JOTFOC-08Q200049.doc

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

SOLICITATION HSCG38-08-Q-200049

Pursuant to the requirements of the test program for commercial items as implemented by Section 4202 of the Clinger-Cohen Act of 1996 as implemented by FAR 13.501(a)(ii), 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) Agency and the contracting activity. U.S. Coast Guard, Aircraft Repair and Supply Center (ARSC), HH-65 Contract Section, Elizabeth City, North Carolina, proposes to enter into a contract on a basis other than full and open competition and 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. U.S. Coast Guard has a requirement to procure, on a sole source basis helicopter pilot/copilot, flight mechanic seats and various replacement parts utilized on the seats. The original manufacturer of the seats/replacement parts and suggested source is Simula Aerospace & Defense Group, 7822 South 46th St., Phoenix, AZ 85044. The requirement will be procured utilizing the simplified acquisition test program. The proposed contract type is a firm-fixed price contract.

(3) Description of the supplies or services required to meet the agency’s needs (including the estimated value). As the Aviation Inventory Control Point (AICP), ARSC must provide effective supply support for all Coast Guard aviation units and for the Programmed Depot Maintenance Program. The seats and all replacement parts are sole source to Simula Aerospace & Defense Group. Extensive market research was conducted for the acquisition of replacement. seats. This research revealed that these seats could be procured commercially with minor modifications. The original contract, DTCG38-96-D-200007 was awarded to Simula and the current requirement is the follow-on. The HH65 Dauphin seat tracks and seat base that run in the tracks are 10.5” wide. Seats readily available in the commercial market are 12” wide, thus requiring modification of the seats to fit the tracks. This coupled with the requirement that the seats absorb crash energy dictated by Coast Guard standards makes the seats manufactured by Simula the only commercially available product that meets the needs of the Coast Guard.

Simula is the original manufacturer of the seats and replacement parts and owns the data, specifications and drawings. Total contract period consists of a base year and four additional option years.

(4) Identification of the statutory authority permitting other than full and open competition. 10 U.S.C. 2304(c)(1) or 41 USC 253(c)(1), as implemented by FAR 6.302-1(a)(2)(ii), supplies may be deemed to be available only from the original source in the case of a follow-on contract for the continued development or production of a major system or highly specialized equipment, including major components.

(5) Demonstration that the nature of the acquisition requires use of the authority cited. The components/parts to be procured are manufactured by Simula Aerospace & Defense Group who own all rights to proprietary data, specifications and drawings. The replacement parts have specific part numbers assigned by Simula which are essential to the Government’s requirements, thereby, precluding consideration of a product manufactured by another company. Because of the stringent specifications, award to any other source would result in substantial duplication of costs that is not expected to be recovered through competition and unacceptable delays in fulfilling the agency requirements.

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

SOLICITATION HSCG38-08-Q-200049

(6) Description of efforts made to ensure that offers are solicited from as many potential sources as is practicable. This action was solicited 15 April 2008 utilizing the streamlined synopsis/solicitation procedures for commercial items authorized in FAR 12.603. If any responses are received as a result of this solicitation, the file will be documented accordingly and the requirement competed among all eligible offerors.

(7) Determination by the contracting officer that the anticipated cost to the Government will be fair and reasonable. The Contracting Officer determines that the anticipated prices will be fair and reasonable based on a comparison to market prices for similar items, published price list and the government estimate.

(8) Description of the market research. Market research is continually conducted by the Inventory Manager and HH65 Technical Services to identify new sources of supply for the HH65 components and spare parts. ARSC H65 Technical Services and Inventory Manager attend the annual Helicopter Association International trade group convention. The main focus in attending this convention is to identify new vendors for services and supplies that meet the needs of the Coast Guard. The parts to be repaired meet the commercial item definition. Because of the specifications outlined in paragraph (3), Simula is the only manufacturer of seats that meet the needs of the Coast Guard.

(9) Any other facts supporting the use of other than full and open competition, i.e, proprietary data packages, etc.

Simula is the original equipment manufacturer of the seats and replacement parts used on the HH65C Dauphin helicopter. They own all the data, specifications and drawings. The Coast Guard did not purchase data rights as part of the initial system acquisition for the HH-65 aircraft. Therefore, it would be difficult to take steps to foster competition as the manufacturing, performance and acceptance data are proprietary and the USCG does not have adequate technical descriptions. Presently, funding is not available to obtain data rights and/or drawings.

(10) Listing of the sources, if any, that expressed in writing, an interest in the acquisition. In accordance with FAR 5.201, the intent to contract for these items was submitted to FedBizOps on 15 April 2008. (copy attached).

(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. Complete specifications and drawings for the HH65 are not available to the Coast Guard. The Coast Guard does not possess technical expertise nor were the data rights to spares purchased as part of the initial system acquisition for the HH65 aircraft. As the Aircraft Inventory Control Point (AICP), ARSC is tasked with supporting systems that have been deployed for use in the aviation community. However, in an effort to increase competition among affiliates and distributors, HH65 Product Line members annually attend aviation trade shows where they look for new vendors that might be able to supply or repair same/similar parts. Once these vendors are identified, the HH65 Product Line discusses the parts they supply. If they fit the criteria, these vendors are asked to provide additional information such their clients, traceability to the Original Equipment Manufacturer (OEM), etc. In addition, extensive internet data base research is conducted and procurements are advertised in FedBizOps. Responses to the latter are dependent upon the procurement itself. In support of the Competition in Contracting Act, ARSC established the New Product Development Branch (NPD) and a representative of the NPD Branch is assigned to the HH65 Product Line. This representative has the responsibility to locate alternate sources of supply/services and alternate acceptable products. Engineering, contracting and New Product Development representatives continuously conduct market research to ensure that companies interested in doing business with the USCG are given every opportunity to compete for our requirements. NPD is exploring avenues of reverse engineering some of the hard to find or expensive parts. However, this is process is lengthy, costly and a labor intensive effort.

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

SOLICITATION HSCG38-08-Q-200049

(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.

__________________________ Date: _____________________

CYNTHIA D. SOULES

Contracting Officer

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

__________________________ Date: _____________________

PATRICIA ROZANSKI

H65 SUPPLY CELL LEADER

APPROVAL:

__________________________ Date: _____________________

COMPETITION ADVOCATE