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

2022311-EE01

PROJECT/TASK

NUMBER

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

$191,403.00

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 Night Vision Goggle (NVG) accessories shown in the table below on a brand-name basis. Any resultant order will include FAR clause 52.217-6 for the possible purchase of additional quantities as specified.

Line Item

Nomenclature

Part Numbers (PN)

Initial Quantity

Optional Quantity

1 AERONOX® NVG Mount (Black) 62108G01-B 9M1000-1

50 each up to 50 each

2 AERONOX® NVG Battery Pack (Black) 62108G10-B 9M1000-2

50 each up to 50 each

The AERONOX® NVG products are designed to attach the Harris® AN/AVS-9(V) Aviator’s Night

Vision Imaging System (PN 273998-3) to the Gentex® HGU-56/P Flight Helmet or the legacy

Gentex® SPH-5CG Flight Helmet via the respective ANVIS Dual Visor Assembly used by each helmet.

Coast Guard Technical Order (CGTO) PG-85-00-310-A, Aviation Life Support Equipment (ALSE)

Systems Process Guide (dated 24 October 2016) dictates the use of both the Gentex® HGU-56/P and

SPH-5CG Flight Helmets for use by all USCG flight crew. The HGU-56/P Flight Helmet is preferred, but there are still some SPH-5CG Flight Helmets in the USCG fleet that have yet to be replaced through attrition.

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

SUPPLIES OR SERVICES CAN BE USED.

The items to be procured under this acquisition are highly specialized parts which have been designed and manufactured by Wilcox Industries Corp. (Wilcox), CAGE Code 004F1, in partnership with

Aviation Specialties Unlimited, Inc. (ASU), CAGE Code 1MFX9.

While there are other NVG accessories that are compatible with both of the USCG’s flight helmets and the NVG system, no other items are capable of withstanding the rough and frequent usage these items receive as a result of the demanding operational tempo of search and rescue missions. Market research has shown that the AERONOX® NVG Mount and AERONOX® NVG Battery Pack are the only items capable of meeting the USCG’s requirements. These include but are not limited to:

• compatible with both the Gentex® HGU-56/P and SPH-5CG Flight Helmets and their associated

ANVIS Dual Visor Assemblies. Must also be compatible with the Harris® AN/AVS-9(V)

Aviator’s Night Vision Imaging System and the rotary wing version of the low profile battery pack;

• lightweight yet rugged construction using aluminum and high-strength polymer material;

• reinforced chassis to prevent breakage during rigorous use;

• quick disconnect device for the rapid removal of NVGs;

• battery plug is incorporated into the mount so that no power adapter is required, thus minimizing the amount of equipment attached to the helmet and reducing possible egress hazards;

• modular design which is easily repairable by field units; and

• minimum warranty of one year.

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. Market research included querying the following information systems and web sites: Defense Logistics

Agency (DLA) Federal Logistics Information Service (FLIS); Department of Defense Federal

Electronic Mall (DoD FEDMall); the General Services Administration’s (GSA) on-line purchasing service – GSA Advantage!®; and the Inventory Locator Service e-marketplace (ILSmart). The Thomas

Register of American Manufacturers, now known as ThomasNet, was used to identify manufacturers of night vision equipment and on-line research was performed into the product offerings of various manufacturers. In addition, knowledgeable individuals from Government and industry were interviewed regarding the commercial marketplace for this type of equipment. These items are not available from any required or optional source of supply IAW FAR 8.002.

Wilcox does not sell their products direct to consumers. As part of the partnership between Wilcox and

ASU, ASU has exclusive distribution rights on all of the AERONOX® branded products. In turn, ASU uses authorized distributors to sell the AERONOX® brand.

A combined synopsis/solicitation will be posted to the Contract Opportunities section of the web site at www.sam.gov. IAW FAR 5.101(a)(1). The OEM and authorized distributors will be notified of this posting to FBO. All responsible sources may submit a quotation which shall be considered by the agency.

http://www.sam.gov/

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

As the OEM, Wilcox owns the rights to the technical data, specifications, and drawings required to manufacture these items. Wilcox 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.

The USCG will continue to monitor the commercial marketplace for the availability of new NVG mount designs and determine whether any new product is capable of meeting the USCG’s requirements.

SIGNATURE AND TITLE OF CUSTOMER CODE TELEPHONE NUMBER DATE

xxxxxxxxxxxxxxxxxxxxxxxxxxxx

Bernard H. Ruettenxxxxxxxxxx

Inventory Manager, ESD – ESB

(252) 384-7246

11/14/2022

SIGNATURE OF CONTRACTING OFFICER CODE

TELEPHONE NUMBER

DATE

xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx

Gary S. Woolardxxxxxxxxxxxxxxxx

Supervisory Contracting Officer

(252) 335-6895

11/16/2022