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

2023068-GN01

PROJECT/TASK

NUMBER

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

$31,468.00

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 item 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.

Initial Quantity Optional Quantity National Stock Number (NSN) Part Number (PN) Nomenclature

Two (2) each Up to two (2) each 4940-01-603-6802 0840490013 Engine Compressor Washer

The Engine Compressor Washer is an aircraft flight-line portable cleaning unit designed to spray either cleaning solution and/or clean fresh water into jet and turboprop engines.

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

SERVICES CAN BE USED.

The Engine Compressor Washer is specified for use by the Naval Air Systems Command (NAVAIR) 01-1A-

509-4, Technical Manual (TM) 1-1500-344-23-4, Cleaning and Corrosion Control: Volume IV, Consumable

Materials and Equipment for Aircraft and Avionics.

The Engine Compressor Washer to be purchased under this acquisition is specialized aeronautical ground support equipment (GSE) that has been designed and manufactured by Tronair, Inc (Cage Code 59603). As the

OEM, Tronair owns all rights to the technical data, specifications, and drawings required for the manufacture of this equipment. 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. Several authorized 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 capability statement, proposal, or quotation which shall be considered by the agency.

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

Tronair is the OEM and owns all rights to the technical data, specifications, and drawings required to manufacture these items. Tronair has not licensed the rights to the technical data required to manufacture these items so there are no other sources capable of its 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 item to be purchased is complex and must meet critical operational and reliability requirements, the achievement of which require unique production techniques and extensive and/or sophisticated testing. The

Government does not own or possess any rights to the technical data, specifications, and drawings required to manufacture this item and it has been determined that it is uneconomical to purchase these rights In addition, the Government has not developed the technical data required to manufacture this part and has no plans to do so.

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

Steve Durhamxxxxxxxxxxxxxxxxxxx

Item Manager – ESD, PLBxxxxxxxx

(252) 335-6571

12 April 2023

SIGNATURE OF CONTRACTING OFFICER CODE TELEPHONE NUMBER

DATE

xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx

Kathrine R. Leachxxxxxxxxxxxxxxx

Contracting Officer – ESD/IODxxx

(252) 335-6834

12 April 2023