JA_Welin Lambie Davit Contract Support Services REDACTED.pdf

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

41 U.S.C. § 1901

In compliance with Federal Acquisition Regulation (FAR) 13.501(a)(ii), this justification uses the format at FAR 6.303-2 and is modified to state that the procedures in FAR subpart 13.5 are used.

1. Agency and Contracting Activity.

The Department of Homeland Security (DHS), United States Coast Guard (USCG), Surface Forces Logistics Command (SFLC), Norfolk, Va. prepared this Justification for

Other Than Full and Open Competition.

2. Nature and/or Description of the Action being Approved.

(a) Nature of the action: USCG intends to procure on a sole source basis:

Original Equipment Manufacturer (OEM) technical representative support for the Welin Lambie TW.PIV 5.0B davits.

(b) Name and address of the contractor:

Fairbanks Morse, LLC

701 White Ave, Beloit, Wisconsin 53511-5447

(c) Type of action: Firm Fixed-Price Contract

(d) Estimated total value (including options):

Period Unit Price Total

Base

06 mo.

$398,367.20

$398,367.20

(e) Type of funding: Operations and Support funds

(f) Year of funding: Fiscal Year 2024

(g) Solicitation number: 70Z08024Q00006400

(h) Background information about the requirement: These services were previously acquired under contract 70Z08018DP4535300 utilizing other than full and open competition from Welin Lambie Limited. The period of performance for the previous contract was June 12, 2018, through June 11, 2023. Overhaul and manufacture of davits, purchase of stock parts and kits were also included on this contract.

CLAyers Text Box

3. Description of Services.

The requirement includes OEM certified technical representative support of the Welin

Lambie TW.PIV 5.0B davits.

The davit systems are mission critical. The davits are required to be operationally reliable, fully functional, and safe for use in any sea state. The davit systems must provide flexible, operational capability to launch the cutter small boats whenever needed, without notice. Not maintaining and servicing the capabilities of the davit systems would prevent the USCG from preforming critical missions. The impact of poorly maintained, unsafe, or non-operational davit systems cannot be overstated.

Technical representatives are required to provide remote and on-site support for davit work required that is beyond the capability of the USCG personnel. Support can be provided via both telephone/email and on-site technical support for unscheduled repairs. Technical support includes but is not limited to either remote or on-site discrepancies support for the davit systems at any potential site where the USCG is present; maintaining the davit overhaul and training programs; inspecting and commissioning in-place overhaul or renewal of davits; conducting visits to cutter homeports to verify system configuration and conditions; maintaining serial-tracked davit configuration database; alerting USCG and disseminating advisories and service bulletins related to the davit systems and developing failure solutions for the davits.

4. Identification of Statutory Authority Permitting Other Than Full and Open

Competition.

The statutory authority permitting other than full and open competition is 41 U.S.C. § 1901 implemented by FAR Subpart 13.501(a) sole source (including brand name) acquisitions as defined in FAR 2.101.

5. Identification of Exception to the Buy American Act.

Not applicable.

6. Demonstration that the Proposed Contractor’s Unique Qualifications or the Nature of the Acquisition Require Use of the Authority Cited.

Fairbanks Morse, LLC has submitted in writing that they are the sole source provider with no authorized distributors that can provide OEM parts or OEM support. Fairbanks Morse purchased Welin Lambie Ltd. in December 2021 incorporating Welin Lambie as a wholly owned subsidiary under Fairbanks Morse, LLC. As a result, Fairbanks Morse is now the sole design authority and the OEM of the dual point davit and its component parts. They do not have any authorized dealers, distributors, or repair facilities, making them the sole source for maintenance parts kits, overhaul parts kits, spare parts for inventory, overhauls of existing davits and technical support as well as the only source with unlimited access to proprietary information of OEM drawings, specifications, manuals, special tooling, software/hardware updates, and other technical data needed to manufacture, overhaul, and upgrades to support the davits.

7. Description of Efforts Made to Ensure that Offers are Solicited from as Many

Potential Sources as is Practicable.

A sources sought notice was posted to SAM.gov on 11/27/203 with no responses received identifying potential sources other than Fairbanks Morse. The sources sought notice stated that all responsible sources may submit a proposal or capability statement which shall be considered by the agency. The solicitation will be posted on SAM.gov. Should a proposal be received from an offeror other than Fairbanks Morse with evidence of having OEM authorization to provide technical representative services, the proposal will be considered, however, based on the information provided by the OEM, it is not anticipated any sources other than Fairbanks Morse will respond to the solicitation. Fairbanks Morse also stated in their response that they are not interested in selling any technical data rights to the USCG.

An Acquisition Planning Forecast (APFS) record was posted to the APFS website on

11/03/2023. No inquires or responses have been received in response to the APFS record.

8. Determination by the Contracting Officer that the Anticipated Cost to the

Government will be Fair and Reasonable.

The Contracting Officer will determine that the anticipated prices to be fair and reasonable based on price analysis in accordance with FAR Subpart 13.106-2 utilizing a combination of price analysis techniques to include: comparison of proposed prices to historical prices paid, current catalog prices, and an analysis (if required) of other than certified cost and pricing data.

9. Description of Market Research.

Market research as prescribed in FAR Part 10 was conducted by the Contracting Officer’s

Representative (COR). The internet was searched for a list of contractors that possessed the necessary technical data, drawings, manufacturing data and specifications that could provide

OEM certified technical representatives. The market research showed that only Fairbanks

Morse possesses these capabilities. The manufacturer or authorized agents are the only ones that have access to OEM technical information and any and all updates made to that information which would aid them in their capability to service, inspect, and repair Welin

Lambie Davits. The purchase or use of other than OEM support services could result in davit failures.

10. Any Other Facts Supporting the Use of Other Than Full and Open Competition.

Fairbanks Morse will not disclose their drawings, specifications, and proprietary rights. The

USCG does not possess technical data that would provide for competition for this requirement. Consideration of any other manufacturer or outside service representatives would not be cost effective because it would require additional funds to redesign and re-engineer the entire davit system and replace all primary components. The USCG also does not currently possess the required technical knowledge base to fully support these davits or the test stand, special tooling and access to software updates required to service them.

11. A Listing of the Sources, if Any, that Expressed, in Writing, an Interest in the

Acquisition.

A sources sought notice was issued on SAM.gov on 11/27/2023 requesting that parties express their interest in writing to the contracting officer. Only Fairbanks

Morse responded.

12. 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 Required.

Efforts must continue to be made to support the davits due to their current installation on USCG cutters. It is anticipated that future procurements will continue to be made with

Fairbanks Morse unless they authorize additional sources to provide technical support. Fairbanks Morse included in their email that they are the sole provider with no authorized distributers or dealers that can provide OEM parts or OEM support.

13. 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.

____________________ 11/28/2023_________

Christina L. Ayers Date

Contracting Officer

14. 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.

Peter Pilla Date

Technical Representative/COR

Approval:

Christina L. Ayers Date

Contracting Officer