Signed_J&A_QJ00218_Redacted.pdf

Justification for Other Than Full and Open Competition Under l0 U.S.C.230a (cXl)

Only One Responsible Source and No Other Supplies or Services Will Satisly Agency Requi4ements

Solicitation Number: HSCG38-17-Q-J00218

Pursuant to the requirements of the Competition in Contracting Act and in accordance with the requirements of Federal Acquisition Regulation (FAR) 13.5, this justification is prepared under the authority of FAR 13.501. Use of FAR 13.501 is justified by the fbllowing facts and rationale using the format at FAR 6.303-2, modified to reflect an acquisition under the authority of Simplified Acquisition Procedures at 4l U.S.C. l90l .

(1) Agency and Contracting Activity The United States Coast Guard (USCG), Aviation Logistics Center (ALC), Medium Range Recovery (MRR) Product Line proposes to enter into a purchase order on a basis of other than full and open competition.

(2) Nature and/or Description of the Action Being Approved The USCG, ALC, MRR Product Line seeks approval to award a purchase order based on other than full and open competition, brand name basis. fbr the procurement of fbur (4) parts used on the H-60's Aircraft Diagnostic and Vibration Management System (ADVMS). The parts are manufactured by Honeywell International, Inc., the Original Equiprnent Manufacturer (OIiM).

However, there are OEM authorized sources that may be able to provide the required parts.

The purchase order value is estimated at A purchase order will be awarded in accordance with FAR Part 12, Acquisition of Comrnercial ltems and 13.5, Simplified Procedures for Certain Commercial Items for this requirement. The purchase order will utilize Acquisition, Construction, and Improvements (AC&l) FY 2015-201 9 funds for the services. The proposed Contractors are:

Honeywell lnternational Inc.

13475 Danielson Street, Suite 100 Poway, CA 92064-8858 Cage Code: lM8L7

Any other responsible source able to provide the brand name part numbers listed herein with full traceability to the OEM will also be considered for award.

(3) Description of Supplies/Services The USCG currently operates a fleet of fomy-five (45) H-60 rorary wing aircraft. l-his specialized, high demand, aircraft currently enables the USCG to perform missions such as search and rescue, law enforcement, international ice patrol. marine environmental protection, and marine resource conservation. With a demanding operational tempo, aircraft condition and availability are essential to mission success. This requirement is to purchase OEM brald name parts used on the ADVMS manufactured by Honeywell for use on the H-60.

The estimated total of the purchase order is The purchase order will contain four (4) Line ltems as shown in the following table:

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.Iustification for Other Than Full and Open Competition Under l0 U.S.C.230a (c)(1)

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

Solicitation Number: HSCG38-17-Q-J00218

(4) Identification of Statutory Authority Permitting Other than Full and Open Competition The statutory authority permitting other than full and open competition is 4l U.S.C. l90l (c), as implemented in FAR 13.501(a).

(5) Demonstration that the Nature of the Acquisition Require Use of the Authority Cited The USCG self certifies its aircraft in accordance with the standards established the Federal Aviation Administration (FAA) and promulgated in Code of Federal Regulations (CFR) Title 14.

The USCG will only procure parts, which have airworthiness approval. The CFR-fitle 14, Aeronautics and Space, PartZl, Certification Procedures for Products and Articles, governs the procedural requirements for issuing and changing design approvals, production approvals.

airworthiness certificates, and airworthiness approvals. l4 CFR 2l defines airworthiness approval as a document, issued by the FAA for an aircraft, aircraft engine, propeller. or article which ceftifies that the aircraft, aircraft engine, propeller, or arlicle conforms tt its approved design and is in a condition for safe operation.

Title l4 of the CFR Subpart K covers the procedures for the FAA Parts Manufacturer Approval (PMA). The FAA PMA process is acceptable for an alternate manufacturer tbr the parts listed in this requirement provided that the vendor submits a complete data package ensuring that the parl meets or exceeds OEM specifications and subsequently passes the USCG form, fit. and function requirements. To date, there are no known approved FAA PMA's for the parts listed irr this solicitation.

The FAA issued Advisory Circular (AC)20-62 to provide infbrmation and guidance for use in detennining the quality, eligibility, and traceability of aeronautical parts anJ materials intended for installation on United States type-certificated products and articles and to enable compliance with Title l4 of the CFR. The AC states that acceptable replacement articles should be identified using one of the following methods:

l) Airwonhiness Approval Tag (FAA Form 8130-3);

2) Foreign manufactured replacement parts when there is a Bilateral Airworthiness Agreement (BAA) between the country of manufacture and the United States. This

Line Item Part Number Description

Estimated

Quantity

I 239-2132-SA Dimmer. Datport 6

2 239-2270-FA Quick Access Record 6

-) 209-2160-FA Remote Control Head 6

4 239-2250-FA Modern Signal Probe 6

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Under l0 U.S.C.2304 (c)(l)

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

Solicitation Number: HSCG38-17-Q-J00218 certification may be verified on a form similar to the FAA Form 8130-3 (i.e. European

Aviation Safety Agency (EASA) Fonn One);

3) FAA Technical Standard Order (TSO) markings;

4) FAA PMA symbol;

5) Production Approval Holder's (PAH) docurnents or markings;

6) Direct ship authority. In order for manufactured pafts with direct ship authority to be recognized as being produced under a manufacturer's FAA production approval, the manufacturer must specifically authorize the shipping supplier, in writing, and must establish procedures to ensure that the shipped parls conform to the approved design and are in a condition for safe operation;

7) Maintenance release document;

8) ldentification of critical components; and

9) Marking of life-limited parts.

The AC also states that aircraft part distributors and aircraft supply companies cannot certify the airwothiness of the parts they advertise and/or sell, unless they are a PAH. Therefore, it is the installer's responsibility to ensure airworthiness and to request documentation establishing traceability to a PAH.

Parts provided that do not meet the CFR and FAA requirements could compromise structural and system integrity of the aircraft putting aircrew personnel and Government propeny at risk. The USCG neither compromises nor makes exceptions in matters of human safety and protection of Government property and does not accept lower standards in these matters. Use olbrand name OEM parts will ensure the parts are manufactured in accordance with OEM specilications and standards, conform to original form, fit, and function, and are compatible and interchangeable with existing components.

If this justification is not approved and consequently, the service is not provided, the USCC would be unable to operate its H-60 fleet. This would cause a severe degradation in the USCG's ability to conduct search and rescue, law enforcement, international ice patrol, marine environmental protection, and marine resource conservation, and various other missions.

(6) 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) Number F2017037741 on http://apfs.dhs.gov. published I August 2017 and was included in the

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Under 10 U.S.C.230a (c)(l)

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

Solicitation Number: HSCG38-17-Q-J00218

DHS Forecast of Small Business Opportunities. There were no inquiries received in response to the published APFS.

A combined synopsis/solicitation willbe advertised on the Federal Business Opportunities (FBO) website and in accordance with FAR 5.207(c)(l6Xi). the synopsis will include a statement that all responsible sources may submit a quotation which shall be considered by the agency. Should a quotation be received by an offeror other than Honeywell with evidence of having OEM authorization to provide the Honeywell manufactured items, the quotation shall be considered.

(7) Determination by the Contracting Officer that the Anticipated Cost to the Government will be Fair and Reasonable The Contracting Officer anticipates that the prices for this procurement will be fbund fair and reasonable by utilizing a combination of price analysis techniques to include: comparison of proposed prices to historical prices paid (FAR 13.106-3 (a)(2)(ii)), comparison to sirnilar iterns (FAR 13.106-3 (a)(2)(iv), and a comparison to the Independent Government Cost Estimate (FAR 13.106-3 (aX2Xvi)).

(8) Description of Market Research Market research completed between June 20ll and August 2017 consisted of interrret searches utilizing Federal Logistics (FEDLOG), General Services Administration (GSA) Advantage, Defense Logistics Agency's FEDMALL, and other Internet sites (Google search engine). lt was found that Honeywell is the OEM for the parts; however, there are often authorized distributors with the capability of providing the Honeywell parts. For this reason, this acquisition will be conducted on a brand name basis and any offeror able to provide the brand name parts with full traceability to the OEM will be considered.

These parts are commercial in nature and prevalent in private aviation, commercial aviation, and rnilitary aviation worldwide. Based upon the proprietary nature of the aircraft parts, it has been determined that Honeywell or a Honeywell authorized distributor is the only source of supply fbr these parts.

(9) Any other Facts Supporting the Use of Other Than Full and Open Competition The USCG does not own the necessary technical data required to support the manufacture of the required aircraft parts. The drawings and technical data are proprietary and available only from the OEM. The USCG did not purchase the rights as paft of the originalacquisition. Due to tlre proprietary rights, it will be difficult to take steps to fbster cornpetition.

(10) A Listing of the Sources, if Any that Expressed, in Writing, an Interest in the Acquisition No other sources have expressed interest in this acquisition. Any inquiries or responses received prior to the award of the purchase order will be evaluated by the Contracting Officer.

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Under l0 U.S.C.2304 (c)(1)

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

Solicitation Number: HSCG38-17-Q-J00218

(ll) A Statement of Actions, if any, the Agency May Take to Remove or Overcome Any Barriers to Competition Before Any Subsequent Acquisition for Supplies or Services Required At this time, for the reasons set forth in paragraphs 5. 8, and 9, the USCG does not possess the technical data required to foster full and open competition for the parts covered under this justification and approval. The USCG will continuously conduct market research to ensure that companies interested in doing business with the USCG are given every oppor-tunitv to compete fbr future USCG requirements. In an effort to increase competition, H-60 prograrn members intend to conduct internet database research and ensure procurements are advertised in FBO. If anotherpotential source emerges, andthe USCG is able to obtain the required technical data, the USCG will assess whether competition for any future requirements are feasible.

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Under l0 U.S.C. 230a (c)(l)

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

Solicitation Number: HSCG38-17-Q-J00218

(12) Contracting Officer's Certification:

I certify that the data supporting the recommended use of other than full and open cornpetition is accurate and complete to the best of my knowledge and belief.

(13) Technical/Requirements Personnel Certification:

I cerlify that this requirement meets the Government's minimum need and data, which forms a basis for the justification, is accurate and complete.

that the supporting

(14) Legal Review and Concurrence:

I have reviewed this justification and deemed it legally sufllcient.

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