J A-Repair-FBO.pdf

JUSTIFICATION AND APPROVAL (J&A)

FOR OTHER THAN FULL AND OPEN COMPETITION

10 U.S.C. 2304(c)(1) – ONLY ONE RESPONSIBLE SOURCE AND NO OTHER SUPPLIES OR

SERVICES WILL SATISFY AGENCY REQUIREMENTS

SOLICITATION HSCG38-11-Q-200064

Pursuant to the requirements of the Competition in Contracting Act (CICA) as implemented by FAR Subpart 6.3, HSAM 3006.3, CGAP 3006.3 and in accordance with requirements of FAR 6.303‐1, the justification for the use of the statutory authority under FAR Subpart 6.3 is justified by the following facts and rationale required under FAR 6.303‐2 as follows:

(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.” ‐The United States Coast Guard (USCG) Aviation Logistics Center (ALC), Short Range Recovery (SRR) Contract Section, Elizabeth City, North Carolina, proposes to enter into a contract on the basis of other than full and open competition.

(2) Nature and/or description of the action being approved. ‐Approval is requested to solicit, on a limited source basis, support for the repairing of the Electrical Aviation Components as utilized on the SRR aircraft. It is anticipated that a requirements type contract will be awarded. The repair of the Electrical Aviation Components and Instruments is considered commercial in nature and will be procured utilizing the procedures in FAR 12 and 13.5(a)(1)(ii).

(3) Description of the supplies or services. ‐The requirement exists to repair the components listed in the schedule and return them to Ready‐For‐Issue (RFI) condition, provide technical support services, support product improvement efforts, modify components per Service Bulletins and provide updates to Component Maintenance Manuals (CMM) and Technical Orders (TO). As the Aviation Inventory Control Point (AICP), ALC must provide effective supply support for all Coast Guard aviation units and for the Programmed Depot Maintenance Program. USCG requires contractors provide labor, material, tooling, parts, test equipment, and facilities to repair the following component in support of the SRR aircraft fleet.

Please see the attached schedule for requirements

The repair, material, and estimated quantities to be procured are based on current and historical usage data. During the duration of the contract it is anticipated that 42 Electrical Aviation Components will need to be sent for repairs. It is anticipated that this requirement will be awarded to a qualified vendor found during the solicitation process.

Failure to procure these services could potentially cause aircraft to be grounded. The period of performance is five years which includes a one‐year base period and four one‐ year option periods.

(4) Identification of the justification and the rationale. ‐The statutory authority permitting other than full and open competition is 10 U.S.C. 2304(c) (1) or 41USC 253(c) (1), as implemented by the Federal Acquisition Regulation (FAR) 6.302‐1.

(5) Demonstration that the nature of the acquisition requires use of the authority cited. ‐ The Electrical Aviation Components were originally designed and developed by the

10 U.S.C. 2304(c)(1) – ONLY ONE RESPONSIBLE SOURCE AND NO OTHER SUPPLIES OR following:

a) Transformer Rectifier Cage (F2924)

b) Indicator, L/G Position Cage (F0214)

c) Transmitter Unit Cage (F1801)

d) Hydraulic Tank Cage (F0210)

There are currently only a limited number of sources with the technical expertise, data and engineering knowledge as well as being the only sources both certified by the OEM and USCG to repair these Electrical Aviation Components. Potential vendors competing on this requirement must possess and provide evidence of both OEM and Federal Aviation Administration (FAA) certifications. Also competition is limited on the basis that the replacement parts to be utilized on this requirement have specific part numbers which are essential to the government’s requirements, thereby precluding consideration of a product manufactured by another company. All potential vendors must provide traceability for replacement parts to the OEM.

(6) Description of efforts made to ensure that offers are solicited from as many potential sources as is practicable. ‐ IAW FAR Part 5.201, a combined synopsis/solicitation for commercial items will be issued.

(7) 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 repair will be fair and reasonable based on competition, a comparison to commercial catalog prices, comparison to the government estimate, and a comparison to historical pricing information on similar repairs.

(8) Description of the market research. ‐Market research is continually conducted to identify new sources of supply for the SRR components and spare parts. The item to be repaired meets the commercial item definition. Market research was conducted by contacting several repair vendors that are currently being utilized for the repair of similar repairable items to verify that the items on this requirement could be repaired competitively. Each vendor contacted concurred that they are able to repair some or all of the items on this requirement and are either OEM/USCG certified or cable of obtaining such certification. The following vendors were contacted:

Advantage Aviation Cage (082K1) Contacted 2/9/11 AAR Hermetic Cage (7A916) Contacted 2/9/11 AEC Cage (3GSZ1) Contacted 2/9/11 AAI Cage (0LZ73) Contacted 2/9/11 Eurotradia Cage (F0521) Contacted 2/9/11 Thales Avionics Cage (0J2T3) Contacted 2/9/11

10 U.S.C. 2304(c)(1) – ONLY ONE RESPONSIBLE SOURCE AND NO OTHER SUPPLIES OR

(9) Any other facts supporting the use of other than full and open competition. – The necessary manufacturing drawings, data, and special tooling are proprietary and available only from the OEM or certified repair facility. The USCG did not purchase the technical data rights as part of the original acquisition for the SRR airframe nor would data rights be available or useful due to proprietary software code. Presently USCG is not planning to obtain the data rights, and/or drawings because of variety of financial and technical ramifications. 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. This requirement is necessary in order for the USCG to maintain the capability to adequately support their deployed aircraft and carry out their law enforcement mission.

(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 the services will be synopsized via FedBizOpps. If any responses are received as a result of this combined synopsys/solicitation, the file will be documented accordingly and the requirement competed among all eligible offerors.

(11) A statement of the actions, if any, the agency may take to remove or overcome any barriers to competition before any subsequent for the supplies or services required.

Complete specifications and drawings for the SRR aircraft 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 SRR aircraft. As the Aircraft Inventory Control Point (AICP), ALC is tasked with supporting systems that have been deployed for use in the aviation community. As a result, it would be difficult to foster a competitive procurement effort. However, in an effort to increase competition among affiliates and distributors, SRR Product Line members annually attend aviation trade shows, extensive internet database research is conducted, and procurements are advertised in FedBizOps. In support of the competition in Contracting Act, ALC established the New Product Development Branch (NPD) and a representative of the NPD Branch are assigned to the SRR 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 for some of the hard to find or expensive to repair items. However, this process is lengthy, costly and labor intensive.