FBO J A Rivets Contract

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION UNDER 10 U.S.C 2304(c)(1) ONLY ONE RESPONSIBLE SOURCE AND NO OTHER SUPPLIES OR SERVICES WILL SATISFY AGENCY REQUIRMENTS SOLICITATION NO. HSCG38-12-Q-S00033

Pursuant to the requirements of section 4202 of the Clinger-Cohen Act (Test Program for Commercial Items) as implemented by FAR 13.501(a)(ii), this justification for other than full and open competition is supported by the facts and rationale in the format described in FAR 6.303-2 support this justification for other than full and open competition:

1) Agency and Contracting Activity— The United States Coast Guard (USCG) Aviation Logistics Center(ALC), MRR Supply Cell, Elizabeth City, NC, proposes to enter into a requirements contract on a basis other than full and open competition.

2) Nature and/or description of the action being approved. – The USCG, MRR Division of ALC has a requirement on a limited source basis to procure the purchase of various SPS Technologies LLC, Cherry Aerospace Division, 1224 E. Warner Avenue, Santa Ana, CA 92705, brand rivets.

3) Description of Supplies/Services— This procurement is for the various rivets that are replaced as part of the MH-60 aircraft Periodic Depot Maintenance (PDM) performed at the USCG ALC.

4) Identification of Statutory Authority Permitting Other Than Full and Open Competition.

The statutory authority permitting other than full and open competition is 10 USC 2304(c) (1) implemented by Federal Acquisition Regulation (FAR) Subpart Regulation 6.302-1 entitled “Only one responsible source or a limited number of responsible sources and no other supplies or services will satisfy agency requirements”.

5) Demonstration That the Nature of the Acquisition Requires Use of the Authority Cited.

As the Primary Inventory Control Agency (PICA), USCG ALC Elizabeth City, NC has the authority and responsibility to certify sources of supply and components which are used solely by the USCG on the MH-60 aircraft. At this time, only SPS Technologies LLC, Cherry Aerospace Division, brand rivets are certified for use on USCG MH-60 during the PDM overhaul process. Only Cherry brand rivets are authorized for use during structural repairs on the MH-60 aircraft as specified by USCG TO 1H-65A-3, Structural Repair Manual. This USCG Technical Order (TO) is a comprehensive repair manual and only authorizes the use of Cherry brand rivets during aircraft, airframe repairs. Only Cherry brand rivets have been found and tested to meet the requirements for proper expansion, load distribution and resistance to water intrusion to prevent subsequent airframe corrosion.

6) Description of efforts made to ensure that offers are solicited from as many potential sources as is practicable.

The proposed requirement contract action is for an estimated amount not expected to exceed the simplified acquisition test program threshold as amended in FAR 13.5. A combined synopsis/solicitation for commercial items prepared in accordance with the format in FAR Subpart 12.603 will be issued. The intent to issue a firm-fixed price requirement contract for the acquisition of the various rivets will be submitted to Federal Business Opportunities upon approval of this document. Any eligible offeror may submit a proposal. All responsible offers will be considered. However, only offers of SPS Technologies LLC, Cherry Aerospace Division, brand rivets will be considered.

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 ultimately negotiated for this procurement will be fair and reasonable and will be based on a cost and price analysis and a comparison with historical prices paid.

8) Description of Market Research.

A market survey has been conducted concerning the acquisition of the various rivets concerned. Engineering and Contracting representatives continuously conduct market research to ensure that companies interested in doing business with ALC are given every opportunity to compete for our requirements. From past history it has been determined there are several companies that can supply the required rivets. Every effort will be made to obtain proposals from these firms.

9) Any Other Facts Supporting the Use of Other Than Full and Open Competition.

The ALC PDM hull shop noticed that when the blind rivets that were being used (non-Cherry brand) the buck tails were very deformed. However, the buck tails produced by the Cherry brand rivets were very uniform, as they should be. When the buck tail (backside of a set rivet) is formed it should be a symmetrical mushroom shape, evenly distributing the load applied to it. It is a matter of concern when a buck tail forms unevenly. This causes the load borne by the rivet to be unevenly distributed which causes premature wear and cracking of critical aircraft structural components. It also allows an area for corrosion to form which will prematurely weaken and decay the aircraft structure. These phenomenon’s cause additional aircraft maintenance and the additional associated costs. ALC’s, MRR PL Engineering tasked the ALC hull shop to test 30 non-Cherry brand rivets against Cherry brand rivets to ensure this was not simply a coincidence. All were tested and the non-Cherry brand rivets consistently showed that the buck tails pulled unevenly. However, the Cherry brand rivets consistently formed a symmetrical mushroom shape. The mandatory supply source, DLA, was notified of these tests but as of this writing has nothing to ensure that only the superior Cherry brand rivets are supplied. Therefore, if these rivets are ordered via DLA, the requisitioner will get whatever happens to be on the DLA shelf, which may or may not be a Cherry brand rivet; the requisitioner can't request of DLA to supply only Cherry brand rivets.

10) A 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 services will be submitted to FedBizOpps. If responses to this synopsis/solicitation indicate sources available, the file will be documented accordingly and the requirement competed among all eligible offerors. To date there have not been any inquiries about this procurement.

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 Supplies or Services Required.

ALC, Engineering will continue to monitor the market place for additional vendors who can supply acceptable quality rivets and will notify the Contracting Officer if any changes to the current situation occur.

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.

13) 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.