FBOJ A.pdf

Limited Source Justification

Multiple Award Schedule Program Only One Source is Capable of Responding

HSCG38-15-Q-500016

This acquisition is conducted under the authority of Section 201 of the Federal Property and Administrative Services Act of 1949 (40 U.S.C.50 1) Multiple Award Schedule Program FAR 8.401 and is justified by the following facts and rationale required under FAR 8.405-6 (b) (1) as follows:

(1) Agency and Contracting Activity.

The United States Coast Guard (USCG), Aviation Logistics Center (ALC), Engineering Services Division (ESD), Elizabeth City, North Carolina proposes to enter into a Blanket Purchase Agreement (BPA) under a federal supply schedule contract on the basis of other than full and open competition.

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

The USCG has a requirement on a limited source basis for Self-Locating Data Marking Buoys (SLDMBs) to support the fleet during Search and Rescue (SAR) Missions at an estimated cost of $0.00.

The proposed contractor is:

MetOcean Data Systems (MetOcean) Cage Code 0EC85 21 Thornhill Dr Dartmouth, Nova Scotia B3B 1R9 GSA Contract Number GS-07F-6083R

(3) Description of Supplies/Services.

SLDMBs are unique buoys integrated into the USCG’s Search and Rescue (SAR) operations. The SLDMBs are equipped with Global Positioning Satellite (GPS) sensor; sea surface temperature sensor;

air temperature sensor and battery voltage readings. Upon deployment in freshwater or saltwater, the SLDMBs transmit this data per a specified reporting scheme. These buoys provide data directly to the USCG’s Search and Rescue Optimal Planning System (SAROPS). They can also be used to mark the location of objects in the water. The buoys transmit their GPS position to SAROPS.

It is anticipated that one (1) BPA against a General Services Administration (GSA) Schedule will be negotiated and awarded, consisting of one (1) one-year base period and four (4) one-year option periods.

The estimated total of the base year plus all options is $0.00 broken down as follows:

Period Total Base Period $0.00

Option Period One $0.00 Option Period Two $0.00 Option Period Three $0.00 Option Period Four $0.00

GRAND TOTAL $0.00

Only One Source is Capable of Responding

The following is a break-down of the SLDMBs for this requirement.

Listing of the SLDMBs being Procured (Base Period)

PN DESCRIPTION MFGCC U/I

1 ISLDMB-FAT-AS-DATA-SP iSLDMB 0EC85 EA

2 SLDMB-07-100 SLDMB2 0EC85 EA

(4) Identification of the justification and the rationale.

This acquisition is being conducted under the authority of the Multiple Award Schedule Program in accordance with FAR 8.405-6 limited sources justification and approval. In accordance with FAR 8.405-6 (b) (1), only one source is capable of responding due to the unique or specialized nature of the item being procured.

This requirement is anticipated to be awarded to the Original Equipment Manufacturer (OEM), MetOcean. MetOcean is the only known company that can provide SLDMBs compatible with the current USCG format.

MetOcean owns the proprietary rights to this equipment and will not release this data per email dated 31 July 2015. The SLDMBs are fully certified by the USCG. The SLDMBs has a shelf life of up to thirty six (36) months. The SLDMBs provided by MetOcean improves the USCG’s Computer Assisted Search Planning (CASP) for SAR missions by providing real time position source data thus saving lives and reducing overall mission-related costs.

A situation involving a shortage of SLDMBs could increase the time required to complete a successful SAR mission. Not only would this result in a decreased effectiveness of the USCG’s ability to execute missions, it could also result in an increased loss of life.

(5) Determination by the ordering activity Contracting Officer that the anticipated BPA represents the best value consistent with 8.404(d).

The Contracting Officer determines that the anticipated prices will be fair and reasonable based on published commercial catalog prices and historical prices paid by the Government for the same or similar items. The Contracting Officer has determined that issuing the proposed BPA to procure the SLDMBs represents the best value and will result in the lowest overall cost alternative, considering price and administrative costs to meet the Government’s needs. This BPA will be placed in accordance with FAR 8.404 - Use of Federal Supply Schedules; the General Services Administration (GSA) has already negotiated fair and reasonable pricing. The Contracting Officer will ask for additional discounts to MetOcean’s current published catalog prices.

Only One Source is Capable of Responding

(6) A description of the market research conducted among schedule holders and the results or a statement of the reason market research was not conducted.

A search was conducted on GSA Advantage for the part numbers listed in Section 3 on 15 July 2015.

Results confirmed that MetOcean is the only known vendor that can provide the SLDMBs that interface with the USCG SAROPS and meets all the specification requirements required by Commandant Instruction M16130.2E. This requirement was posted to Acquisition Planning Forecast System (APFS).

APFS number is F2015025858.

(7) Any other facts supporting the justification. NONE

(8) A statement of actions, if any, the agency may take to remove or overcome any barriers that preclude the agency from meeting the requirements of 8.405-1 and 8.405-2 before any subsequent acquisition for the supplies or services is made.

As stated previously, the necessary manufacturing drawings, data, and special tooling are proprietary and available only from the OEM. The USCG did not purchase the technical data rights as part of the original acquisition. As the Aviation 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. Although the procurement of technical data and associated rights could perceivably remove the barriers to competition, the efforts explored by the Government to acquire technical data and associated rights have been ineffective due to MetOcean’s expressed business decision to maintain exclusive rights to the proprietary data and to not make it available to the USCG or other vendors.

Only One Source is Capable of Responding

(9) 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 Contracting Officer, ESD

(10) 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 the justification, is accurate and complete.

Date Technical Representative, ESD

Legal Review and Concurrence.

I have reviewed this justification and deemed it legally sufficient.

Attorney Date

APPROVAL:

Date

USCG ALC

Command Procuring Activity Competition Advocate (PACA)