JA Yanmar Engine Parts Final _ Redacted.pdf

(e) Type of funding: Operations and Support funds

(f) Year of funding: Intend to use current year funds when individual delivery orders are issued.

(g) Solicitation number: 70Z04023Q56630B00

(h) Background information about the requirement: The USCG, SFLC, SBPL, has an ongoing requirement on a brand name basis for the supply of Original Equipment Manufacturer (OEM) Yanmar Engines and Engine Parts, which conform in every way to all OEM technical requirements of the parts currently installed on the 17’ CB-M, 23’ Zodiac, 22’ TPSB, 24’ (CB-OTH MKII, 23’ CB- OTH MKIII, and 27’ Spec SW II small boats.

3. Description of Supplies/Services.

This requirement is for the brand name acquisition of various Yanmar Engines and Engine Parts listed on Enclosure 1. These engines and engine parts are required to support the engines and engine systems installed onboard the 17’ CB-M, 23’ Zodiac, 22’ TPSB, 24’ (CB-OTH MKII, 23’ CB-OTH MKIII, and 27’ Spec SW II small boats utilized throughout the Coast Guard. As needed by SFLC, the vendor will provide new, genuine OEM parts that will be preserved, packaged and marked in accordance with Government specifications. No aftermarket or refurbished parts are permitted.

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 as outlined in FAR Subpart 13.501(a)(ii), as implemented by FAR 13.5 Simplified Acquisition Procedures for Certain Commercial Items.

5. Identification of Exception to the Buy American Act.

An exception to the Buy American statute permitting the purchase of articles that are not domestic end products is FAR 25.104 Nonavailable articles.

(a) The following articles have been determined to be nonavailable in accordance with 25.103(b)(1)(i): Spare and replacement parts for equipment of foreign manufacture, and for which domestic parts are not available.

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

This particular brand-name limitation is essential to the USCG’s requirement. Market research indicates other companies’ similar products, or products lacking the particular Original Equipment Manufacturer (OEM) configuration, do not meet, or cannot be modified to meet, the agency’s needs, which are to maintain the level of performance and reliability of the OEM Yanmar engines and engine parts. The USCG does not possess the technical data rights necessary to contract for the manufacture of replacement parts meeting OEM specifications nor does the USCG possess the technical data necessary to evaluate the conformance to requirements of non-OEM replacement engines and engine parts and to evaluate the performance and reliability offered by non-OEM replacement engines and engine parts. The Contracting Officer has verified with the OEM that any non-OEM distributor will lack the ability to purchase genuine OEM engines and engine parts from Yanmar.

Based on market research, the only companies that can satisfy this requirement are Yanmar or their authorized distributors.

7. Description of Efforts Made to Ensure that Offers are Solicited from as Many Potential Sources as is Practicable.

The Yanmar Engine and Engine Parts requirement was originally published in the Acquisition Planning Forecast System (APFS) 8/18/2021, and most recently re-published on 5/8/2023. The APFS number is F2021055762. No inquiries from industry were received.

In an effort to identify alternative sources, a Sources Sought Notice (SSN) was published to SAM.gov on 1/31/2023 and closed on 2/17/2023. This notice provided other possible sources the opportunity to provide their capabilities to supply OEM parts and specifications to obtain genuine Yanmar Engine and Engine parts. A courtesy notification email was provided to all potential sources identified by the COR, as well as to several small businesses identified using the Dynamic Small Business Search tool. The notice yielded (5) responses, detailed as follows: On 2/13/2023, Niemiec Marine provided a response. On 2/15/2023, Quality Defense Spares, Inc. and Mack Boring both provided responses. On 2/20/2023, Mastry Engine Center LLC provided a response. Incredible Supply & Logistics responded on 2/20/2023 after the close date of 2/17/2023, but still expressed interest in the requirement and their capability to supply the required OEM engine and engine parts. Four

(4) companies that responded are considered small businesses against anticipated NAICS 333618, size standard 1,500: Mack Boring, Incredible Supply & Logistics, Quality Defense Spares, and Niemiec Marine, Inc. Mastry Engine Center is currently considered a large business against NAICS 333618. However, they are certified as a small business against several NAICS codes with a lower Small Business size standard. An e-mail was provided to Mastry on 5/9/2023 requesting they review their qualifications as a small business against NAICS 333618 and to update their SAM registration accordingly.

8. Determination by the Contracting Officer that the Anticipated Cost to the Government will be Fair and Reasonable.

The Contracting Officer (KO) will determine the anticipated price(s) will be fair and reasonable based on comparison with the Independent Government Estimate (IGE), market research results, previous contract HSCG40-16-D-53020 and other available acquisition history of Yanmar engine and engine parts. In addition, price competition amongst the contract holders will occur at the delivery order level.

9. Description of Market Research.

a) Market research, as prescribed in FAR Part 10, was conducted from July 2022 to May 2023 by the Contracting Officer’s Representative (COR), Contract Specialist and Contracting Officer. Not only does the COR have extensive experience with the Yanmar engines and engine parts utilized on these Coast Guard small boats, but he also conducted internet searches to look for other sources that could provide engines and engine parts to satisfy this requirement. Only Yanmar and their authorized distributors have access to the required technical data to successfully fulfill the needs of this requirement.

b) A request for technical data rights was placed on 2/27/2023 for this requirement. No response was received. A follow-up email requesting data rights was sent to Yanmar on 5/1/2023, again with no response received. Market research indicates there will be competition amongst the authorized resellers for this requirement.

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

None.

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

Mack Boring and Parts, Co.

245 Belmont Drive Somerset, NJ 08873-1217

Niemiec Marine, Inc.

173 Popes Island New Bedford, MA 02740

Incredible Supply & Logistics (ISL) 5721 Thurston Avenue Virginia Beach, VA 23455

Quality Defense Spares Inc.

3479 High Ridge Road Boynton Beach, FL 33426

Mastry Engine Center, LLC 5400 118th Street Saint Petersburg, FL 33710-2909

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.

The USCG will continue to pursue the technical data rights necessary to make a determination if there are additional manufactures that would meet the requirements of the government.