JA_6.3_FBO.pdf

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 Requirements Solicitation No. HSCG38-12-R-010005

Pursuant to the requirements of the Competition in Contracting Act (CICA) as implemented by FAR Subpart 6.3 and in accordance with the 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 Subpart 6.303-2 as follows:

(1) Agency and Contracting Activity.

The Department of Homeland Security, U.S. Coast Guard, Aviation Logistics Center (ALC), Medium Range Surveillance Division, HC-144A Engineering Technical Services Cell, Elizabeth City, NC, proposes to enter into a contract on a basis other than full and open competition.

(2) Nature and/or description of the action being approved.

The United States Coast Guard, Aviation Logistics Center (ALC), Medium Range Surveillance Division, HC-144A Engineering Technical Services Cell, Elizabeth City, NC has a requirement on a sole source basis to obtain engineering sustaining services to support the airframe structures, systems and components, as used on the US Coast Guard HC-144A aircraft. ALC seeks justification and approval for a follow-on contract for services and documentation necessary to support and maintain the USCG HC- 144 airframe structure, systems and components. The contract will be awarded on a basis of other than full and open competition from the Original Equipment Manufacturer (OEM) – Airbus Military’s authorized distributor, European Aeronautic Defense Space North America (EADS NA), Inc., 2550 Wasser Terrace, Suite 9000, Herndon, VA 20171. Airbus Military is the OEM and has all data rights and is located in Seville, Spain. EADS NA is the entity that the Coast Guard will be doing business with directly. EADS NA is an authorized distributor for Airbus Military.

This solicitation will result in a firm fixed price labor hour ID/IQ contract. The contract will be for a period of a one (1) year base period and four (4) one year option periods. The delivery orders will be issued on a firm fixed price basis. T

(3) Description of Supplies/Services.

This requirement describes the engineering services necessary to support the airframe structures, systems, and components, as used on the U.S. Coast Guard HC-144A aircraft. These objectives describe engineering services above and beyond the scope and requirements for the Field Service Representative located on site at the ALC, Elizabeth City, NC. These services may be performed at any EADS NA facility, plant, or any division of the parent company. These services may also be performed at Coast Guard units throughout the United States, Puerto Rico or any remote deployment sites throughout the world, which may be cause for flights on Coast Guard aircraft.

The Sustaining Engineering Services is required for the support of the Airbus Military HC-144A Maritime Patrol Aircraft (MPA). This aircraft was designed to satisfy requirements within the Deepwater Aviation Domain to fully integrate the sensors onboard the MPA to transfer information to the Common Operational Picture (COP) via Command, Control, Communications, Computers, and Intelligence, Surveillance, and Reconnaissance (C4ISR) systems.

The Engineering Technical Services include Program Manager, Technical Manager, Training Instructor, Certification and Flight Tester, Technical Representative, Field Representative, Spares Coordinator, Structural Engineer, Engineer Specialist, Technical Information Manager, Technical Writer, Technical Illustrator, Designer, Clerk/Typist, Airframe Structural Mechanic, Interior Installer and an Avionics Specialist.

(4) Identification of statutory authority permitting other than full and open competition.

The statutory authority permitting other than full and open competition is 10 U.S.C. 2304(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.

(5) Demonstration that the nature of the acquisition requires use of the authority cited.

The HC-144A MPA was designed, manufactured and integrated exclusively by Airbus Military in Seville, Spain. Airbus Military designed and built the HC-144A MPA utilizing Commercial Off-the-Shelf (COTS) components with certain exceptions. The HC-144A MPA structural design, electrical architecture, and overall system build is a product of Airbus Military. Only Airbus Military and its authorized distributor have the technical expertise to troubleshoot, repair, and train USCG personnel on unusual conditions that will be found on the HC-144A MPA. The data and services to be procured are only available from Airbus Military and EADS NA (authorized distributor), which owns all the rights to the proprietary data, specifications, and drawings.

EADS NA is the only authorized North American distributor for Airbus Military that can provide these services for the HC-144A MPA.

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

This procurement forecast is posted as DHS - Acquisition Planning Forecast System (APFS) No.

201202263 on http://apfs.dhs.gov. A Sources Sought Notice, HSCG38-12-S-010008, for HC-144A Sustaining Engineering Services, was issued on FEDBIZOPPS (FBO) on 28 March 2012 requesting that any parties interested in the acquisition, express their interest in writing to the Contracting Officer.

(7) Determination by the Contracting Officer that the anticipated cost to the government will be fair and reasonable.

The Contracting Officer will determine that the anticipated price(s) 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) Description of market research.

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. The HC-144A was designed, manufactured and integrated exclusively by Airbus Military, Seville, Spain, utilizing commercial off-the shelf (COTS) components with certain exceptions.

Contract HSCG38-09-D-010004 was awarded to EADS NA for sustaining engineering services. A sources sought was posted on FBO on 28 March 2012. Six companies showed interested in this requirement (see paragraph 10). MRS Technical Engineering team stated that the OEM is the only source that has access and the data rights to information that is needed for this requirement. Although the other companies can offer a generic engineering analysis, they cannot do an analysis as it pertains to the CN- 235-300 CG01 specific structure or components because they do not have access to proprietary information held by Airbus Military and EADS NA Only EADS NA, an authorized distributor, has the in-depth technical expertise to troubleshoot, repair and train USCG personnel on unusual conditions that will be found on the HC-144A aircraft.

(9) Any other facts supporting the use of other than full and open competition.

The HC-144A 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. On 14 June 2012, the USCG inquired with EADS NA about the purchase of the proprietary design and manufacturing data rights. EADS NA responded, “Proprietary OEM data and drawings are required to provide HC-144A Sustaining Engineering Services. The EADS Team has exclusive access to this data.

As such, no other providers of HC-144A Sustaining Engineering Services exist. EADS NA and our affiliates are not offering this data for sale.”

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

EADS NA, DLS Engineering Associates, Inc., Wyle Laboratories, Inc., Safe Inc., General Service Administration (GSA), and ETSC, LLC.

(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 required supplies or services.

The Coast Guard did not purchase the data as part of the initial system acquisition for the aircraft; 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. The Coast Guard Aviation Logistic Center is responsible for providing logistic support to all Coast Guard aviation assets.

The data for these components are proprietary to the OEM and therefore future competition for this effort is not known. In an effort to increase completion the HC-144A Division will continue conduct extensive internet data research and advertise procurements on FBO.

(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 ________________

DAVID E. TANNER Date Supervisory 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 accurate and complete.

SIGNATURE ON FILE ________________

A. CELLA, CDR, USCG Date Technical Representative

(14) Legal Review and Concurrence:

I have reviewed this justification and deemed it legally sufficient.

SIGNATURE ON FILE _________________

Attorney Date

APPROVAL:

DAVID S. BURGESS Date Chief of Contracting Office

KEITH O’NEILL

CG-9131, USCG Headquarters Date Procuring Activity Competition Advocate (PACA)