HEALY_DS_FY17_JA_Rev._2__Redacted.pdf

Justification and Approval Rev. 2

HSCG85-17-R-P45008

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 subpart 6.3 and in accordance with the requirements of FAR 6.303-1, the justification for the use of the statutory authority under FAR subpart 6.3 is justified by the following facts and rationale required under FAR 6.303-2 as follows:

(1) Agency and Contracting Activity.

The Department of Homeland Security (DHS), United States Coast Guard (USCG), Surface Forces Logistics Center (SFLC), Long Range Enforcement Product Line (LRE PL) proposes to direct a prime contractor on the CGC HEALY Dock Side FY17contract to order directly from Original Equipment Manufacturers (OEM) as per the specifications.

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

This is a brand name justification for work to be provided for the USCGC HEALY Dockside Availability FY17 under Request for Proposal (RFP) HSCG85-17-R-P45008.

This justification is covering the portion of the acquisition which an Original Equipment Manufacturer (OEM) authorized Facility/Manufacturer/Representative is required. This justification also covers where only one product meets the operational needs of the USCGC HEALY. The approval level requirements only apply to these portions. The total estimated cost of work associated with this justification is $182,400.00. This justification covers the following subcontractors:

Allied Systems Co. Deck Cranes 2300 Oregon Street Sherwood, OR, 97140

Harding Safety USA (Washington) 2415 T Avenue Suite 204 Anacortes, WA 98221

Exxon Mobil Corporation 22777 Springwoods Village Parkway Spring TX 77389

Alfa Laval 5400 International Trade Drive Richmond, VA 23231

[Rev2]

Adrick Marine Group 581 Cidco Rd.

Cocoa, FL, 32936

Dante Valve Company 15230 Lakewood Blvd.

Bellflower, CA 90706

(3) Description of Supplies/Services.

The USCG requires the use of OEM or authorized service representatives and parts to accomplish the requirements of Work Items (WI) 001, 002, 003, 013, 014, 015, 030, 034 and 035 for the USCGC HEALY Dockside availability in fiscal year 2017.

A breakdown of the government estimate follows:

Prospective Work Item(s) Contractor Description

Estimated Total Price

001, 002 Alfa Laval Purifier Tech Rep and

Parts $20,000

003 Harding Safety USA

Miranda Davit OEM Tech Rep required for

Inspection and Certification of Davit $13,000

013, 014, 015 Allied Systems Co

Crane OEM Tech Rep required for Inspection and Certification of Cranes $62,400

013, 014, 015 Exxon Mobil Corporation Industrial Lubricants $10,000

030 Dante Valve Co

Overhaul of Pressure Relief Valves by OEM authorized facility $35,000

034, 035 Adrick Marine Group Refrigeration Unit

OEM $42,000

TOTAL $182,400

(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, “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.

Due to the nature of the equipment, the aforementioned subcontractors are the only contractors to have access to proprietary data needed to certify these systems for operation. Any other contractor would not have access to the needed proprietary information (i.e., data and drawings) to perform this work. Details are provided per work item below:

a) WI 01, 02 Purifier Overhauls

These work items require the oversight by the OEM or factory authorized tech rep for overhaul of the system. Additionally, only a factory authorized tech rep will have access to the proprietary data and specialty tools needed to complete the maintenance.

b) WI 03 Miranda Davit, Inspection and Test

This work item is an annual regulatory requirement by the USCG in accordance with COMDTINST M9000.6. This item requires the oversight by the OEM or factory authorized tech rep for annual recertification in accordance with Technical Publication 4668 and NSTM 583. Additionally, only a factory authorized tech rep will have access to the proprietary data and specialty tools needed to complete the certification and maintenance.

c) WI 13, 14, 15 Cranes, Annual Inspect and Repair

This work item is an annual regulatory requirement by the USCG in accordance with COMDTINST M9000.6. This item requires the oversight by the OEM or factory authorized tech rep for annual recertification in accordance with Technical Publication 4979 and NSTM 589. Additionally, only a factory authorized tech rep will have access to the proprietary data and specialty tools needed to complete the certification and maintenance.

d) WI 13, 14, 15 Cranes, Annual Inspect and Repair

The brand name specific oils/lubricants are the only approved oils and lubricants for use on the these Cranes in accordance with NSTM 579, Technical Standard 579 and the crane specific technical publications. Substitution of other oils/lubricants could cause an adverse reaction with the oil already in the system and potentially cause equipment damage or endanger operators of this critical safety lifting equipment.

e) WI 30 System Relief Valves, 5-Year Certification

This work item requires the oversight by the OEM or factory authorized facility for overhaul of Danco Pressure Relief Valves, owned by Dante Valve Co. Additionally, only a factory authorized facility will have access to the proprietary data and specialty tools needed to complete the maintenance.

f) WI 34, 35 Refrigeration Plants, Install New

These work items require the oversight by the OEM or factory authorized tech rep for installation of the new system. Additionally, only a factory authorized tech rep will have access to the proprietary data and specialty tools needed to complete the installation and maintain the warrantee on the new equipment being provided as GFE.

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

This pertains to the overall acquisition of the CGC HEALY Dock Side FY17. An Acquisition Planning Forecast Record number F2016032491 was posted at http://apfs.dhs.gov.

Additionally, as required by FAR Subpart 5.2 a sources sought notice was posted on the Federal Business Opportunities (FedBizOpps) site on July 13, 2016 detailing the work and notifying industry of the future acquisition. It also invited vendors with the expertise and required knowledge for this work to submit information discussing such capabilities. The notice closes on August 02, 2016.

A Request for Proposal (RFP) will be issued on the Government Point of Entry, FedBizOpps website, with the intent of awarding a firm-fixed price contract. This Justification and Approval will be posted with the solicitation on the FedBizOpps website.

Any prospective contractor will be required to use OEM or OEM authorized vendor(s) as a subcontractor to perform the work in the related WIs.

(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 prices will be fair and reasonable based on comparisons with the Independent Government Estimate and previous acquisition history with CGC HEALY dock sides. Price analysis will be performed to ensure a fair and reasonable price is negotiated in accordance with FAR 15.404.

(8) Description of market research.

Market research was conducted by the project manager to determine if there were any other viable resources available to meet the needs of this justification; however, due to the proprietary nature of the systems involved only the OEM certified technical representatives will be capable of performing the service required. All prime contractors will be required to order services and/or supplies from the identified OEMs in the specifications.

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

Each of the contactors listed in this Justification and Approval are the current OEM and have the proprietary knowledge, design data and drawings to coordinate repairs on the specific systems onboard CGC HEALY. Using other than the technical services and parts provided through the OEM would pose an unacceptable risk of catastrophic failure to this system.

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

The following three companies responded with interest to the Sources Sought Notice in performing the dockside:

1. Federal Marine & Defense Services (small disadvantaged business) 8000 5th Ave S

Seattle, WA 98108 POC: Rockland Becker, FederalNoaaa@aol.com

(206) 322-5529 Phone

(206) 322-5534 FAX

Their SDB certification expires on 12Aug16.

2. North Point Marine & Industrial, Inc. (small business) PO Box 1388 Portsmouth, NH 03802

POC: Jennifer M. Gregor, jen@northpointmarine.com

(207) 329-4631 Cell

3. Puget Sound Repair, Inc . (small business) PO Box 80244 Seattle, WA 98108

POC: Jim Shreve, jimpsrinc@gmail.com

(253) 255-1676 Phone

(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.

For reasons set for in Paragraph 5, the USCG has no plans at this time to allow prime contractors to solicit these requirements competitively. If another potential source emerges, the USCG will assess whether competition for future requirements is feasible.

For all other work items under RFP HSCG85-17-R-P45008, there are no restrictions limiting competition to only OEM or authorized service representatives or technicians.

*Note: Entire Signature page is redacted. The signature page was the last page of this Justification and Approval document.