Brand Name Justification 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

2022041-DS01

PROJECT/TASK

NUMBER

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

$17,674.14

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.

Nomenclature/Description

Part Number (PN)

Quantity

BONDERITE® L-GP D 148A

Dry Film/Hardener Kit

D148APTFE 22 each

The item is a polytetrafluoroethylene (PTFE) based varnish that develops a dry and lubricating coating after curing. It is used in combination with Henkel hardener BONDERITE® S-OT DURCISSEUR when performing maintenance and repairs on the tail rotor of the MH-65 helicopters.

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

SUPPLIES OR SERVICES CAN BE USED.

The Dry Film Hardener Kits to be purchased under this acquisition is a highly specialized lubricant coating which has been specifically designed and manufactured by Henkel Limited (CAGE Code:

U0406), hereinafter referred to as Henkel. As the OEM of these Kits, Henkel owns all rights to the technical data, specifications, and drawings required for its 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.

This is the only dry film/hardener kits approved by the USCG’s Aircraft Configuration Control Board

(ACCB) for use on the tail rotors of the MH-65 aircraft.

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. Numerous distributors of this product were identified in addition to the OEM. 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, Henkel owns the rights to the technical data, specifications, and drawings required to manufacture these items. Henkel 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 this two-part chemical compound 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 Kits.

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 Kits 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

XXXXXXXXXXXXXXXXXXXXXXXXXXXXXX

Daniel F. KnottsXXXXXXXXXXXXXX

Logistics Management Specialis

(252) 335-6477

07/29/2022

SIGNATURE OF CONTRACTING OFFICER CODE TELEPHONE NUMBER

DATE

XXXXXXXXXXXXXXXXXXXXXXXXXXXXX

Gary S. WoolardXXXXXXXXXXXXXX

Contracting Officer – ESD/IOD

(252) 335-6895

07/29/2022 http://www.sam.gov/