Enclosure_I_Sole_Source_Justification-_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

Pursuant to the requirements of the Competition in Contracting Act (CICA) as implemented by FAR 6.3 and in accordance with the requirements of FAR 6.302-1, the justification of only one responsible source and no other supplies or services will satisfy agency requirements. Authority under 10 U.S.C. 2304 (c)(1).

(1) Agency and Contracting Activity.

The Department of Homeland Security, United States Coast Guard (USCG), proposes to enter into a contract on a basis other than full and open competition for Gravois Aluminum Boats / Metal Shark proprietary parts.

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

The USCG has a requirement to purchase parts that are proprietary to Gravois Aluminum Boats / Metal Shark to support various USCG small boats including the 24 foot special craft-shallow water (24SPC-SW), 26 foot trailerable aids-to-navigation boat (26TANB), and 29 foot response boat-small (29RBS).

GRAVOIS ALUMINUM BOATS, LLC / METAL SHARK

6814 E Admiral Doyle Dr.

Jeanerette, LA 70544-6510 337-364-0777

(3) Description of Supplies/Services.

The requirement is to provide thirty-eight (38) different parts with various quantities to support various USCG small boats including the 24SPC-SW, 26TANB, and 29RBS at a total estimated cost of -.

NSN Nomenclature PN

016038327 SENSOR, FUEL TANK 10568A

016133632 SHEATH, PORT 13890D

016133710 FENDER, MARINE 13890F

016133760 SHEATH, STBD 13890E

016133762 FENDER, MARINE 13890G

016133769 BOW COVER 13890H

016133827 FENDER SET 13890A

016218490 REEL, CABLE 22008A

016218492 TREAD NONMETALLIC NONSKID 13893A7

016218494 TREAD, NONMETALLIC, NONSKID 13893A1

016218495 TREAD NONMETALLIC NONSKID 13893A2

016280961 PORT BOW RAIL 12009A

016320405 LIGHT, NAVIGATIONAL, MARINE 10044A

016325473 CONSOLE WIPER KIT 10018A

016407836 WINCH ASSY 12772A

016415096 ZINC PLATE ANODE 10240A

16448359 RETAINER BUOY DOOR 10303A

016448364 FLOODLIGHT ELECTRIC 81418VC

016449415 INDICATOR DIGITAL DISPLAY 69688

016486267 TOW REEL ASSEMBLY 20069A

016489939 TANK FUEL ENGINE 21105A

016238200 WINDOW, MARINE 15342A

016238195 WINDOW, MARINE 15343A

200077815 LATCH SET, MORTISE 16710A

200077817 HINGE, BUTT 16706A

200077827 STRIKE, CATCH 16705A

200078119 GASKET 16709A

200079521 WINDOW, MARINE 15348A-P

200079869 FRAME, WINDOW 15398E

200079871 FRAME, WINDOW 15350D

200079872 FRAME, WINDOW 15352E

200079879 FRAME, WINDOW 15350E

200079881 FRAME, WINDOW 15398D

200080344 WINDOW, MARINE 15352B

200080346 WINDOW, MARINE 15352C

200080347 WINDOW, MARINE 15350B

200080350 WINDOW, MARINE 15398C

200080351 WINDOW, MARINE 15398B

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

The statutory authority permitting other than full and open competition is 10 U.S.C. 2304 (c )(1) as implemented by FAR Subpart 6.302-1, entitled “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 above listed boats are designed to utilize all parts listed on the government estimate.

Anything other than these parts will not conform to the vessels form, fit, and function, thus, will not work with the current equipment in place. The boats listed in the description are used for various functions throughout the Coast Guard including law enforcement, aids to navigation, and search and rescue. These boats play a crucial role in day-to-day activities for stations all over the country and require OEM equipment that adheres to the form, fit, and function for each boat.

Any part that is non-OEM could result in costly repairs, inability to complete missions, and/or put the crew’s safety at risk, especially during foul weather. GRAVOIS ALUMINUM BOATS, LLC / METAL SHARK is the only known source that posses the required capabilities, drawings, specifications, engineering control procedure, and proprietary methods to ensure proper configuration, manufacturing, and quality control required to produce parts to the required specifications and requirements for each boat.

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

In accordance with FAR Subpart 5.2, in an effort to solicit as many potential sources as practical, a sources sought notice was posted on FedBiz Opps on January 27, 2017 [seeking other possible sources. The notice also advised] industry that it is the Government’s belief that the parts are manufactured specifically for the above listed boat classes and that the proprietary rights are held only by Gravois Aluminum Boats / Metal Shark. The notice provided other possible sources fifteen calendar days to respond to the notice and provide their capabilities to provide these parts and components OEM specifications and to obtain genuine Gravois Aluminum Boats / Metal Shark brand parts. No other source responded to the sources sought notice.

(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 prior acquisition history and price analysis in comparison to the Government’s independent estimate.

(8) Description of market research.

Extensive market research as prescribed in FAR Part 10 was conducted by the Contracting Officer’s Representative (COR). The COR researched several Internet website and Government databases. While other parts exist within the commercial market place, they are not compatible with the existing configurations of the CG small boats and parts are not compatible. Any non- OEM parts will not conform to form, fit, and function which creates a high-risk, which may result in costly repairs, inoperable assets, and/or placing the crews safety in jeopardy, especially during foul weather

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

The parts required for the USCG small boats are of the original equipment configuration as per Gravois Aluminum Boats / Metal Shark. The significance for keeping the configuration during the entire acquisition period cannot be stressed enough; using non-OEM parts on the small boats will create a high-risk situation potentially placing the crew and boat in harm’s way during operations in heavy seas or possible injury or death due to non-conforming to form, fit, and function. The Coast Guard does not possess any manufacturing data for these parts, components or equipment that would facilitate the procurement of these parts from anyone other than Gravois Aluminum Boats / Metal Shark. Further, the scope of manufacturing, special processes, special tools and equipment required to manufacture the above parts, components and equipment is unknown. The use of the only OEM parts will ensure that components and processes are sufficient to enable physical and functional interchangeability, as well as identifying source, size, configuration, mating and attachment characteristics, functional characteristics, and performance requirements. The specific small boats lines are designed specifically to operate with the parts listed on the government estimate. Any other parts will not conform to fit, form, or function of the current mechanical system/equipment in place. In the acquisition phase of these boats the Coast Guard acquired all possible technical and proprietary data it could gather. Metal Shark has declined in the past to release proprietary data to the Coast Guard. The COR will continue to conduct market research in the attempt to locate vendors that can satisfy the needs of the Coast Guard, including a requirement for manufacturer’s engineering/manufacturing drawings, detailed parts list, design or testing procedures, and other relevant information concerning this item.

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

At this time, the OEM, Gravois Aluminum Boats / Metal Shark, is the only source. No other source responded to the sources sought notice and the OEM is the only source that has been providing the parts to the United States Coast Guard.

(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.

These parts for the listed small boats will continue to be an on-going need for the Coast Guard.

Replacement of these parts cannot be considered for reasons stated earlier in this justification.

Although the Coast Guard does not currently own the required drawings, specifications, etc., to evaluate other than OEM parts, the Government will make all attempts to obtain this data for future acquisitions. It is not anticipated that any future requirements can be competed on a full and open competition.

SPARR.THOMAS.F.

NNA.J.1045239051

(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.

Digitally signed by

TILLMAN.ALLEN.A.II.1120135577

DN: c=US, o=U.S. Government, ou=DoD, ou=PKI, ou=USCG, A.II.1120135577 cn=TILLMAN.ALLEN.A.II.1120135577 Date: 2017.04.13 08:54:36 -04'00' 04/13/2017

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.

Digitally signed by SPARR.THOMAS.F.1271327826 DN: c=US, o=U.S. Government, ou=DoD, ou=PKI, ou=USCG, cn=SPARR.THOMAS.F.1271327826

1271327826 Date: 2017.04.13 08:57:41 -04'00'

Technical Representative/COR Date

(14) Legal Review and Concurrence:

VIGIL

DOMBECK.MONICA.J.12711

83824

Digitally signed by VIGIL

DOMBECK.MONICA.J.1271183824

DN: c=US, o=U.S. Government, ou=DoD, ou=PKI, ou=USCG, cn=VIGIL DOMBECK.MONICA.J.1271183824 Date: 2017.05.03 15:11:57 -07'00'

3 May 2017

Attorney Date

(15) One Level Above Contracting Officer Review and Concurrence:

WIEDMANN.SUSA

Digitally signed by

WIEDMANN.SUSANNA.J.1045239051

DN: c=US, o=U.S. Government, ou=DoD, ou=PKI, ou=USCG, cn=WIEDMANN.SUSANNA.J.1045239051 Date: 2017.05.26 13:06:06 -04'00'

Susanna Wiedmann, C&P3 Branch Chief Date

APPROVAL:

Digitally signed by

VINING.DRENA.SHAVOUN.1288644698

DN: c=US, o=U.S. Government, ou=DoD, VOUN.1288644698 ou=PKI, ou=USCG, cn=VINING.DRENA.SHAVOUN.1288644698 Date: 2017.06.21 07:58:18 -04'00'

Contracting Officer Date

TILLMAN.ALLEN.

VINING.DRENA.SHA