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

2022299-IM01

PROJECT/TASK

NUMBER

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

$33,724.15

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), Industrial Operations Division (IOD) 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.

The USCG 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.

Line Item Description Part Number (PN) Quantity

1 20”X20”X12” XFP-6000 6 PKT BAG 20X20X12XFP 240 each

2 24”X24”X12” XFP-6000 6 PKT BAG 24X24X12XFP 240 each

3 MEPT PANEL FILTER (20x20) 20X20ME/PTPNL 240 each

4 MEPT PANEL FILTER (24x24) 24X24ME/PTPNL 240 each

5 SFR PANEL FILTER 24X24SFRPNL 325 each

6 CPA MEDIA ROLL (120”X50’) 120X50CPARL 25 each

7 CPA MEDIA BLANKET (96”X250”) 96X250CPABLT 25 each

These items are various-sized filters used in IOD’s paint booths. These filters require regular replacement and must meet stringent technical specifications and quality standards due to the carcinogenic nature of certain ingredients (e.g., hexavalent chromium, strontium chromate) used in aircraft coatings.

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

SUPPLIES OR SERVICES CAN BE USED.

To protect worker safety, these filters must meet the following specifications:

• Filters have the correct dimensions and fit as to be capable of securely fitting into the paint booth filtration system.

• Filters are triple-stage aerospace for use with aerospace coatings.

• Filters exceed the Environmental Protection Agency’s (EPA) National Emission Standards for Hazardous

Air Pollutants (NESHAP) based on Method 319 testing. This must be proven by EPA Method 319 test summaries demonstrating efficiencies for: Liquid Challenge, Solid Challenge and Pressure Drop (in inches of water) for each stage of filtration (from 50 fpm to 200 fpm, in 50 fpm increments).

• Filters must have a demonstrated paint arrestance efficiency of filtration system of 99.97% or better for chromate-containing coatings. The Base Elizabeth City Synthetic Minor Air Permit limit for bioavailable chromium pigment (hexavalent chromium used in aircraft primer) emission is 0.0056 lb/year.

A.J. Dralle Inc. (CAGE 1MNC2), doing business as A.J. Dralle Filters, is the original equipment manufacturer

(OEM) of the only filters currently on the market that complies with all of the preceding specifications. As the

OEM of these filters, A.J. Dralle 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 filters 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.

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.

A combined synopsis/solicitation will be posted to Contract Opportunities 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, A.J. Dralle owns the rights to the technical data, specifications, and drawings required to manufacture these items. A.J. Dralle 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 filters 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 filters.

http://www.sam.gov/

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

BARRIERS TO COMPETITION BEFORE FUTURE ACQUISITIONS ARE REQUIRED.

There are a limited number of responsible manufacturers of filters for aerospace coatings. While no company other than A.J. Dralle currently manufacture filters meeting the USCG’s requirements, these requirements are publicly available and may be used by any company to design, manufacture, and test compliant filters. The

USCG will continue to monitor the commercial marketplace and conduct market research for the availability of new filter designs and their capabilities in order to determine if any new products are capable of meeting the required technical characteristics.

SIGNATURE AND TITLE OF CUSTOMER CODE TELEPHONE NUMBER DATE

xxxxxxxxxxxxxxxxxxxxxxxxxxxxx

Peter W. Murrayxxxxxxxxxxxxxxxxx

Inventory Management Specialistx

(252) 334-5194 xxxxxxxxxxxx

SIGNATURE OF CONTRACTING OFFICER CODE TELEPHONE NUMBER

DATE

xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx

Kathrine R. Leachxxxxxxxxxxxxxxxxx

Contracting Officer – ESD/IODxxxxx

(252) 335-6834 xxxxxxxxxxxx