Brand Name Justification and Approval for Other Than Full and Open Competition.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. Do not use marketing language in this document. Language such as “This company has made its mark,” “This company is recognized as industry’s best,” and “This company is the leader in…” is unacceptable.

PURCHASE REQUEST OR REQUISITION NUMBER

2022307-EE01

PROJECT/TASK

NUMBER

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

$27,137.00

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 United States Coast Guard (USCG), Aviation Logistics Center (ALC), Engineering Services Division (ESD) anticipates the award of a firm-fixed price purchase order on a brand name basis. This justification for other than full and open competition is submitted for approval in accordance with (IAW) Federal Acquisition Regulation (FAR)

6.303-1(a) using the authority in FAR 6.302-1(c) – only one responsible source and no other supplies or services will satisfy agency requirements.

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

ESD intends to purchase the items shown in the table below on a brand-name basis and require that vendors provide traceability to the Original Equipment Manufacturer (OEM) if they are not the OEM or an authorized distributor of the

OEM. Any resultant order will include FAR clause 52.217-6 for the possible purchase of additional quantities as specified.

Line Item

Nomenclature

National Stock Number (NSN)

Part Number (PN)

Initial Quantity

Optional Quantity

1 Desiccant Cartridge 380HD 6640-01-HS3-4228 TA340-RC-1031 100 each up to 100 each

2 Desiccant Valve 380HD 4810-01-623-1598 TA340-RC-1031-1 50 each up to 80 each

These custom, expendable desiccant cartridges and valves are used in the electro-optical/infra-red (EO/IR) imaging systems installed on USCG aircraft in order to protect from moisture and corrosion. All USCG aircraft are equipped with either the Star SAFIRE® III multi-mission EO/IR surveillance sensor or the Star SAFIRE® 380HD III imaging system. Both Star SAFIRE® systems were designed and manufactured by FLIR Systems, Inc. and require the use of these specific desiccant cartridges and valves. As USCG aircraft operate in a variety of challenging weather conditions, these items must be regularly inspected and replaced when they have absorbed overly much moisture.

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

SERVICES CAN BE USED.

The original equipment manufacturer (OEM) of the Desiccant Cartridges and Valves used in the Star SAFIRE® systems is AGM Container Controls, Inc. (CAGE Code: 08992), hereinafter referred to as AGM. FLIR Systems designed the Star SAFIRE® EO/IR imaging systems to use these specific items and no other desiccant products are compatible for use. As the OEM of the only suitable desiccant cartridge and valve, AGM owns all rights to the technical data, specifications, and drawings required for their manufacture. The rights to the technical data necessary in order to acquire these items from sources other than the OEM or an OEM approved source are not owned by the

Government and it has been determined that it is uneconomical to purchase these rights.

August 2020

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).

Extensive market research was conducted using both Government and commercial sources. This included querying the following information systems and web sites: Defense Logistics Agency (DLA) Federal Logistics Information Service

(WebFLIS); Department of Defense Electronic Mall (DoD EMall); General Services Administration (GSA) Advantage online purchasing service; Inventory Locator Service e-marketplace (ILSmart); internet search engines; and the OEM’s web site. These items are not available from any required or optional source of supply IAW FAR 8.002. AGM sells directly to the Government and also through several distributors. A combined synopsis/solicitation will be posted to the

Contract Opportunities web site at www.sam.gov IAW FAR 5.101(a)(1). All responsible sources may submit a quotation which shall be considered by the agency.

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

As the OEM, AGM owns the rights to the technical data, specifications, and drawings required to manufacture these items. AGM has not licensed the rights to the technical data required to manufacture these items so there are no other sources capable of their manufacture.

The USCG is conducting a brand-name acquisition. Any offeror that is able to provide the brand name item and part number including the ability to submit documentation showing clear traceability to the OEM or to demonstrate that they are a distributor officially authorized by the OEM will be considered for award.

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 Government does not own or possess any rights to the relevant technical data, specifications, and drawings required to develop an adequate purchase description. In addition, the Government has not developed the technical data required to reverse engineer these parts and has no plans to do so. It has been determined that it would be uneconomical for the Government to either purchase the data rights or to develop the technical data necessary to develop an adequate purchase description for the manufacture of these parts.

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

COMPETITION BEFORE FUTURE ACQUISITIONS ARE REQUIRED.

As previously stated, the Government does not own or possess any rights to the technical data, specifications, and drawings required to manufacture these items which has prevented the USCG from being able to provide an adequate technical description to potential new sources. Therefore, it is difficult to take steps to foster competition when the manufacturing, performance, and acceptance data are proprietary to the OEM.

SIGNATURE AND TITLE OF CUSTOMER CODE TELEPHONE NUMBER DATE

XXXXXXXXXXXXXXXXXXXXXXXXXX

Bernard H. RuettenXXXXXXXX

Inventory Manager, ESDXXXX

(252) 384-7246

11/14/2022

SIGNATURE OF CONTRACTING OFFICER CODE TELEPHONE NUMBER

DATE

XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX

Gary S. WoolardXXXXXXXXXXXXXXXX

Supervisory Contracting Officer

(252) 335-6895

11/15/2022 http://www.sam.gov/