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

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Purchase Liquid Oxygen (LOX) Storage Tanks
Solicitation number
70Z03825QE0000015
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This is a Justification for Other Than Full and Open Competition (JOFOC) document from the U.S. Coast Guard for the sole-source procurement of LOX Storage Tanks from Essex Industries, Inc. The purchase includes one initial LOX Storage Tank (NSN: 3655-01-456-0123, P/N: 50C-0014-5) with an option to purchase up to three additional units within one year of award.

The justification cites FAR 13.106-1(b)(1) for "only one source reasonably available" as Essex Industries is the Original Equipment Manufacturer and owns all technical data rights, specifications, and drawings. The government does not own the technical data rights and has determined it would be uneconomical to purchase them or develop technical data for reverse engineering. The Contracting Officer will determine fair and reasonable pricing through comparison with previous purchases and similar items in related industries. While this is a sole-source justification, the opportunity will be posted on SAM.gov and all responsible sources may submit capability statements for consideration.

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Last Updated 11/01/24

U.S. COAST GUARD JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

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

PURCHASE REQUEST OR REQUISITION NUMBER:

2024345-GK01

ESTIMATED TOTAL VALUE, INCLUDING OPTIONS:

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

AUTHORITY JUSTIFICATION TYPE

☒ 13.106-1(b)(1) ONLY ONE SOURCE REASONABLY AVAILABLE (e.g., urgency, exclusive licensing agreements, or industrial mobilization).

☐ FAR 5.102(a)(6), FAR

11.105, FAR 13.106-1

(b) (1)

BRAND NAME – Items peculiar to one manufacturer: The particular brand name, product, or feature is essential to the Government’s requirements, and market research indicates other companies’ similar products, or products lacking the particular feature, do not meet, or cannot be modified to meet, the agency’s needs.

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

The United States Coast Guard (USCG) intends to purchase the item shown in the table below on a sole source basis directly from the

Original Equipment Manufacturer (OEM) – Essex Industries, Inc. (CAGE Code: 19062). Any resultant order will include FAR clause

52.217-6 for the possible purchase of additional quantities as specified.

Nomenclature National Stock Number (NSN) Part Number (PN) Initial Quantity Optional Quantity

LOX Storage Tank 3655-01-456-0123 50C-0014-5 1 each 3 each

The LOX Storage Tank is a mobile liquid oxygen (LOX) storage cart used to service the breathing air systems on multiple aircraft.

SUGGESTED SOURCE NAME, ADDRESS, & UNIQUE ENTITY IDENTIFIER (UEI):

Essex Industries, Inc. (CAGE Code: 19062)

8007 Chivvis Drive

Cryogenics Department

Saint Louis, MO 63123-2333

UEI: SVT8HN6HB3E6

RATIONALE FOR JUSTIFICATION TYPE SELECTED ABOVE TO INCLUDE RELEVANT INFORMATION GAINED

THROUGH YOUR MARKET RESEARCH TO SUPPORT THE JUSTIFICATION TYPE:

The item to be purchased under this acquisition is highly specialized and has been specifically designed and manufactured by Essex

Industries, Inc., hereinafter referred to as Essex. As the OEM of this item, Essex owns all rights to the technical data, specifications, and drawings required for its manufacture. The rights to the technical data necessary to acquire this item from sources 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.

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.

These items are not available from any required or optional source of supply IAW FAR 8.002. A combined synopsis/solicitation will be posted to 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.

https://www.acquisition.gov/far/13.106-1 https://www.acquisition.gov/far/5.102 https://www.acquisition.gov/far/11.105 https://www.acquisition.gov/far/11.105 https://www.acquisition.gov/far/13.106-1 https://www.acquisition.gov/far/13.106-1 http://www.sam.gov/

Last Updated 11/01/24

CONTRACTING OFFICER - FAIR AND REASONABLE PRICE DETERMINATION METHODS:

☐ MARKET RESEARCH

☒ COMPARISON OF PROPOSED PRICE WITH PRICES FOUND REASONABLE ON PREVIOUS PURCHASES

☐ CURRENT PRICE LIST

☒ COMPARISON WITH SIMILAR ITEMS IN A RELATED INDUSTRY

☐ COMPARISON TO IGCE

CONTRACTING OFFICER’S PERSONAL KNOWLEDGE (EXPLAIN)

☐ OTHER (EXPLAIN)

SIGNATURE AND TITLE OF TECHNICAL AND REQUIREMENTS POC

DATE

SIGNATURE OF CONTRACTING OFFICER

DATE

File details come from the government source that posted it. Updated .