J&A6302-1pdf.pdf

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

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 for a limited source acquisition, to obtain components that will be Government Furnished Equipment (GFE) to complete the Mission System Pallet (MSP). These GFE components are available from various component Original Equipment Manufacturer’s (OEM’s) (Cage Codes: S5496, 71483, K9075, 30242, FO422, 16827) and authorized distributors and EADS CASA (0DAF1), the Original Equipment Manufacturer (OEM) of the HC144A aircraft. 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 requirement is to procure several line items of Government Furnished Equipment in support of the Mission System Pallet. The MSP was procured by headquarters under the Deepwater program. Order number HSCG23-09-J-2DA005 Attachment 9 list the government furnished equipment required for the completion of the 4 Mission system pallets which are manufactured by Lockheed Martin. The U. S. Coast Guard intends to negotiate with limited sources; the Component OEM’s and authorized distributors and EADS CASA, the Original Equipment Manufacturer (OEM) of the HC144A aircraft in the amount of $XXXXXX.

(4) An identification of the statutory authority permitting other than full and open competition. – 41 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 Aircraft OEM or a limited number of components OEM’s and authorized 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 MSP was procured by headquarters under the Deepwater program. Order number HSCG23-09-J-2DA005 Attachment 9 list the government furnished property required for the completion of the 4 Mission system pallets manufactured by Lockheed Martin. Aviation Logistics Center (ALC) has been tasked with the procurement and delivery of these items for the MSP. The Coast Guard does not own the rights to the technical manuals, publications or data; these are proprietary to the OEM’s. Using parts from other than the OEM would compromise the integrity of the MPA/MRS Sensor Pallet vital to the HC144 aircraft mission.

(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 intent to contract for GFE for the in MPA/MRS Sensor Pallet will be advertised in the Federal Business Opportunities (FedBizOps) as a combined synopsis/solicitation in accordance with FAR 12.603. Any responsible offers will be considered.

(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 comparison with prices paid in the commercial marketplace, competition 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 Mission System Pallet is a complex system consisting of hardware and software that must work simultaneously. Lockheed Martin is under contract to manufacture the MSP with the United States Coast Guard furnishing the equipment listed under contract HSCG23-09-J-2DA005 Attachment 9. The Coast Guard does not have any rights to this technical data. The market research consisted of utilizing internet data and information from the aircraft OEM and component OEM’s were used to determine that the procurement for this GFE that’s required for the Mission System Pallet is commercial in nature.

(9) Any other facts supporting the use of other than full and open competition, i.e., proprietary data packages, etc. – The Coast Guard did not purchase the data as part of the initial system acquisition for the HC-144A aircraft and MSP. As a result, it would be difficult to take steps to foster competition as the manufacturing performance and acceptance data are proprietary to the OEM and the Coast Guard does not have adequate technical data to provide to potential offerors at this time.

(10) A listing of the sources, if any, which expressed in writing, an interest in the acquisition.

– A notice of intent to issue a limited source contract 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 responses received will be from the aircraft OEM or the component OEM’s or authorized distributors. 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 did not purchase the data as part of the initial system acquisition for the Mission System Pallet; as a result, it would be difficult to foster a competitive procurement effort. Complete specifications and drawings are not available and the cost to procure them is not easily quantifiable. As the AICP, ALC is tasked with supporting systems that have been deployed for use in the aviation community. As such, our budget does not include funding to procure data for these systems. The data for these components are proprietary to the OEM’s and therefore future competition for this effort is not known. In an effort to increase competition the HC-144 Product Line members annually attend aviation trade shows, and conduct extensive Internet database research.

(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>______________________ ______________________ CWO K. Barrick Technical Representative Date

APPROVAL

___<Signature on File>______________________ ______________________ Wade Johnson Date Contracting Officer < $550K*