Attachment III - Brand Name Justification for Other Than Full and Open Competition.pdf

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Attached to
Purchase of Aqua Lung Survival Egress Air (SEA) System Valves and Cylinders
Solicitation number
70Z03825QE0000070
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About this file

This document is a U.S. Coast Guard Justification for Other Than Full and Open Competition for Simplified Acquisition Procedures. The Coast Guard Aviation Logistics Center is seeking to purchase two specific items from Aqua Lung USA, Inc.: 40 SEAS-1 Valves with 27" Hose (Part Number 108465) and 200 SEA 1.5 CF Cylinders (Part Number 079105). These are critical safety and survival items for Coast Guard Rescue Swimmer Crewmen, used as a personal emergency air source during life-saving missions.

The justification is based on a brand name sole source procurement, as these highly specialized apparatuses are designed and manufactured exclusively by Aqua Lung. The government does not own the technical data rights and has determined it would be uneconomical to purchase or develop these rights. The contracting officer will determine a fair and reasonable price through market research, comparison with previous purchases, and comparison with similar items in related industries. The procurement will be a firm-fixed price purchase order with traceability to the original equipment manufacturer.

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U.S. COAST GUARD JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

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

AUTHORITY

□ 13.106-1(b)(1)

C8:J FAR 5.102(a)(6). fAB..

.!1.:1.Q§, FAR 13.106-1

1llill

JUSTIFICATION TYPE

ONLY ONE SOURCE REASONABLY AVAILABLE (e.g., urgency, exclusive licensing agreements, or industrial mobilization).

BRAND NAME - Items peculiar to one manufacturer: The particular brand name, product, or feature is essential to the Government's requirements, and market research indicates other companies' similar products, or products lacking the particular feature do not meet or cannot be modified to meet the a enc 's needs.

BRIEF DESCRIPTION OF SUPPLIES OR SERVICES REQUIRED AND THE INTENDED USE:

The United States Coast Guard (USCG), Aviation Logistics Center (ALC), Enginee1ing Se1vices Division (ESD), anticipates the award of a firm-fixed price purchase order on a brand name basis with traceability to the Original Equipment Manufacturer (OEM) Aqua Lung USA, Inc. This justification for other than full and open competition is submitted for approval in accordance with (IA W) Federal Acquisition Regulation (FAR) 6.303-1 (a) using the authority in FAR 6.302-1 (b)

- only one responsible source and no other supplies or se1vices will satisfy the agency's requirements. ESD requires the items listed below.

Line Nomenclature/Description Quantity Part Number

Item (QTY) (PN) 1 SEAS-1 Valve with 27" Hose 40 each 108465

2 SEA 1.5 CF Cylinder 200 each 079105

These apparatuses are C1itical Safety/Smvival items for the Coast Guard Rescue Swimmer Crewman as a pa1t of the Smvival Vests utilized by USCG personnel and are used as a personal emergency air source when completing life-saving rescue Inissions.

SUGGESTED SOURCE NAME, ADDRESS, & UNIQUE ENTITY IDENTIFIER (UEI):

AQUA LUNG USA, INC.

ATTN: BRYAN HUFFMAN

8880 NW 20TH ST, STE J

Miaini, FL 33172-2636

UEI: LM39XJL9HCB08

RATIONALE FOR JUSTIFICATION TYPE SELECTED ABOVE TO INCLUDE RELEVANT INFORMATION

GAINED THROUGH YOUR MARKET RESEARCH TO SUPPORT THE JUSTIFICATION TYPE:

The SEAS-I Valves and SEA 1.5 CF Cylinder are highly specialized and have been designed and manufactured by Aqua Lung, USA. As the OEM, Aqua Lung owns all rights to the technical data, specifications, and drawings required for their manufactme. The rights to the technical data necessaiy to acquire these items from somces other than the OEM or an OEM approved somce are not owned by the Government, and it has been dete1mined that it is uneconoinical to pmchase these rights. The item to be purchased must meet critical safety, dmability, and reliability requirements, the achievement of which require extensive and/or sophisticated testing. The Government does not own or possess any rights to the relevant technical data, specifications, and drawings required to develop an adequate pmchase desc1iption. In addition, the Government has not developed the technical data required to reverse engineer these items and has no plans to do so. It has been dete1mined that it would be uneconomical for the Government to either pmchase the data 1ights or to develop the technical data necessa1y to develo an ade uate mchase descri tion for the manufactme of these items.

Last Updated 11/01/24

Attachment III

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