JOTFOC Defense Maritime Services Inc REDACTED.pdf

March 8, 2023 Version

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

SIMPLIFIED ACQUISITION PROCEDURES (SAP) FAR 13.106-1(b)

SOLICITATIONS MAY BE LIMITED TO ONE SOURCE ONLY IF THE CONTRACTING OFFICER DETERMINES THAT ONLY ONE SOURCE IS REASONABLY AVAILABLE. THIS DETERMINATION MUST BE SUPPORTED WITH FULL JUSTIFICATION FOR SOLE SOURCE FROM THE CUSTOMER. WHEN THE CUSTOMER DESCRIBES AN ITEM WITH A PURCHASE DESCRIPTION WHICH LIMITS THE AVAILABILITY TO ONE SOURCE, THE JUSTIFICATION MUST EXPLAIN WHY THE ITEM IS THE ONLY ONE THAT WILL MEET THE GOVERNMENT’S REQUIREMENT. STATEMENTS SUCH AS "ONLY KNOWN SOURCE" OR "ONLY SOURCE WHICH CAN MEET THE REQUIRED DELIVERY DATE" ARE INADEQUATE TO SUPPORT A SOLE SOURCE PURCHASE.

PURCHASE REQUEST OR REQUISITION

NUMBER

PROJECT/TASK

NUMBER

VM-P-SAH

ESTIMATED AMOUNT (Over Micro-Purchase Threshold, but up to the SAT)

CITE AUTHORITY & JUSTIFICATION TYPE – READ FAR 6.302 TO DETERMINE APPROPRIATE TYPE

10 U.S.C. § 3204(a)(1)

ONLY ONE RESPONSIBLE SOURCE AND NO OTHER SUPPLIES OR SERVICES WILL SATISFY

AGENCY REQUIREMENTS.

☐ 10 U.S.C. § 3204(a)(2) UNUSUAL AND COMPELLING URGENCY

10 U.S.C. § 3204(a)(3)

INDUSTRIAL MOBILIZATION; ENGINEERING, DEVELOPMENTAL, OR RESEARCH CAPABILITY; OR

EXPERT SERVICES

☐ 10 U.S.C. § 3204(a)(4) INTERNATIONAL AGREEMENT

☐ 10 U.S.C. § 3204(a)(5) AUTHORIZED OR REQUIRED BY STATUTE

☐ 10 U.S.C. § 3204(a)(6) NATIONAL SECURITY

☐ 10 U.S.C. § 3204(a)(7) PUBLIC INTEREST [SECRETARY OF HOMELAND SECURITY NEEDS TO APPROVE THIS DOC]

BRIEF DESCRIPTION OF SUPPLIES OR SERVICES REQUIRED, AND THE INTENDED USE

Shaft Seat, 378'USCG, 530 MOD 20.1/8" MA P/N: H70160-02 QTY two (2) each.

Major Overhaul Kit USCG 378' MX9, US70160-02, 20.125" P/N: JCL001178-000 QTY two (2) each.

Shaft Seat and Major overhaul kits for the U.S. Coast Guard (USCG) decommissioned 378’ vessel transferred to Vietnam under a foreign military sales case VM-P-SAH.

UNIQUE CHARACTERISTICS THAT LIMIT AVAILABILITY TO ONLY ONE SOURCE, WITH THE REASON NO OTHER SUPPLIES OR

SERVICES CAN BE USED.

Wartsila is the OEM manufacturer of these items, and they are only available through their subsidiary Defense Maritime Solutions, Inc.

Wartsila Defense/Defense Maritime Solution is the only source that possesses the required capabilities, drawings, specifications, engineering control procedures and proprietary methods to ensure the configuration, manufacturing and quality control required to produce the parts are to the proper engineering specifications and requirements. Using other than OEM parts could cause failure to occur; degradation to the vessels primary mission could result in the loss of life and property or failure to meet Vietnamese Coast Guard operational commitments. Inferior quality parts, parts that do not fit or are not fully compatible with the equipment being repaired would not only delay the already expensive repair, but could further degrade the reliability, functionality of the equipment being repaired, degrade the reliability and drastically shorten the meantime between failures of this equipment. Reverse engineering has not been pursued. Without drawings and tolerances, risky assumptions must be made as to clearances and tolerances required between the various moving parts. Further complicating the reverse engineering process, there is no way of telling whether the OEM part being reverse engineered has been manufactured on the high side or low side of the allowed tolerance. Without this critical information, the resultant reverse engineered parts could cause damage or failure to the equipment in which they are installed.

A DESCRIPTION OF EFFORTS MADE TO ENSURE THAT QUOTATIONS OR OFFERS ARE SOLICITED FROM AS MANY

POTENTIAL SOURCES AS PRACTICABLE (INCLUDE YOUR MARKET RESEARCH EFFORTS HERE).

The USCG has previous contacted the OEM, when the 378’s were commissioned, and requested the rights to the technical information in the effort solicit more sources, with no success.

REASON THAT SUGGESTED SOURCE IS THE ONLY SOURCE WHICH CAN PROVIDE THE SUPPLIES OR SERVICES.

The OEM is the owner of all reproduction manufacturing drawings, specifications, and other technical data pertaining to the parts were not purchased when the original equipment procured, and unsuccessful attempts have been made to procure the data rights. Further, the scope of manufacturing, special tools and equipment required to manufacture the various parts are unknown. The technical data that is needed is proprietary.

https://www.acquisition.gov/far/part-6#FAR_6_302 https://www.govinfo.gov/link/uscode/10/3204 https://www.govinfo.gov/link/uscode/10/3204 https://www.govinfo.gov/link/uscode/10/3204 https://www.govinfo.gov/link/uscode/10/3204 https://www.govinfo.gov/link/uscode/10/3204 https://www.govinfo.gov/link/uscode/10/3204 https://www.govinfo.gov/link/uscode/10/3204

March 8, 2023 Version

EXPLAIN WHY AN ADEQUATE PURCHASE DESCRIPTION OR OTHER INFORMATION SUITABLE TO SOLICIT BY FULL AND OPEN

COMPETITION HAS NOT BEEN DEVELOPED OR ARE NOT AVAILABLE.

The government does not possess the technical data and/or drawings pertaining to the manufacturing of the parts, which are proprietary.

Therefore, the government does not have any data to compare other manufacturer’s parts to ensure the same fit, form and function nor does government possess the independent expertise to evaluate other manufacturer’s parts.

PROVIDE A STATEMENT OF ACTIONS, IF ANY, THE GOVERNMENT MAY TAKE TO REMOVE OR OVERCOME ANY BARRIERS TO

COMPETITION BEFORE FUTURE ACQUISITIONS ARE REQUIRED.

None. This is the last vessel of this type to be refitted by the USG. If there were future acquisitions planned the USG could negotiate a FFP for future sales.

SIGNATURE AND TITLE OF CUSTOMER

Anjulie Haynes, Case Manager

CODE

CG-922

TELEPHONE NUMBER

202-475-3035

DATE

4/9/2024

SIGNATURE OF CONTRACTING OFFICER

Micha Wisniewski, Contracting Officer

CODE

CG-9123

TELEPHONE NUMBER

202-475-3711

DATE

4/9/2024