Justfication and Approval for Other Than Full and Open Competition.pdf

April 2019

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

Xxxxxxx x

0156-GN01

PROJECT/TASK

NUMBER

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

$89,295.75

IDENTIFICATION OF THE AGENCY AND THE CONTRACTING OFFICE, AND SPECIFIC IDENTIFICATION OF THE DOCUMENT AS A “JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION.” PLEASE CITE THE AUTHORITY AND TYPE OF JUSTIFICATION.

The United States Coast Guard (USCG), Aviation Logistics Center (ALC), Engineering Services Division (ESD) anticipates the award of a firm-fixed price purchase order on a brand-name basis. This justification for other than full and open competition is submitted for approval in accordance with (IAW) Federal Acquisition Regulation (FAR)

6.303-1(a) using the authority in FAR 6.302-1(c) – only one responsible source and no other supplies or services will satisfy agency requirements.

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

ESD intends to purchase the item shown in the table below on a brand-name basis and require that vendors provide traceability to the Original Equipment Manufacturer (OEM) if they are not the OEM or an authorized distributor of the OEM. Any resultant order will include FAR clause 52.217-6 for the possible purchase of additional quantities as specified.

Quantity

Optional Quantity

Part Number (PN)

National Stock Number (NSN)

Nomenclature

2 each up to 3 each 16860 4330-01-162-9308 Air Operated Hydraulic Power Unit (Aircraft Tripod Jack System)

This aircraft tripod jack system is used when performing maintenance on USCG aircraft.

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

CAN BE USED.

The item to be procured under this acquisition is a highly specialized hydraulic powered aircraft jack which has been designed and manufactured by Haskel International, Inc. (CAGE Code 81400). As the OEM of this jack, Haskel International owns all rights to the technical data, specifications, and drawings required for its manufacture. The rights to the technical data necessary in order to acquire this item from other than the OEM or an OEM approved source are not owned by the Government and it has been determined that it is uneconomical to purchase these rights. This specific hydraulic aircraft jack is the only one approved by the

USCG’s Aircraft Configuration Control Board (ACCB) for use on USCG’s C130 aircraft.

April 2019

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).

Extensive market research was conducted using both Government and commercial sources. This included querying the following information systems and web sites: Defense Logistics Agency (DLA) Federal Logistics Information Service

(WebFLIS); Department of Defense Electronic Mall (DoD EMall); General Services Administration (GSA) Advantage online purchasing service; Inventory Locator Service e-marketplace (ILSmart); internet search engines; and the OEM’s web site. These items are not available from any required or optional source of supply IAW FAR 8.002 or from any non-mandatory source IAW FAR 8.004. Several authorized distributors were identified in addition to the OEM. IAW

FAR 5.101(a)(1), a combined synopsis/solicitation will be posted to the Governmentwide Point of Entry (GPE), the

Contract Opportunities section of the web site at https://beta.sam.gov/. All responsible sources may submit a capability statement, proposal, or quotation which shall be considered by the agency.

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

As the OEM, Haskel International owns the rights to the technical data, specifications, and drawings required to manufacture these items. Haskel International has not licensed the rights to the technical data required to manufacture this item to any other commercial vendors; therefore, there are no other sources capable of its manufacture.

The USCG is conducting a brand-name acquisition. Any offeror that is able to provide the brand-name item and part number including the ability to submit documentation showing clear traceability to the OEM or to demonstrate that they are a dealer officially authorized by the OEM will be considered for award.

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 item to be purchased is complex and must meet critical operational and reliability requirements, the achievement of which require extensive and/or sophisticated testing. The Government does not own or possess any rights to the technical data, specifications, and drawings required to manufacture these items and the purchase of these rights has been deemed uneconomical. In addition, the Government has not developed the technical data required to reverse engineer these parts and has no plans to do so.

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

COMPETITION BEFORE FUTURE ACQUISITIONS ARE REQUIRED.

As previously stated, the Government does not own or possess any rights to the technical data, specifications, and drawings required to manufacture these items which has prevented the USCG from being able to provide adequate technical descriptions to potential new sources. Therefore, it is difficult to take steps to foster competition when the manufacturing, performance, and acceptance data is proprietary to the OEM.

SIGNATURE AND TITLE OF CUSTOMER

xxxxxxxxxxxxxxxxxxxxxxxxxxxxx

Steven M. Carrxxxxxxxxxxxxxx

Item Manager – ESD, PLBxxxxx

CODE

TELEPHONE NUMBER

(252) 334-5008

DATE

18 June 2020

SIGNATURE OF CONTRACTING OFFICER

xxxxxxxxxxxxxxxxxxxxxxxxxxxx Christy H. McKethanxxxxxxxxxxxxx

Contracting Officer, ESD/IODxxxxxx

CODE TELEPHONE NUMBER

(252) 335-6072

DATE

Xx xxxxxxx xxxxx http://www.fbo.gov/