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. Do not use marketing language in this document. Language such as “This company has made its mark,” “This company is recognized as industry’s best,” and “This company is the leader in…” is unacceptable.

PURCHASE REQUEST OR REQUISITION

NUMBER

PROJECT/TASK

NUMBER

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 – 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 Aircraft Dehumidification Carts listed below require evaluation leading to possible repair. The

USCG intends to award a purchase order on a sole source basis directly to the Original Equipment

Manufacturer (OEM) – Logis-Tech, Inc. (CAGE Code 0BJV1).

Line Item Description Quantity Serial Numbers (SN)

1 MDU-300 Mobile Aircraft Dehumidification Cart 3 each MDU0173, MDU0172, MDU0155

2 MDU-750 Mobile Aircraft Dehumidification Cart 2 each MDU0050, MDU0049

The Mobile Aircraft Dehumidification Carts are air dehydration units used for maintaining a stable relative humidity around critical aircraft systems and components in order to reduce moisture-induced corrosion.

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

SUPPLIES OR SERVICES CAN BE USED.

The Dehumidification Cart is a highly specialized item of aviation ground support equipment. As the

OEM, Logis-Tech owns all rights to the technical information, service manuals, schematics, etc.

required to service the Dehumidification Carts. The rights to the service manuals and other data necessary in order to have the Dehumidification Carts serviced by 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.

Logis-Tech has a staff of factory-trained service technicians that provide service and support and these service technicians are the only authorized providers of service and repairs for Logis-Tech products.

Having the Dehumidification Carts worked on by other than Logis-Tech could cause additional malfunctions and Logis-Tech may refuse to service the Dehumidification Carts any further. In addition, other vendors would not have access to proprietary information regarding the

Dehumidification Cart’s design and operation, nor would they have a direct line to Logis-Tech for

OEM replacement parts and expertise.

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. Logis-Tech does not use any 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 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.

Logis-Tech owns and controls the service manuals, schematics, and other technical data related to the

Dehumidification Cart’s design, function, and operation. This information is required to repair the

Dehumidification Cart and ensure its operation according to the original performance specifications.

Logis-Tech only shares this information with their own factory trained service technicians. This technical data is not owned by the Government nor is this information licensed to any other commercial entities. Therefore, there are no other sources capable of repairing the Dehumidification

Cart.

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 own or possess any rights to the relevant technical data, specifications, and drawings required to develop an adequate description of work. In addition, the Government has not developed the technical data required to reverse engineer this equipment 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 description for the work that must be performed.

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, service manuals, and drawings required to service these items. This 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 technical data and service manuals are proprietary to the OEM.

SIGNATURE AND TITLE OF CUSTOMER CODE TELEPHONE NUMBER DATE

SIGNATURE OF CONTRACTING OFFICER CODE TELEPHONE NUMBER DATE

http://www.sam.gov/