Yanmar_JOTFOC.pdf

Solicitation Number HSCG-14-R-52005

Justification for Other than Full and Open Competition Under 10 U.S.C. 2304(c)(1)

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

Brand Name Justification

Solicitation Number HSCG40-14-R-52005

Pursuant to the requirements of the Competition in Contracting Act (CICA) as implemented by FAR Subpart 6.3, and in accordance with requirements of FAR 6.303-1, the use of the statutory authority under FAR Subpart 6.3 is justified by the following facts and rationale required under FAR 6.302-1 as follows:

1. AGENCY AND CONTRACTING ACTIVITY:

The Department of Homeland Security, U.S. Coast Guard Surface Force Logistics Center (SFLC), Small Boat Product Line (SBPL), located at 2401 Hawkins Point Road, Baltimore, MD 21226 proposes to enter into a contract on a basis of other than full and open competition.

2. NATURE/DESCRIPTION OF THE ACTION:

The SFLC has a requirement for the acquisition of engine parts for the Yanmar engines installed aboard the USCG CB-OTH MK II-23’ Zodiac, CB-OTH MK III-23’ Zodiac, CB-M-17’Zodiac, and the SRP-23” Zodiac non-standard Coast Guard small boats. The estimated value of this procurement is $ over a five-year period. It is intended to award a requirements contract with fixed price delivery orders consisting of one base year and four option years to Yanmar America Corporation, 101 International Parkway, Adairsville, GA, or an authorized dealer.

3. DESCRIPTION OF SUPPLIES/SERVICES:

This requirement is for the acquisition of new engine parts related to the Yanmar engines for the USCG CB-OTH MK II-23’ Zodiac, CB-OTH MK III-23’ Zodiac, CB-M-17’Zodiac, and the SRP-23” Zodiac.

The estimate for this requirement is:

Calendar Year Base/Option Total 2014 Base $ 2015 1st Option $ 2016 2nd Option $ 2017 3rd Option $ 2018 4th Option $

Total $

4. IDENTIFICATION OF STATUTORY AUTHORITY PERMITTING OTHER THAN

FULL AND OPEN COMPETITION:

The statutory authority permitting other than full and open competition is 10 USC 2304(c) (1) implemented by FAR Subpart 6.302-1entitled “Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements,” paragraph (c), “Application for Brand Name Descriptions.”

5. DEMONSTRATION THAT THE NATURE OF THE ACQUISITION REQUIRES USE

OF AUTHORITY CITED:

The USCG CB-OTH MK II-23’ Zodiac, CB-OTH MK III-23’ Zodiac, CB-M-17’Zodiac, and the SRP-23” Zodiac boats are “Cutter boats” for various Coast Guard cutter classes. Without fully functioning cutter boats, Coast Guard cutters cannot satisfy required “safe-to-sail” criteria and are generally unable to sail. In addition, these boats are critical to the Coast Guard’s underway search and rescue missions as well as drug enforcement missions throughout the USCG AOR. Sailing without a functioning Cutter boat could place the crews in harm’s way possibly causing injury or death.

The limitation to procure only OEM parts must be enforced. The use of unauthorized parts that are not manufactured in accordance with original configuration, specifications, materials, tolerances, etc., could cause equipment failure rendering these boats unable to complete critical mission requirements and place the crew in hazardous situations possibly causing injury or death.

The Coast Guard does not possess the technical data required to evaluate non-Yanmar parts.

Compatibility with current equipment can only be guaranteed if parts are obtained through the OEM or their authorized parts dealers/distributors.

Yanmar or their authorized dealers/distributors are the only source(s) that possess the required capabilities, drawings, specifications, engineering control procedures and proprietary methods to ensure the latest design configuration, manufacturing and quality control required to manufacture these parts to latest engineering specifications and requirements. All technical data and/or drawings pertaining to the manufacturing of the parts are proprietary to Yanmar. Therefore the Government does not have any data, or the internal expertise, to compare other manufacturer’s parts to ensure the same fit, form, and function.

6. DESCRIPTION OF EFFORTS MADE TO ENSURE THAT OFFERS ARE

SOLICITED FROM AS MANY POTENTIAL SOURCES AS DEEMED PRACTICLE:

In accordance with FAR Subpart 5.2, in an effort to solicit as many potential sources as practical, a sources sought notice was posted to FBO on January 6th, 2014 advising industry that it is the Government’s belief that only Yanmar or its authorized dealers/distributors possessed the necessary technical data to successfully manufacture these parts. The notice allowed fifteen (15) calendar days for potential sources to demonstrate their ability to manufacture these parts to OEM specifications. Five sources responded to this notice; Mack Boring, W.W. Williams, and Mastry Engine Systems, Cummins Crosspoint, LLC, and Boatswain’s locker all of which are authorized dealers/distributors for Yanmar.

7. DETERMINATION BY THE CONTRACTING OFFICER THAT THE

ANTICIPATED COST TO THE GOVERNMENT WILL BE FAIR AND REASONABLE:

The Contracting Officer determines that the anticipated price(s) will be fair and reasonable based on comparisons to the independent government estimate, as well as potential competition amongst authorized Yanmar dealers/distributors.

8. DESCRIPTION OF MARKET RESEARCH:

Extensive market research was conducted by the Contracting Officer’s Representative (COR) between June 1, 2013 and September 30, 2013. This research included a search of the internet for a listing of Yanmar distributors who could supply these items. Additional market research was conducted by the Contract Specialist in December 2013. While other commercial sources may exist in the marketplace, none were found that were capable of performing this contract other than Yanmar or their authorized dealers/distributors. This contract is a follow on to an expired contract: HSCG40-10-D-K50050 which covered the procurement of new Yanmar parts.

9. ANY OTHER FACTS SUPPORTING THE USE OF OTHER THAN FULL AND

OPEN COMPETITION:

The parts to be procured under this acquisition are the original equipment configuration. Using inferior non-tested or non-approved parts will jeopardize the mission of these boats and place the crews in harm’s way, possibly causing injury or death. The Coast Guard does not possess any manufacturing data for these parts that would facilitate the procurement of these parts from other than Yanmar or their authorized dealers/distributors. Further, the scope of manufacturing, special processes, special tools and equipment required to manufacture the various parts and components is unknown. The use of only OEM parts will ensure that components are sufficient to enable physical and functional interchangeability as well as identifying source, size, configuration, mating and attachment characteristics, functional characteristics, and performance requirements that are essential in the planning and execution of small boat missions.

10. LISTING OF SOURCES, IF ANY, THAT EXPRESSED, IN WRITING, AN

INTEREST IN THE ACQUISITION:

Five companies responded to the sources sought notice published in FBO.gov. All companies were interested in receiving the solicitation when it was released.

Mack Boring 2365 US Highway 22 West Union, NJ 07083-8517

Ph: 908-964-0700 x221 Web: www.mackboring.com Small Business

W.W. Williams 835 West Goodale Boulevard Columbus, OH 43212 Ph: 614-716-0438 Web: www.wwwilliams.com Small Business

Mastry Engine Center 2801 Anvil Street N.

St. Petersburg, FL 33710 Ph: 727-522-9471 Web: www.mastry.com Small Business

Cummins Crosspoint, LLC 3621 West Morris Street Indianapolis, IN 46241 Ph: 800-792-3557 Web: http://www.crosspoint.cummins.com/index.html Small Business

Boatswain’s Locker 931 W 18th St, Costa Mesa, CA 92627 Ph: (949) 642-6800 Small Business

11. STATEMENT OF ACTIONS, IF ANY, THE AGENCY MAY TAKE TO REMOVE

OR OVERCOME ANY BARRIERS TO COMPETITION BEFORE ANY SUBSEQUENT

ACQUISITIONS FOR SUPPLIES OR SERVICES:

Maintenance parts for Yanmar diesel engines will continue to be an on-going need for the Coast Guard. Replacement of these parts with non-OEM parts cannot be considered because the Coast Guard does not own any technical data and cannot evaluate alternative parts. Although the Coast Guard does not currently own the required drawings, specifications, etc., to evaluate other than OEM parts, the Government will continue to make all attempts to obtain this data for future acquisitions.

On January 6, 2014 attempts were made to obtain the data rights from the OEM but they refused our request.

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.

Toni Pehrson Contracting Officer

TECHNICAL/REQUIREMENTS PERSONNEL CERTIFICATION: I certify that this requirement meets the Government’s minimum needs and that the supporting data, which forms a basis for this justification is complete and accurate to the best of my knowledge.

Kenneth Brickell, COR SFLC Small Boat Product Line

LEGAL REVIEW AND CONCURRENCE: I have reviewed this justification and deemed it legally sufficient.

Richard Robison USCG, Procurement Law Attorney

APPROVALS:

Barbara Kuklinski Chief of Contracting Office

M. J. HAYCOCK, CAPT

SFLC Command Procuring Activity Competition Advocate (CPACA)

Digitally signed by PEHRSON.

TONI.JEAN.1234668419

Date: 2014.02.06 15:42:05 -05'00'

BRICKELL.KENNETH.

B.1273015627

Digitally signed by BRICKELL.KENNETH.

B.1273015627 DN: c=US, o=U.S. Government, ou=DoD, ou=PKI, ou=USCG, cn=BRICKELL.KENNETH.B.1273015627 Date: 2014.02.06 15:53:35 -05'00'

ROBISON.RICHARD.

B.1173855040

Digitally signed by ROBISON.RICHARD.

B.1173855040 DN: c=US, o=U.S. Government, ou=DoD, ou=PKI, ou=USCG, cn=ROBISON.

RICHARD.B.1173855040

Date: 2014.02.06 14:37:16 -08'00'

KUKLINSKI.

BARBARA.

M.1267424787

Digitally signed by KUKLINSKI.BARBARA.

M.1267424787 DN: c=US, o=U.S. Government, ou=DoD, ou=PKI, ou=USCG, cn=KUKLINSKI.

BARBARA.M.1267424787

Reason: I have reviewed this document Date: 2014.03.10 09:56:09 -04'00'

Digitally signed by HAYCOCK.

MICHAEL.J.1089952898

DN: c=US, o=U.S. Government, ou=DoD, ou=PKI, ou=USCG, cn=HAYCOCK.MICHAEL.

J.1089952898 Date: 2014.03.10 16:13:25 -04'00'