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

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).

Thorough 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.

Radiant Power Corp. does not use authorized repair stations. 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 of the ADTS-3350ER, Testvonics. owns all rights to the service manuals, technical data, performance specifications, and drawings required for its evaluation, repair and calibration. The proprietary rights to the technical data necessary in order to have this equipment calibrated by other than the OEM are not owned by the Government nor are they licensed to any commercial sources.

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 ADTS-3350ER to be calibrated is extremely 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 service manuals, technical data, performance specifications, or drawings required to calibrate this equipment and it has been determined that it would not be economical to purchase these rights. In addition, the Government has not developed the technical data required to test and recertify the ADTS-3350ER with the ADC-2500V3 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 service manuals, technical data, performance specifications, or drawings required to calibrate the ADTS-3350ER 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 service manuals, calibration, performance and testing data are proprietary to the OEM (ADC-2500V3 Calibrator).

SIGNATURE AND TITLE OF CUSTOMER CODE TELEPHONE NUMBER DATE

SIGNATURE OF CONTRACTING OFFICER CODE TELEPHONE NUMBER DATE

Contracting Officer – ESD/IOD