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

2022012-DS01

PROJECT/TASK

NUMBER

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

$102,615.32

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

Line Item

Nomenclature/Description

Part Number (PN)

Quantity

Option Quantity

1 Flotation Collar Casing AMTC-R1047-BL 60 each up to 150 each

2 Strop Storage Kit AMTC-C1328-BL 10 each up to 10 each

3 Dewatering Pump Container Harness AMTC-H1065-BL 32 each up to 75 each

4 Rotary Wing (RW) Aircrew Belt MS16070-21M1 22 each up to 150 each

The Flotation Collar Casing is a subpart of the survival vest unique to the USCG which is replace during aircraft maintenance. The Flotation Collar Casing is specifically designed to be used with the SAR Warrior

Vest LPU-27P.

The Strop Storage Kit is used to properly stow the rescue sling onboard rotary wing aircraft. It is inspected and replaced, as required, during aircraft maintenance.

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

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.

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

SUPPLIES OR SERVICES CAN BE USED.

The items to be purchased under this acquisition are highly specialized and have been specifically designed and manufactured by Aerial Machine & 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.

The USCG’s ALC is the hub of Coast Guard aviation logistical support and contributes to USCG aviation mission execution in areas such as performing programmed depot level maintenance and providing engineering services the Coast Guard fleet. As part of ALC’s mission, the Aviation Life Support Equipment

(ALSE) program ultimately standardizes the life support, safety, and rescue equipment authorized for use after a rigorous process based partly on 46 CFR Part 160 and Commandant Instruction Manual

COMDTINST M10470.10 (series) – Rescue and Survival Systems Manual. Approved equipment are standardized and maintained IAW: COMDINST M13520.1 (series) – Aviation Life Support Equipment

(ALSE) Manual; Coast Guard Technical Order Process Guide CGTO PG-85-00-330, Helicopter Rescue

Swimmer Authorized Equipment Process Guide; and CGTO PG-85-00-310 – Aviation Life Support

Systems Process Guide. Detailed maintenance and servicing of the equipment is accomplished IAW the applicable Aviation Maintenance Procedure Cards (MPC).

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. Capewell 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, 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 items and part numbers 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.

http://www.sam.gov/

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

Xxxxxxxxxxxxxxxxxxxxxxxxxx xxxx

Daniel F. Knottsxxxxxxxxxxxxxxxx

Item Manager, ESD – ALSExxxxxxxx

(252) 335-6477 xxxxxxxxxx

SIGNATURE OF CONTRACTING OFFICER CODE TELEPHONE NUMBER

DATE

xxxxxxxxxxxxxxxxxxxxxxxxxxxxxx

Kathrine R. Leachxxxxxxxxxxxxx

Contracting Officer – ESD/IODx

(252) 335-6834 xxxxxxxx