FOB_J A_MMR.docx

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 Procurement of spare parts utilized on the HC-144 Aircraft

SOLICITATION NO. HSCG38-16-Q-010163

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 Division, 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 Division seeks approval for other than full and open competition for the acquisition of spare parts as identified in paragraph three (3) to support the HC-144 Aircraft. The Original Equipment Manufacturer (OEM) is Rockwell Collins. It is anticipated that a firm-fixed price Purchase Order will be awarded. The estimated price for this requirement is $REDACTED.

The proposed Contractor is:

Rockwell Collins Cage Code: 334511 400 Collins Rd. NE Cedar Rapids, IA, 52498

(3) Description of Supplies/Services This activity seeks approval to procure the following Rockwell Collins parts and spares to support the HC-144.

(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 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 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. Using parts other than the OEM’s would compromise the integrity of the aircraft’s airworthiness and would void any existing warranties.

In order to ensure complete compatibility of the spare parts listed in this requirement, they must be obtained from the OEM. Use of OEM parts will ensure the parts are manufactured IAW OEM specifications and standards, conform to original form, fit, and function, and are compatible and. For these reasons, it is in the USCG’s best interest and in the interest of the safety of our flight crews to procure only Rockwell Collins authorized parts.

(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 2016034797 and can be found at https://www.apfs.gov. IAW with FAR 5.201, the intent to purchase these spare parts will be advertised on the Federal Business Opportunities (FBO) website as a combined synopsis solicitation under streamlined acquisition procedures for commercial items utilizing FAR Part 12.6 and 13.5. Any responsible vendor may submit a proposal; 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.

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

It is the Contracting Officer’s opinion that prices offered will be determined fair and reasonable prior to contract award, based on public price list and similar like item prices.

(8) Description of Market Research.

Market research indicates part number, 822-1591-130, is not listed in FedLog. Internet searches revealed that the component is not available through any other distributors or manufacturers other than the OEM. GSA, Ability One and Google websites were searched and no additional information was obtained regarding these parts.

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

The spare parts to be procured under this acquisition are highly specialized parts, designed and manufactured by a non-Government activity and the technical data required for acquisition by other than the Original Equipment Manufacturer (OEM) is not available. Rockwell Collins is the prime contractor and OEM. The MRS Engineering Officer has determined that the required parts are critical for flight and has assigned an Acquisition Method Code (AMC) of 3 or 5 and Acquisition Method Suffix Codes (AMSC) of C, Q, or R. In accordance with DoD 4100.39 (series) Volume 10, Table 71, an AMC of 3 or 5 require the purchase of the items from the actual manufacturer or prime contractor only. An AMSC of C, Q, or R stipulates that the part requires engineering source approval by the design control activity in order to maintain the quality of the part or the data or rights to use the data needed to purchase this part from additional sources are not owned by the Government.

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

A combined synopsis/solicitation will be submitted to FBO upon approval of this document. To date, there have been no inquiries regarding this requirement. Any responsible offer received from a Rockwell Collins approved source will be considered.

(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 component were not purchased when the HC-144 MPA 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.

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.

REDACTED Date MRS Projects Manager

(14) Legal review and Concurrence:

I have reviewed this justification and deemed it legally sufficient.

Approval:

Contracting Officer