JOTFOC__SPC-LE__33141.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

Pursuant to the requirement of Federal Acquisition Regulation (FAR) Part 13.5, Simplified

Procedures for Certain Commercial Items, the justification for the use of the statutory authority is supported by the following facts and rationale required under FAR 13.501(a)(1)(ii).

(1) Agency and Contracting Activity.

The Department of Homeland Security (DHS), United States Coast Guard (USCG), Surface

Forces 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 Other Than Full and Open Competition.

(2) Nature and/or description of the action being approved.

The Coast Guard Surface Forces Logistics Center has requested to complete emergency repairs to the Special Purpose Craft - Law Enforcement (SPC-LE) 33141 at the below listed Contractor's

Facility.

While underway conducting training, a CG 45' RBM came off the crest of a wave and collided with the port aft cabin top of 33141. This impact resulted in damage to the port aft cabin and shifted the aft section of the cabin top to the starboard side leaving the structural integrity of the cabin top in question, this also resulted in all three outboard engines being submersed in salt water.

Proposed Contractor(s): SAFE Boats International LLC, Bremerton WA

(3) Description of Supplies/Services.

Work Item 1: Engineering Time Labor

Work Item 2: Fabrication Labor

Work Item 3: Carpet-Bay Shore Marble P/N:

FNSH0001

Work Item 4: Grab-Rail Warap Tape 4" Black

Work Item 5: STRD House Back Window

Work Item 6: 3M Adhesive

Work Item 7: Consumables

Work Item 8: Fabricated Aluminum Parts

Work Item 9: 300 HP Verado Engine 25" Shaft

OBV300C3HD

Work Item 10: 300 HP Verado Engine

OBV300S3HD

Work Item 11: 300 HP Verado Engine

OBV300S4HD

Work Item 12: Aft Cabin Door

Work Item 13: Port Side Slider Door P/N: CBHWO366

Work Item 14: Stbd Side Sliding Door

Work Item 15: Port Side Sliding Window P/N:

CBHW0364

Work Item 16: Stbd Side Sliding Window P/N:

CBHW0365

The independent government estimate is $147,369.40

(4) Identification of statutory authority permitting use of other than full and open competition.

The statuary authority permitting other than full and open competition is 10 U.S.C.2394( c ) (1) and 41 U.S.C.1901 for the use of the Simplified Procedures for Certain Commercial Items, implemented by FAR 13.501.

(5) Demonstration that the nature of the acquisition requires use of the authority cited.

Safe Boats International, LLC is the sole Original Equipment Manufacturer (OEM) and builder of this platform. Safe Boats Inc. holds several patents pertaining to the design features and handling characteristics of the 33’ SPC-LEO platform. Safe Boats Inc. holds all rights to intellectually data and engineering drawings. Safe Boats International, LLC does not currently have or recognize any other facility as an authorized vendor for repairs of this magnitude.

(6) A description of the efforts made to ensure that offers are solicited from as many potential sources as is practicable.

Safe Boats International, LLC was contacted to obtain OEM authorized repair facilities. Safe

Boats Inc. responded in stating they do not currently have or recognize any other facility as an authorized repair facility for repairs of this magnitude.

(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 will be fair and reasonable based on information obtained from Safe Boats International LLC on previous repairs for same/similar repairs performed by Safe Boats International, LLC on USCG vessels, outside agencies and cross referenced with the independent government estimate.

(8) Description of market research.

Safe Boats International, LLC. was contacted to obtain OEM authorized repair facilities. Safe

Boats International, LLC responded in stating they do not currently have or recognize any other facility as an authorized repair facility for repairs of this magnitude. SBPL has determined that

Safe Boats International, LLC is the only repair facility that can accomplish these repairs. No further Market Research was conducted.

(9) Any other facts supporting the use of other than full and open competition.

Based on the information provided and condition of the vessel as stated above, this emergency situation limits the CG’s ability to solicit by full and open competition.

(10) A listing of the sources, if any, that expressed, in writing, an interest in the acquisition.

None known

(11) A statement of actions, if any, the agency may take to remove or overcome any barriers to competition before any subsequent acquisition for required supplies or services.

The CG will continually make all attempt to obtain the data rights for the 33’ SPC-LE’s.

(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 Date

(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.

Technical Representative/COTR Date

APPROVAL:

R. Keith Batchelor II

Section Chief, Contracting Officer