Brand Name Justification and Approval for Other Than Full and Open Competition.pdf

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

41 U.S.C. § 1901

UHF SATCOM GPS Toadstool Antennas

In compliance with Federal Acquisition Regulation (FAR) 13.501(a)(ii), this justification uses the format at FAR 6.303-2 and is modified to state that the procedures in FAR 13.5 are used.

1. Agency and Contracting Activity.

The Department of Homeland Security (DHS), United States Coast Guard (USCG), Aviation Logistics Center (ALC), Engineering Services Division (ESD) prepared this justification for other than full and open competition.

2. Nature and/or Description of the Action being Approved.

(a) Nature of the action: Procurement of twelve (12) each Ultra-high

Frequency (UHF) Satellite Communications (SATCOM) GPS Toadstool

Antennas on a brand name basis.

(b) Name and address of the contractor:

Original Equipment Manufacturer (OEM)/Brand Name

Sensor Systems, Inc.

8929 Fullbright Ave.

Chatsworth, CA 91311-6124

CAGE Code: 13691

(c) Type of action: Firm Fixed-Price Contract

(d) Estimated total value (including options): $282,604

(e) Type of funding: Operations and Support funds

(f) Year of funding: Fiscal Year 2024

(g) Solicitation number: 70Z03824QE0000030

(h) Background information about the requirement: These Antennas have been previously purchased on a brand name basis under Purchase Order (PO)

70Z03823PD0000077.

3. Description of Supplies/Services.

This requirement is for the purchase of twelve (12) UHF SATCOM GPS Toadstool

Antennas, hereinafter referred to simply as Antennas, on a brand name basis. These

Antennas are necessary for the installation and operation of the ARC-210 Gen 6 Radios on the HC-130J aircraft. The OEM is the only one that produces an antenna capable of providing the satellite communications required by the USCG.

4. Identification of Statutory Authority Permitting Other Than Full and Open

Competition. The statutory authority permitting other than full and open competition is

41 U.S.C. § 1901 implemented by FAR Subpart 13.501(a) sole source (including brand name) acquisitions as defined in FAR 2.101.

5. Identification of Exception to the Buy American Act. Not applicable.

6. Demonstration that the Proposed Contractor’s Unique Qualifications or the Nature of the Acquisition Require Use of the Authority Cited.

(a) Sensor Systems Inc. is the only manufacturer of a single antenna capable of providing the satellite communications necessary to meet emerging requirements.

The upgrade of the HC-130J aircraft to the sixth generation of the ARC-210 Radio complies with a Department of Defense (DoD) mandate to integrate Mobile User Objective System (MUOS) communication into all USCG aircraft, while simultaneously meeting a directive from CG-711 (Office of Aviation Forces) for all aviation platforms to adopt the use of Irridium satellite asset tracking.

(b) The upgrade to the ARC-210 Gen 6 Radio requires the installation of at least one, and potentially two antennas. While performing market research on MUOS and Irridium compatible antennas, it was discovered that Sensor Systems manufactures an antenna with the correct elements installed to support the both the MUOS and Irridium requirements, negating the need for a second antenna. Additionally, this Antenna (National Stock Number: 5985-01-597-0009) is a form, fit, and functional replacement for the legacy antenna as it is identical in weight, shape, dimensions, and mounting pattern. As Sensor Systems is the only manufacturer of an antenna with these features, no portion of the work can be segregated to allow for competition.

(c) The USCG considered alternative antennas, including the possibility of installing two separate antennas. However, using a single antenna that is an exact form, fit, and functional replacement alleviates the need to perform structural and slipstream analysis along with a vibrational survey. This avoids the need to involve the airframe manufacturer which is a costly and time-consuming process. Not having to perform engineering investigations for the installation of a second antenna, along with not having to purchase a second antenna, results in significant cost avoidance for the USCG, as well as greatly accelerates how quickly the USCG can comply with the MUOS and Iridium communication requirements.

(d) Without approval of this justification, the USCG’s ability to communicate with

DoD, Federal, state, and local authorities during routine and non-routine operational flights would be greatly reduced, hindering the USCG’s effectiveness during search and rescue, law enforcement, humanitarian, and other missions. In addition, it would eliminate the real-time visibility and tracking of aviation assets which is especially critical in larger-scale missions such as natural disasters.

(e) This justification is prepared IAW FAR 6.302-1 – only one responsible source and no other supplies or services will satisfy agency requirements, specifically FAR

6.302-1(c), application for brand-name descriptions. Sensor Systems is the only manufacturer of an antenna that supports both MUOS and Irridium communications and is also a form, fit, and functional replacement for the previous antenna.

7. Description of Efforts Made to Ensure that Offers are Solicited from as Many

Potential Sources as is Practicable.

(a) This acquisition was published in DHS’s Acquisition Planning Forecast System

(APFS) on 25 April 2024 under Record Number F2024065502.

(b) No request for information has been completed at this time.

(c) After approval of this justification, a combined synopsis/solicitation will be posted to the Contract Opportunities section of www.sam.gov IAW FAR 5.101(a)(1). In compliance with FAR 5.102(a)(6) and FAR 5.207(c)(16)(i), a redacted copy of this approved justification will be attached to the solicitation and the solicitation will include a statement that all responsible resources may submit a capability statement, proposal, or quotation, which shall be considered by the agency.

8. Determination by the Contracting Officer that the Anticipated Cost to the

Government will be Fair and Reasonable. The Contracting Officer anticipates determining the price for this procurement as fair and reasonable using one or more of the methods at FAR 13.106-3(a)(2). These Antennas were previously purchased on a brand name basis under PO 70Z03823PD0000077 with a total of seven (7) offers received.

While not competitive, the Contracting Officer should be able to compare the current purchase price to the previous price paid as well as compare current prices among different offerors.

9. Description of Market Research.

(a) Market research was conducted IAW FAR Part 10 from December 2023 to April 2024.

This acquisition was published to APFS on 25 April 2024 under Record Number

F2024065502. The mandatory sources at FAR 8.002(a)(1) and FAR 8.003 were reviewed as were Federal Supply Schedules and other Governmentwide acquisition contracts. All

DHS and USCG Strategic Sourcing Vehicles were scrutinized with no matches. Past purchase history from the Asset Maintenance Management Information System

(AMMIS) was researched. database history was conducted. Market research included querying a variety of Government information systems and web sites such as Defense

Logistics Agency (DLA) Federal Logistics Information Service (WebFLIS); Department of Defense Electronic Mall (DoD EMall); General Services Administration (GSA)

Advantage! online purchasing service; and Inventory Locator Service e-marketplace

(ILSmart). A search of the major aviation antenna manufacturers was performed on

Thomasnet.com and manufacturer web sites were perused for aircraft antennas that were both MUOS and Irridium compatible. Market research confirmed that Sensor Systems, http://www.sam.gov/

Inc. is only manufacturer of an antenna that can serve both communication platforms and is also a form, fit, functional replacement for the legacy antenna.

10. Any Other Facts Supporting the Use of Other Than Full and Open Competition. None.

11. A Listing of the Sources, if Any, that Expressed, in Writing, an Interest in the

Acquisition.

(a) A notice describing the requirement was published in APFS on April 25, 2024.

Only LVSI Corporation responded. They will be notified of the solicitation once available.

12. A Statement of the Actions, if Any, the Agency May Take to Remove or Overcome Any

Barriers to Competition Before Any Subsequent Acquisition for Supplies or Services

Required.

(a) The Government does not own or possess any rights to the relevant technical data, specifications, and drawings required to develop an adequate purchase description. Given the relatively small size of the USCG’s aviation fleet, it has been determined that it would be uneconomical for the Government to purchase the data rights even if the OEM was willing to sell.

(b) The USCG continuously conducts market research into alternative products and sources of supply to remain abreast of the current marketplace. The USCG will continue those efforts in the hopes of locating an acceptable alternative that is suitable to competition. In addition, the USCG continues to explore the possibility of reverse engineering hard to find aircraft components so that adequate purchase descriptions may be developed for competitive acquisition, however; this process is lengthy and cost prohibitive.

13. Contracting Officer’s Certification.

I certify that the data supporting the recommended use of other than full and open competition is accurate and complete to the best of my knowledge and belief.

14. Technical/Requirements Personnel Certification.

I certify that this requirement meets the Government’s minimum need and that the supporting data, which forms a basis for the justification, is accurate and complete.

15. Concurrence

Review:

Final approver if total estimated value does not exceed $750K and

Signature still required here if total estimated value exceeds $750K: