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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. HSCG38-16-Q-010105

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 6.303-2 as follows:

(1) Agency and Contracting Activity The United States Coast Guard (USCG), Aviation Logistics Center (ALC), Medium Range Surveillance (MRS) Procurement Branch, Elizabeth City, North Carolina, proposes to enter into a contract on a basis of other than full and open competition.

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

The USCG, ALC, MRS seeks approval to award a firm fixed price contract on a brand name basis for the procurement of the avionics equipment necessary for the Ocean Sentry Refresh (HC-144B), an upgrade to the avionics systems of the HC-144A aircraft. These components are manufactured exclusively by Rockwell Collins who, as the Original Equipment Manufacturer (OEM), maintains all proprietary data rights needed to achieve compliance with Air Force Instruction 63-137 and AC No. 20-138D. The estimated contract value of this requirement is REDACTED. This requirement is considered commercial in nature and will be procured utilizing the procedures listed in Federal Acquisition Regulation (FAR) Part 12, Acquisition of Commercial Items in conjunction with FAR Subpart 13.5, Simplified Acquisition Procedures for Certain Commercial Items.

The proposed Contractor is: REDACTED Any other responsible source able to provide the brand name supplies listed below will also be considered for award.

(3) Description of Supplies/Services The HC-144B Ocean Sentry Refresh, referred to as HC-144B, is an upgrade to the avionics systems of the HC-144A aircraft. The avionics update provides the following features:

· Communication, Navigation, Surveillance/Air Traffic Management (CNS/ATM) compliance with Air Force Instruction 63-137

· Required Navigational Performance (RNP) / Area Navigation (RNAV) compliance with AC No. 20-138D

· Mode S

· 8.33 kHz Channel Spacing

· Flight Management System (CDU-7000)

· Wide Area Augmentation System (WAAS) Lateral Precision with Vertical guidance (LPV) Approach capability

· Mission Computer Interfaces

The USCG/ALC, Elizabeth City, North Carolina is seeking approval to procure the following Rockwell Collins parts and spares to support the HC-144 MPA.

This is a onetime purchase and will not be used for future purchases.

(4) Identification of the justification and the rationale.

The statutory authority permitting other than full and open competition is 10 USC 2304(c) (1) as implemented by the Federal Acquisition Regulation (FAR) 6.302-1“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 USCG currently uses Rockwell Collins components on the HC-144A. A recently completed software upgrade is used to operate the entire system. In addition, there are OEM components that are not being replaced that would not be compatible with other operating systems. The Government Data rights are insufficient for the purposes of soliciting vendors to manufacture and certify air worthiness aircraft components and piece parts. The USCG did not purchase the data as part of the initial system acquisition for the aircraft; as a result, it would not be possible to foster a competitive procurement effort. Complete specifications and drawings are not available and the cost to procure them is not easily quantifiable. The data for these components are proprietary to the OEM. Only parts that are certified by the Federal Aviation Administration (FAA), the European Aviation Safety Agency (EASA), or the Navy Naval Air Systems Command (NAVAIR) are considered air worthy and only the OEM has this certification for these components. Using parts other than the OEM’s would compromise the integrity of the aircraft’s airworthiness and would void any existing warranties.

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

This acquisition is forecasted in the Department of Homeland Security (DHS) Acquisition Planning Forecast System (APFS), number F2016031798 and can be found at https://www.apfs.gov.

In accordance with FAR 5.201, the intent to contract for components and sparing for avionics components for the HC-144B will be advertised on the Federal Business Opportunities (FBO). Any responsible vendor may submit a quotation; all responsible offers will be considered. If any responses are received as a result of this solicitation, the file will be documented accordingly and the requirement competed among all eligible offerors.

In addition, based on interest generated from the Sources Sought notice posted to FBO on March 16, 2016, and in accordance with FAR Subpart 8.4 – Federal Supply Schedules, the intent to contract sparing for some of the components listed above will be advertised on the General Services Administration (GSA) website. Any responsible offer will be considered.

(7) Determination by the Contracting Officer that the Anticipated Cost will be Fair and Reasonable.

The Contracting Officer anticipates that the prices for this procurement will be fair and reasonable based on price analysis utilizing a combination of price analysis techniques to include comparison of proposed prices to historical prices paid (FAR 13.106-3(a)(2)(ii)) and current published catalog prices (FAR 13.106-3(a)(2)(iii)).

(8) Description of Market Research.

Market research indicates only one of the above part numbers is listed in FedLog and USCG historical data reflects limited sources for new buy inquiries. A Sources Sought notice, HSCG38-16-S-010006, posted to FBO on March 16, 2016, yielded interest from one vendor, Davenport Aviation, with the ability to provide five of the Rockwell Collins components listed:

· 822-2654-010

· 822-1757-100

· 822-1059-111

· 822-2429-001

· 270-3422-010

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

The USCG does not own the data rights and does not anticipate purchasing these data rights; therefore, it would not be possible to foster competition as the manufacturing performance and acceptance data are proprietary and the USCG does not have adequate technical data to provide to potential offerors.

(10) A Listing of the Sources, if Any That Expressed, in Writing, an Interest in the Acquisition.

In response to the Sources Sought notice HSCG38-16-S-010006, Davenport Aviation Inc., 757 Adena Dr., Columbus, OH 43215, expressed an interest and the ability to supply five of the above listed components.

(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.

Absent unrestricted access to OEM data, there is little the USCG can do at this point to foster additional competition. The data rights for the Rockwell Collins components were not purchased when the HC-144 was purchased. Rockwell Collins has not shown an interest in selling, nor is it economically feasible, for the USCG to purchase the data rights for these Rockwell Collins components. The USCG will maintain open communications with Rockwell Collins and will continually conduct market surveys to identify possible additional sources that may eventually receive authorization to access Rockwell Collins drawings and specifications. However, granting access to this proprietary data is solely a Rockwell Collins business decision.

(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.

REDACTED

Date

Contracting Officer

(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.

Inventory Manager, Avionics

(14) Legal review and Concurrence:

I have reviewed this justification and deemed it legally sufficient.

Procurement Law Division (LSC-9E) USCG

Review:

Date Approval:

CG ALC CPACA

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