Finalized_J A _Test_Sets_Redacted.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

Procurement of H65 Test Sets Solicitation Number: HSCG38-16-Q-500021

Pursuant to the requirements of the Competition in Contracting Act as implemented by Federal Acquisition Regulation (FAR) 6.3 and in accordance with the requirements of FAR 6.303-1, the justification for the use of the statutory authority under FAR 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), Engineering Services (ESD), Elizabeth City, North Carolina proposes to enter into a purchase order on the basis of other than full and open competition.

(2) Nature and/or Description of the action being approved:

The USCG, ALC, ESD seeks approval to award a purchase order based on other than full and open competition for the procurement of test sets as identified in paragraph three. The Original Equipment Manufacturer (OEM) of these parts is Sagem Avionics. Sagem Avionics maintains the proprietary data rights for the manufacture of the test sets. For this reason, Sagem Avionics is the only source capable of providing the required test sets.

It is anticipated that a firm-fixed price purchase order will be awarded. The estimated purchase order value is

The proposed contractor is:

Sagem Avionics, LLC 2802 Safran Dr Grand Prairie, TX, 75052-8187 Cage Code: 003T0

(3) Description of Supplies/Services:

This requirement is to purchase the test sets utilized on the USCG H-65 aircraft on a firm-fixed price purchase order. The estimated purchase order is . The following table lists the parts that will be purchased as part of this acquisition.

Line Local Stock Number (LSN)

Part Number Nomenclature QTY

1 4920-01-HS1-9210 418-65037-004 TEST SET,ACT/TRIM/FEEL 7

(4) Identification of the Justification and the Rationale:

The statutory authority permitting other than full and open competition is 10 U.S.C. 2304(c) (1) as implemented by FAR 6.302-1 Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements.

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 equipment was designed by Sagem Avionics in conjunction with the MH65 aircraft manufacturer, Airbus Helicopters. The test sets are uniquely designed and manufactured to perform tests and set-up for maintenance and installation of flight safety critical aircraft components, MH65 Series Actuators and Trim/Feel units. This is the only equipment that can be used to ensure the aircraft’s continuous airworthiness of these peculiar components.

As the OEM, Sagem Avionics considers all specifications and drawings for these items proprietary. They will not release the drawings or data rights to the USCG for the purpose of reverse engineering nor will they allow another company to duplicate their designs to re-manufacture under different part numbers.

In order to maintain structural integrity of the aircraft and ensure complete compatibility of replacement parts, the test sets listed in this requirement must be obtained from the OEM or an OEM approved source. Use of OEM parts will ensure the parts are manufactured in accordance with OEM specifications and standards, conform to original form, fit, and function, and are compatible and interchangeable with existing components. For these reasons, it is critical to the safety of our flight crews to procure only the Sagem Avionics authorized parts.

(6) A Description of the Efforts made to ensure that offers are solicited from as many potential sources as is practicable:

This procurement is forecasted in Department of Homeland Security (DHS)-Acquisition Planning Forecast System (APFS) No. F2016031903 at www.apfs.dhs.gov.

A combined synopsis/solicitation will be advertised on the Federal Business Opportunities (FBO) website and IAW FAR 5.207(c)(16)(ii) the solicitation will include a statement that all responsible sources may submit a quote or capability statement which shall be considered by the agency. Should a quote be received by an offeror other than Sagem Avionics with evidence of being able to provide the items or OEM authorization to provide the items, the quote shall be considered. However, based on the market research results, it is not anticipated any sources other than Sagem Avionics will respond to the solicitation.

(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 a 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)).

http://www.apfs.dhs.gov/

Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements

(8) Description of the Market Research:

Sagem Avionics is the OEM for the test sets being procured. Market research was completed March 3, 2016 through March 31, 2016. Federal Logistics (FEDLOG1), General Services Administration (GSA) Advantage, Department of Defense (DOD)-Emall, and North Atlantic Treaty Organization (NATO) were searched and no additional information was obtained regarding these test sets. Inventory Locator Mart (ILS), a website used to locate difficult to find parts, was also used to see if other distributors had the test sets available. No inventory was found to be available at the time of the search, which further supports that no other distributors are able to provide these test sets. The procurement was also forecasted in APFS. No other company has contacted the USCG to request information on the APFS entry.

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

The USCG did not purchase data rights as part of the initial system acquisition of the H-65 aircraft and therefore; manufacturing, performance, and acceptance data is proprietary to the OEM. Procurement history indicates that no other source has manufactured these items with the same or similar characteristics in the past. Any other source would require access to the most current revisions of OEM manufacturing data. In addition, the USCG does not possess adequate technical descriptions for release to new sources. Due to the maturity of the H65 aircraft, the cost to procure data rights, presuming they would be made available, would be cost prohibitive.

(10) A Listing of 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 Sagem Avionics 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 Required Supplies or Services:

As stated in paragraph five (5) the OEM will not sell the data rights to any of their parts which has limited the USCG’s ability to provide adequate technical descriptions to potential new sources. Therefore, it is difficult to take steps to foster competition as the manufacturing, performance, and acceptance data are proprietary to the OEM. The USCG will continue market research efforts for future procurements.

1 The Federal Logistics (FEDLOG) is a federally supported program which lists all manufacturers/suppliers by cage code and is updated monthly. This program provides a valuable tool for supplier information and is utilized by requirements personnel to determine if alternate sources of supply exist. Information is accessed by National Stock Number, Nomenclature, item name, supplier name and cage code.

Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements

(12) Contracting Officer’s Certification I certify that the data supporting the recommended use of other than full and open competition 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.

(14) Legal Review and Concurrence:

I have reviewed this justification and deem it legally sufficient.

(15) Approval: