HSCG85-17-R-P45213_Attachment_3_JOTFOC_(redacted).pdf

HSCG85-17-R-P45213

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

HSCG85-17-R-P45213

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 enter into a contract on a basis other than full and open competition.

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

This is a brand name justification for work to be provided for the USCGC POLAR STAR Dry Dock Availability FY17 under Request for Proposal (RFP) HSCG85-17-R-P45213.

This justification covers the portion of the acquisition which an Original Equipment Manufacturer (OEM) authorized Facility/Manufacturer/Representative is required, as well as where only one product meets the operational needs of the USCGC POLAR STAR. The approval level requirements only apply to these portions. The total estimated cost of work and products associated with this justification is .

(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) 003, 007, 010, 011, 012, 017, 020, 021, 022, 023, and 041 for the USCGC Polar Star Dry Dock availability in fiscal year 2017.

A breakdown of the government estimate follows:

Prospective Work Item Brand Name Description

Estimated Total Price

International Paint / International Marine Coatings Materials: Hull Paint

007 Cooper Bearing

Bearing Manufacturer inspection of bearing and certification

010, 011, 012, 017 Thordon Bearing

Bearing Manufacturer Inspection of bearing and certification

Prospective Work Item Brand Name Description

Estimated Total Price

020 Harding Safety USA

Miranda Davit OEM Tech Rep required for Inspection and Certification of Davit

021, 022, 023 Allied Systems Co

Crane OEM Tech Rep required for Inspection and

Certification of Cranes

Syntron Material Handling

Syntron OEM Tech Rep for inspection, assembly, and installation of seals

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 U.S.C. 2304 (c)(1) as implemented by FAR Subpart 6.302-1 (c).

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

Due to the nature of the equipment, the sources for this justification sources are the only known sources to have the access to the proprietary data needed to certify these systems for operation. Any other source would not have access to the needed data, drawings and proprietary information needed to perform this work.

a) WI 03 U/W Body, Preserve (Partial)

The Coast Guard has determined that there is only one product that meets the performance requirements for use on the fleet of heavy ice breakers. The International Marine Coatings Intershield 163 Interta 160 is specifically designed for use on ice classed ships and ice breaking ships. The properties of the paint ensure the coating will not fail while the ship is operating in extreme and punishing environments of the Arctic and Antarctic waters. Premature failure of the hull paint will lead to hull steel wastage and reduce the ships ability to break ice.

b) WI 07 Centerline Propulsion Hub Removal and Reinstallation

The Original Equipment Manufacturer (OEM) for the vessel’s center line shaft line bearing is Cooper Bearing. The vendor is required to provide documentation with a Certificate of Approved training for the Cooper Bearing Model No. 03-EBCSPS- 2600-EXIG Double Bearing that is installed in the vessel. Factory authorized suppliers provide parts and proprietary technical data/drawings only available from the OEM. This maintains all OEM warranties and ensures equipment reliability and crew safety.

c) WI 10, 11, 12, 17 Propulsion Shafting Removal and Reinstallations, Rudder and Rudder Stock, Remove and Inspect

The Original Equipment Manufacturer (OEM) for the vessel’s stern tube and rudder pintle bearings is Thordon Bearing. The vendor is required to provide documentation as an authorized distributer of Thordon Bearings as well as providing an authorized Tech Rep to oversee the install and final measurements. Factory authorized suppliers provide parts and proprietary technical data/drawings only available from the OEM.

This maintains all OEM warranties, ensures equipment reliability, and crew safety.

d) WI 020 Miranda Davit, Biennial 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.

e) WI 21, 22, 23 Allied K280-70 Crane, 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.

f) WI 41 Propulsion Shaft Seal, Clean Inspect and Overhaul

The Original Equipment Manufacturer (OEM) for the vessel’s shaft seals is Syntron Material Handling. The shaft seals are a critical part that retains a water tight seal while allowing the shafts to rotate. Due to criticality of the parts, factory authorized suppliers provide parts and proprietary technical data/drawings only available to the OEM. This maintains all warranties, ensures equipment reliability, and crew safety.

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

The Government intends to post a synopsis and a Request for Proposal (RFP) at the Government Point of Entry, Federal Business Opportunities (FedBizOpps or FBO) website, with the intent of awarding a firm-fixed price contract. 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 will make a determination that the anticipated price(s) will be fair and reasonable based on expected competition among dry dock contractors. A price analysis will be performed to ensure a fair and reasonable price is obtained in accordance with FAR 15.4.

(8) Description of market research.

Through market research it was determined that multiple contractors are interested and believed capable for the USCGC POLAR STAR Dry Dock Availability FY17. Market research was conducted 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 and only OEM parts may be used for these critical work items.

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

Each of the companies listed is the current OEM and has the proprietary knowledge, design data and drawings to coordinate repairs on the specific systems onboard POLAR Class Cutters. Using parts or technical representatives other than those provided through, or certified by the OEM posses 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.

Multiple prime contractors have expressed interest in USCGC POLAR STAR Dry Dock Availability FY17.

(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 source emerges, the USCG will assess if competition for future requirements is feasible. For all other work items under RFP HSCG85-17-R-P45213, there are no restrictions limiting competition to only OEM or authorized service representatives or technicians.