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.

PURCHASE REQUEST OR REQUISITION NUMBER

2022298-DS01

PROJECT/TASK

NUMBER

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

$236,356.05

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

Description

Part Number (PN)

Quantity Optional Quantity

1 SAR Warrior Flotation Collar Assembly AMTC-R1026-BL 59 each 42 each

2 SAR Warrior Crewman Vest AMTC-V1012-BL 74 each 46 each

3 SAR Warrior Training Flotation Collar Casing AMTC-R1047-TRN 44 each 21 each

4 SAR Warrior Bladder Assembly ATTC-R1027 56 each 40 each

All of these items are part of the Aviation Life Support Equipment (ALSE) used by aircrew on all

USCG aircraft. Line Item 1, 3, and 4 are part of the USCG’s aircrew survival vest under Line 2. The flotation bladder is an inflatable pouch that is inserted into the flotation collar casing. When inflated, these items provide buoyancy to the survival vests.

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

SUPPLIES OR SERVICES CAN BE USED.

The items to be procured under this acquisition are highly specialized parts which have been designed and manufactured by Aerial Machine and Tool Corporation, doing business as Capewell Aerial

Systems (CAGE Code: 70133), hereinafter referred to as Capewell. As the OEM of these items, Capewell 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.

These items are approved by the USCG’s Aircraft Configuration Control Board (ACCB) for use by all aircrew on board USCG aircraft. Approved equipment is standardized and maintained IAW

Commandant Instruction Manual COMDTINST M13520.1(series), Aviation Life Support Equipment

(ALSE) Manual.

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 (FLIS); Department of Defense Electronic Mall (DoD EMall);

the General Services Administration’s (GSA) on-line purchasing service – GSA Advantage!®;

Inventory Locator Service e-marketplace (ILSmart); internet search engines; and the OEM’s web site.

This item is not available from any mandatory Government source IAW FAR 8.002 or from any non-mandatory sources IAW 8.004. Several commercial distributors were identified in addition to the

OEM. IAW FAR 5.101(a)(1), a combined synopsis/solicitation will be posted to the Governmentwide

Point of Entry (GPE), the Contract Opportunities section of the web site at www.sam.gov. 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, Capewell owns the rights to the technical data, specifications, and drawings required to manufacture these items. Capewell 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 items to be purchased are complex and must meet critical reliability requirements, the achievement of which require extensive and sophisticated testing. The Government does not own or possess any rights to the relevant technical data, specifications, and drawings required to develop an adequate purchase description including quality assurance requirements. 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 this item 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

xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx

Dana M. Simpsonxxxxxxxxxxxxxxxx

Inventory Management Specialist

(252) 334-5008 xxxxxxxxx

SIGNATURE OF CONTRACTING OFFICER CODE TELEPHONE NUMBER DATE

xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx

Kathrine R. Leachxxxxxxxxxxxxxxxxx

Contracting Officer – ESD/IODxxxxx

(252) 335-6834 xxxxxxxxx http://www.sam.gov/