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)

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

2023052-EE01

PROJECT/TASK NUMBER

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

$235,500.00

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), Engineering Support Branch (ESB) 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. E

Nomenclature

National Stock Number (NSN)

Part Number (PN)

Quantity

UHF Satcom GPS Antenna 5985-01-597-0009 S65-8282-186 12 each

This ultra high frequency (UHF) satellite communications antenna provides simultaneous access to the following navigations systems: high angle UHF Satcom, low angle UHF, L1 GPS, L2 GPS, and Iridium tracking capabilities.

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

CAN BE USED.

The item to be purchased under this acquisition is highly specialized and has been specifically designed and manufactured by Sensor System Inc. (Cage Code 13691). As the OEM, Sensor Systems owns all rights to the technical data, specifications, and drawings required to manufacture these items. The rights to the technical data necessary in order to acquire these items from sources other than the OEM are not owned by the Government and it has been determined that it is uneconomical to purchase these rights.

This specific antenna is part of a Department of Defense (DoD) mandate to integrate Mobile User Objective System

(MUOS) communication into all USCG aircraft. This integration effort maintains interoperability with DoD and other government agencies while providing USCG aircraft with greater mobility, higher bit rates, and improved operational availability. MUOS provides increased communications capabilities to newer, smaller terminals while still supporting and working with legacy terminals.

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 type of antenna for the use of UHF/Satcom, GPS (L1 and L2) and Iridium are not available from any mandatory Government source IAW FAR 8.002 or from any non-mandatory sources IAW 8.004.

It is unclear whether Sensor Systems does direct sales, but the item is available from an authorized reseller as well as other retail 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, 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 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

Xxxxxxxxxxxxxxxxxxxxxxxxxxx X

CWO Chan P. Phungxxxxxxxxxxx

ESD/ESB/COMMSxxxxxxxxxxxx xxx

CODE

TELEPHONE NUMBER

(252) 335-6011

DATE

02 June 2023

SIGNATURE OF CONTRACTING OFFICER

xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx

Kathrine R. Leachxxxxxxxxxxxxxxxxx

Contracting Officer, ESD/IODxxxxxx

CODE TELEPHONE NUMBER

(252) 335-6895

DATE

02 June 2023 http://www.sam.gov/