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

August 2020 uu

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. Any resultant order will include FAR clause 52.217-6 for the possible purchase of additional quantities as specified.

Line Item

Description

Part Number (PN)

Initial Quantity

Optional Quantity

1 Flotation Collar Casing AMTC-R1047-BL 75 each up to 75 each

2 Cable Cutter Pocket AMTC-P1457-BL 10 each up to 25 each

3 Rotary Wing (RW) Aircrew Belt MS16070-21M1 35 each up to 40 each

4 SAR Warrior Survival Vest (Aircrew) AMTC-V1012-BL 20 each up to 50 each

5 Dewatering Pump Container Harness AMTC-H1065-BL 20 each up to 30 each

The Flotation Collar Casing is a subpart of the survival vest unique to the USCG which is replaced during aircraft maintenance. It is specifically designed to be used with the LPU-27P SAR Warrior Vest.

The Cable Cutter Pocket is used by Aviation Survival Technicians (AST) during rescue operations to safely secure cable cutters to their vest. the rescue sling onboard rotary wing aircraft. It is inspected and replaced, as required, during aircraft maintenance.

The Rotary Wing Aircrew Belt is used by rotary wing aircrew to keep personnel from falling from aircraft, it is designed with a special buckle to allow easy escape in case of ditched aircraft.

The SAR Warrior Survival Vest is the shell to the LPU-27P SAR Warrior Vest.

The Dewatering Pump Container Harness is used during deployment of dewatering pumps to vessels in distress. The harness is designed for aerial deployment via parachute or aircraft hoisting maneuvers.

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 Aerial

Machine and Tool Corporation, doing business as Capewell Aerial Systems (CAGE Code: 70133), hereinafter referred to as

Capewell. As the OEM of these items, Capewell 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.

These items are approved by the USCG’s Aircraft Configuration Control Board (ACCB) for use by all aircrew on board USCG aircraft. Approved equipment is standardized and maintained IAW Commandant Instruction Manual COMDTINST

M13520.1(series), Aviation Life Support Equipment (ALSE) Manual.

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 (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. Capewell sells directly to the Government and also through several authorized distributors. IAW FAR 5.101(a)(1), a combined synopsis/solicitation will be posted to the Governmentwide Point of

Entry (GPE), the Contract Opportunities section of the web site at www.sam.gov. 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 items to be purchased are complex and must meet critical reliability requirements, the achievement of which require extensive and sophisticated testing. The Government does not own or possess any rights to the relevant technical data, specifications, and drawings required to develop an adequate purchase description including quality assurance requirements. 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 CODE TELEPHONE NUMBER DATE

SIGNATURE OF CONTRACTING OFFICER CODE TELEPHONE NUMBER

DATE

http://www.sam.gov/