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

PROJECT/TASK

NUMBER

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

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.

The USCG 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.

Line Item Description Part Number (PN) Quantity

1 IFR6015 Military Flight Line Test Set 72424 1 each

2 6000OPT3 ADS-B 1090 MHz 83411 1 each

3 6000OPT5 UAT 978 MHz 112795 1 each

4 6000OPT6 ADS-B Integrity Test Option (cables included) 140609 1 each

The IFR6015 Test and its optional accessories, hereinafter referred to a Test Set, are used to test the Automatic Dependent

Surveillance Broadcast (ADS-B) messages transmitted by the Identification Friend or Foe (IFF) transponders used aboard all

USCG aircraft. These messages are received by Air Traffic Control (ATC) stations as well as other military and civilian aircraft operating in the vicinity. ADS-B messages contain critical information regarding the aircraft’s speed, altitude, and position. The variables are finite to allow for as much information to be transmitted as possible. The ADS-B status message specifications are regulated by the U.S. Air Force (USAF) IFF Program Office, with compliance maintained through various testing events to ensure that the Flight Management System (FMS) software and transponder performance are adequate and in conformance. IFF and ADS-

B testing events are required by the USAF for initial installations and whenever an FMS or transponder software upgrade has occurred. Licensing and radio frequency authorizations are issued from the USAF to the USCG upon analysis of ADS-B message testing results.

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

SERVICES CAN BE USED.

The Test Set to be purchased under this acquisition is highly specialized and has been specifically designed and manufactured by

Viavi Solutions Inc. (CAGE Code 6UW26). The Test Set can break down and decipher the entire multitude of elements on the highly complex ADS-B message format. It is widely used by various entities within the Department of Defense (DoD) in addition to FMS OEMs such as Lockheed Martin, Collins Aerospace, and Raytheon Technologies. The Test Set is used by the USAF IFF

Program Office with most of its testing guidelines and documentation modeled after this Test Set’s operating modes. Every USCG aviation asset is currently undergoing some degree of upgrade to their FMS or transponder system. Use of this Test Set to perform

ADS-B message testing and results submittal to the USAF IFF Program Office serves to streamline the USAF’s review and approval process.

As the OEM of the Test Set, Viavi Solutions Inc. owns all rights to the technical data, specifications, and drawings required for their 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.

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).

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. These items are not available from any mandatory Government source IAW FAR 8.002 or from any non-mandatory sources IAW 8.004. Viavi Solutions Inc.

sells directly to the Government and through several authorized 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, Viavi Solutions Inc. owns the rights to the technical data, specifications, and drawings required to manufacture these items. Viavi Solutions Inc. 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 item 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 CODE TELEPHONE NUMBER DATE

SIGNATURE OF CONTRACTING OFFICER CODE TELEPHONE NUMBER DATE

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