom II which will ensure adequate competition. The Contracting Officer will also perform a price analysis to determine that the price at the time of award represents the overall best value for the

Government and is consistent with the DHS strategic sourcing vehicle TacCom II terms.

6. 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 branded products are proprietary and are currently used by the USCG. The availability of multiple vendors that can provide authorized brand name L3 Harris inspections and repairs on the DHS strategic sourcing vehicle TacCom II ensures competition among authorized resellers for L3 Harris products. The USCG will continue to ensure competition through the use of an appropriate vehicle.

7. 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.

8. Technical/Requirements Personnel Certification.

Last Updated 01/06/25 3

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.

9. A written determination by the approving official that one of the circumstances in paragraphs FAR 16.505 (b)(2)(1)(A) through (E) applies to the order.

I have reviewed this Justification for an Exception to Fair Opportunity and find it to be.

accurate and complete to the best of my knowledge and belief.