JA_HC-27J-MLG_Spares-FBO.doc

Justification for Other Than Full and Open Competition

Under 41 U.S.C. 1901 Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements Solicitation No. HSCG38-17-Q-N00042 Pursuant to the requirements of the Competition in Contracting Act (CICA) as implemented by the Federal Acquisition Regulation (FAR) Subpart 13.5 and in accordance with the requirements of FAR 13.501, the justification for the use of the statutory authority under FAR Subpart 13.5 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) Product Line (HC-27J), Elizabeth City, NC, 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, MRS Procurement Branch seeks approval to award a firm fixed price purchase order on a sole source basis to Heroux-Devtek, the Main Landing Gear (MLG) Original Equipment Manufacturer (OEM). This will be for the purchase of a left and right MLG assembly and associated parts. This effort supports regeneration, maintenance and scheduled Programmed Depot Maintenance (PDM) of the HC-27J aircraft. Heroux-Devtek is the OEM for all the requested parts within this request.

(a) Type of action: Firm Fixed-Price Purchase Order

(b) Amount:

(c) Type of funding: AC&I

(d) Year of funding: 2017 The proposed contractor is:

Heroux-Devtek Attn:

8 Pembroke Court

Manor Park

Runcorn, WA7 1TG

Phone: 00441928530602

Email:

(3) Description of Supplies/Services.

The proposed contract action is for purchase of MLG assemblies and associated parts in support of the HC-27J aircraft. The anticipated action will have an estimated total contract value of $ to be funded with FY2016 AC&I funds (expires FY2020). This requirement will be awarded as a purchase order in accordance with FAR Part 12 Acquisition of Commercial Items and 13.5 – Simplified Procedures for Certain Commercial Items.

(4) Identification of Statutory Authority Permitting Other Than Full and Open Competition.

The statutory authority permitting other than full and open competition is 41 U.S.C. 1901(c), as implemented in Federal Acquisition Regulation (FAR) 13.501 (a), “Sole source acquisitions”.

(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 Title 14, Aeronautics and Space, Part 21, Certification Procedures for Products and Articles, governs the procedural requirements for issuing and changing design approvals, production approvals, airworthiness certificates, and airworthiness approvals. 14 CFR 21 defines airworthiness approval as a document, issued by the FAA for an aircraft, aircraft engine, propeller, or article which certifies that the aircraft, aircraft engine, propeller, or article conforms to its approved design and is in a condition for safe operation.

Title 14 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 for the parts listed in this requirement provided that the vendor submits a complete data package ensuring that the part meets or exceed 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 in this solicitation.

(6) Description of Efforts Made to Ensure that Offers are Solicited from as Many Potential Sources as is Practicable.

In accordance with FAR 5.201, the Government’s intent to award a purchase order for the MLG assemblies and associated parts will be posted to the Government Point of entry (GPE), Federal Business Opportunities (FBO). Any responses received prior to award of this procurement will be considered by the Contracting Officer.

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

The Contracting Officer will evaluate all quotations in accordance with FAR 13.106-3.

(8) Description of Market Research.

The market research consisted of reviewing the OEM pricing with lead time information. Research was conducted using the On line DOD EMALL and FedLog with negative results. Likewise, market research focused on identifying new sources of supply for the components covered under this J&A, but also resulted negative. In addition, the following online (WEB) sources were reviewed; Haystack, Inventory Locator Service, Federal Logistics Data, and Federal Business Opportunities, all which supported the initial market research that showed no alternate supply sources identified.

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

In response to USCG solicitation HSCG23-17-D-N50005, The 2014 National Defense Authorization Act (NDAA) authorized the transfer of fourteen HC-27J aircraft from the United States Air Force (USAF) to the USCG. In accordance with the congressionally mandated requirements associated with the transfer of those aircraft, the USCG must procure the spare parts, components, and supplies required to fully standup and support the HC-27J APO. The USAF did not purchase data rights as part of the acquisition of the HC-27J aircraft. As a result, the USCG cannot foster full and open competition for this effort, as the manufacturing, performance, and acceptance data are proprietary, and the USCG does not possess adequate and appropriate technical data to provide to potential offerors.

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

To date, only the OEM, Heroux-Devtek has responded to requests for information. Any responses received prior to the award of this procurement will be evaluated by the Contracting Officer.

(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.

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 supplies covered under this J&A. The USCG will continuously conduct market research to ensure that companies interested in doing business with the USCG are given every opportunity to compete for future USCG requirements. In an effort to increase competition, HC-27J program members intend to conduct internet database research and ensure procurements are advertised in FBO. In addition, the USCG will investigate the feasibility of purchasing technical data from the OEM. If another potential source emerges, and the USCG is able to obtain the required technical data, the USCG will assess whether competition for any future requirements are feasible.

(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.

Date

Contracting Officer

(13) 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.

HC-27J Supply Cell Item Manager

(14) Legal Review and Concurrence:

I have reviewed this justification and deemed it legally sufficient.

Procurement Law Division (LSC-9E) USCG

(15) Concurrence

Chief of Contracting, USCG, ALC

(16) Approval

ALC CPACA, CG-91