HSCG38-08-Q-010130 J & A.doc

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

SOLICITATION: HSCG38-08-Q-010130

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

SOLICITATION: HSCG38-08-Q-010130

Pursuant to the requirements of Section 4202 of the Clinger-Cohen Act (test program for commercial items) as implemented by the Federal Acquisition Regulation (FAR) 13.500, this justification for other than full and open competition is supported by the following facts and rationale in the format described at FAR 6.303-2:

(1) Identification of the agency and the contracting activity, and specific identification of the document as a “Justification for other than full and open competition.” – U.S. Coast Guard, Aviation Logistics Center (ALC), Medium Range Surveillance Division, HC-144A Engineering Technical Services Cell, Elizabeth City, NC hereby presents this Justification for Other Than Full and Open Competition (JOTFOC) for review and approval.

(2) Nature and/or description of the action being approved. – This Justification for Other Than Full and Open Competition seeks approval to contract with the original equipment manufacturer (OEM), European Aeronautic Defence and Space Company (EADS) Construcciones Aeronautias S.A. (CASA) located in Seville, Spain. Request approval to proceed with this sole source acquisition, for a time and material, three year contract with a base year and two one-year option periods to procure Sustaining Engineering Services required for the support of the CN-235-300 CG01 Maritime Patrol Aircraft (MPA), also known as the HC-144A Ocean Sentry. The contract will be solicited and awarded under the Test Program for Commercial Items IAW FAR 13.5.

(3) A description of the supplies or services required to meet the agency’s needs (including the estimated value). – This Justification for Other Than Full and Open Competition is to obtain approval for Sustaining Engineering Services required for the support of the EADS CASA CN-235-300 CG01 MPA. This aircraft was designed to satisfy requirements within the Deepwater Aviation Domain to fully integrate the sensors onboard the MPA to feed the Common Operational Picture (COP) via Command, Control, Communications, Computers, and Intelligence, Surveillance, and Reconnaissance (C4ISR) systems. Sustaining Engineering Services that are above and beyond the scope and requirements for the EADS-CASA Field Service Representative (contracted separately) are required to provide:

· Support development of Engineering Change Requests

· Training

· Technical Documentation

· Maintenance and Support

· Troubleshooting

· Parts Identification

· Support and Test Equipment Unique to the mission system equipment This effort does not require the contractor to support the sensors or communications equipment that are affixed to the airframe or on the removable Mission System Pallet. The estimated dollar value for this procurement is $XXXXXX over the next three years if all options are exercised. Funding will be identified in each delivery order.

(4) An identification of the statutory authority permitting other than full and open competition. – 10 U.S.C. 253 (c) (1), as implemented by the Federal Acquisition Regulation (FAR) 6.302-1 entitled “Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements”. Only the OEM or a limited number of distributors will satisfy agency requirements.

(5) A demonstration that the proposed contractor’s unique qualifications or the nature of the acquisition requires use of the authority cited. – The initial contract for the procurement of U.S. Coast Guard Integrated Deepwater System (IDS), which included the MPA and mission system, was awarded on a competitive basis to Integrated Coast Guard Systems (ICGS) in FY02. In partnership with the Government, the Contractor was to design, construct, test, support and dispose of the IDS in accordance with its Integrated Support Plans, C4ISR Architectures and Asset Performance Specifications, Concept of Operations and Implementation Plan. For the MPA this covered production and delivery of eight (8) configuration aircraft, including program management, management of the subcontractors, system integration, configuration management, equipment deliveries, factory acceptance test, cockpit crew training, maintenance training, ferry flight support and delivery of the technical documentation. Also included in the scope is the aircraft IPT support that shall perform the management tasks required to direct and control a totally integrated effort to produce the Configuration for the IDS and to support an on-schedule completion of the asset.

The recent decision by the Coast Guard Commandant to assume the primary support integrator role for the aircraft acquisition has generated the need to develop specific platform Acquisition Plans (AP’s) and JOTFOC’s to continue providing support for the aircraft.

The CN-235-300 CG01 MPA was designed, manufactured, and integrated exclusively by EADS CASA Seville, Spain. EADS CASA designed and built the CN-235-300 CG01 MPA utilizing Commercial Off-the-Shelf (COTS) components with certain exceptions. Though some parts may be available from other system original equipment manufacturers (OEMs), the data specifications, and control integration is owned exclusively by EADS CASA. The CN-235-300 CG01 MPA structural design, electrical architecture, and overall system build is a product of EADS CASA. Only EADS CASA has the in-depth technical expertise to troubleshoot, repair, and train USCG personnel on unusual conditions that will be found on the CN-235-300 CG01 MPA. The data and services to be procured are only available from EADS CASA, which owns all the rights to the proprietary data, specifications, and drawings.

(6) A description of efforts made to ensure that offers are solicited from as many potential sources as is practicable, including whether an EPS notice was or will be publicized as required by Subpart 5.2, and if not, which exception under 5.202 applies. – In accordance with FAR 5.201, the notice of intent to contract with EADS CASA to provide Sustaining Engineering Services required for the CN-235-300 CG01 MPA will be advertised on the Electronic Posting System (EPS)/FedBizOpps as a combined synopsis/solicitation in accordance with FAR 12.603.

(7) A determination by the contracting officer that the anticipated cost to the Government will be fair and reasonable. – It is the Contracting Officer’s opinion that prices ultimately negotiated for this procurement will be fair and reasonable based on existing Sustaining Engineering Services contracts and current market analysis. Additionally, proposed prices will undergo comparison with previous prices paid.

(8) A description of the market research conducted (see Part 10) and the results or a statement of the reason market research was not conducted. – The original specification for the Integrated Deepwater System (IDS), referred to as IDS System Performance Specification (SPS), was released on March 16, 1998 for full and open competition. The SPS was for a system-of-systems solution using surface and aviation assets, along with an integrated C4ISR network to modernize and replace the Coast Guard’s aging ships and aircraft. As a result of the full and open competition, contracts were awarded and now require subsequent contracts to be awarded to the OEM.

(9) Any other facts supporting the use of other than full and open competition, i.e., proprietary data packages, etc. – The CN-235-300 CG01 MPA is a complex system consisting of hardware and software. The proprietary design and manufacturing data was not purchased by the USCG during the acquisition of this aircraft. Due to the Coast Guard’s lack of detailed technical data beyond the typical commercial user, there is a need to contract technical support of the aircraft with EADS CASA. The Coast Guard requires this additional support from the OEM because this aircraft is operating in a maritime environment which requires inspection and maintenance that is more extensive than typical users. In addition Coast Guard missions often require this aircraft to be operated in severe weather conditions that have historically hastened aging effects in other Coast Guard aircraft that must be mitigated through extensive inspections and maintenance not required by typical commercial users.

(10) A listing of the sources, if any, which expressed in writing, an interest in the acquisition. – A notice of intent to issue a sole source contract with EADS CASA will be advertised on the Electronic Posting System (EPS)/FedBizOpps as a combined synopsis/solicitation in accordance with the streamlined solicitation procedures for commercial items as per FAR 12.603 and FAR 13.5. It is anticipated that the only response received will be from the OEM. All responsible sources capable of meeting the Coast Guard’s requirement will be considered.

(11) A statement of the actions, if any, the agency may take to remove or overcome any barriers to competition before any subsequent acquisition for the supplies or services required. The Coast Guard does not possess technical expertise nor did they purchase the technical data as part of the initial system acquisition for the MPA to foster a competitive procurement effort. As a result, the Coast Guard does not own or possess the necessary documentation, procedures, or expertise to fully sustain and maintain the aircraft. The data is proprietary to the OEM and therefore future competition for this effort is not known. The USCG participates in meetings of world-wide users related to the operation and maintenance of the CN-235 to obtain “lessons learned” and develop a user network to improve operation and maintenance practices. Otherwise, the agency has taken no actions to overcome barriers to competition and does not anticipate any opportunities to do so.

(12) Contracting Officer’s Certification I certify that the data supporting the recommended use of other than full and open competition is accurate and complete to the best of my knowledge and belief.

___{ Signature on File}_____________

Wade Johnson

Date

Contracting Officer

(13) Technical/Requirements Personnel Certification I certify that this requirement meets the Government’s minimum need and that the supporting data, which forms a basis for this justification, is complete and accurate.

__ {Signature on File}_______________

M. NIJJAR, LT, USCG

Technical Representative

APPROVAL:

___{Signature on File} ___________

Wade Johnson

Contracting Officer

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