Justification and Approval for Other Than Full and Open Competition.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

2024122-GN01

PROJECT/TASK

NUMBER

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

$130,430.00

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 – MUST PROVIDE IT

☐ 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.

The United States Coast Guard (USCG) intends to purchase two (2) each Maintenance Check Stands

(Part Number: 110612) and one (1) each Maintenance Staircase (Part Number: 111303) on a sole source basis directly from the Original Equipment Manufacturer (OEM) – Spika Design &

Manufacturing, Inc. (CAGE Code 4AC84), hereinafter referred to as Spika.

The Maintenance Check Stands and Staircase are used specifically for performing maintenance on HC-

144 aircraft and allows personnel to easily and safely access areas of the aircraft undergoing maintenance and repair.

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

SUPPLIES OR SERVICES CAN BE USED.

This Maintenance Stand and Staircase was originally designed and manufactured by the OEM under a competitive contract with the USCG. Design considerations included a review of all HC-144 maintenance procedure cards with an emphasis on human factor engineering, safety, and service life.

However, the USCG did not purchase data rights and does not possess the technical specifications necessary for manufacture by other than the OEM.

In accordance with (IAW) FAR 6.302-1(a)(2)(iii)(A) and (B), recompeting this requirement would result in substantial duplication of cost to the Government which is not likely to be recovered through competition given the small quantity needed. Recompetition would also result in unacceptable delays in providing Air Station Miami with the necessary infrastructure to perform routine maintenance on their fleet of HC-144 aircraft.

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

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 (FLIS); Department of Defense Electronic Mall (DoD EMall);

the General Services Administration’s (GSA) on-line purchasing service – GSA Advantage!®;

Inventory Locator Service e-marketplace (ILSmart); internet search engines; and the OEM’s web site.

These items are not available from any mandatory Government source IAW FAR 8.002 or from any non-mandatory sources IAW 8.004. 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 www.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, Spika owns all rights to, and is the only one that has access to the technical data, specifications, and drawings required to manufacture this item. Spika has not licensed the rights to the technical data required to manufacture this item to any other manufacturers. Therefore, there are no other sources of supply for this item.

The Government does not have the technical data rights required to purchase this item from additional sources. Based on the low quantity and infrequency of acquisitions along with the minimum service life of twenty-five years for each maintenance stand, it would be uneconomical for the Government to purchase the rights to technical data needed for manufacturing.

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 must meet critical safety, durability, and reliability requirements, the achievement of which require extensive and/or sophisticated testing. The Government does not own or possess any rights to the relevant technical data, specifications, and drawings required to develop an adequate purchase description. In addition, the Government has not developed the technical data required to reverse engineer this item and has no plans to do so. It has been determined that it would be uneconomical for the Government to either purchase the data rights or to develop the technical data necessary to develop an adequate purchase description for the manufacture of this item.

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 this item which has prevented the USCG from being able to provide an adequate technical description to potential new sources. Therefore, it is difficult to take steps to foster competition when the manufacturing, performance, and acceptance data are proprietary to the OEM.

SIGNATURE AND TITLE OF CUSTOMER CODE TELEPHONE NUMBER DATE

xxxxxxxxxxxxxxxxxxxxxxxx

Jeffrey C. Reamsxxxxxxxx

Inventory Manager, ESDxx

(252) 335-6477

05/24/2024

SIGNATURE OF CONTRACTING OFFICER CODE TELEPHONE NUMBER DATE

XXXXXXXXXXXXXXXXXXXXXXXXXXXX

Geneva K. JamesXXXXXXXXXXXXX

Contracting Officer, ESD/IOD

(252) 335-6796

05/24/2024 http://www.sam.gov/