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

August 2020

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

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2020315-EE02

PROJECT/TASK

NUMBER

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

$135,915.00

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 sole source 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(b) – 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 requires the evaluation and calibration (E&C) of the ADTS-3350ER Air Data Pressure Test Sets (ADTS) listed in the following table. The USCG intends to include an addendum to FAR 52.212-4 in the resultant purchase order. IAW this addendum, the USCG may require the E&C of additional Test Sets up to maximum optional quantity specified in the following table at the same price, terms, and conditions as specified in the original purchase order. The Contracting

Officer may exercise this option by written notice to the Contractor through one year after date of award or another mutually agreed upon date. Based on the results of the E&C, additional repairs may be required in order to return the

Test Set(s) to serviceable condition. The Contractor shall quote any repairs identified during the evaluation separately for approval and funding by the Contracting Officer.

Description/Nomenclature National Stock Number (NSN) Part Number Initial Quantity Optional Quantity

Air Data Pressure Test Set (ADTS) 4920-01-662-3920 ADTS-3350ER 5 each up to 10 each

The air data pressure test equipment is required to test the air data controller (ADC) on USCG aircraft during periodic and scheduled maintenance intervals. The air data pressure test equipment provides air pressure to the pitot and static air ports to emulate flight at various altitudes and airspeeds. The ADC is an essential avionics component found on aircraft that replaces individual instruments to determine the calibrated airspeed, altitude and altitude trend, from air pressure captured at the airframe’s external pitot and static air ports.

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

CAN BE USED.

The Test Sets to be serviced are extremely complex and have been designed and manufactured by Testvonics, Inc.

(CAGE Code 1A9E1) and includes software coding customized for the USCG. As the Original Equipment

Manufacturer (OEM), Testvonics owns all rights to and is the only company with access to the service manuals, technical data, performance specifications, software script, and drawings required to service these Test Sets. The test equipment has been customized for USCG Airframes in software script. The rights to the technical data necessary to have this item serviced by any vendor other than the OEM are not owned by the Government.

August 2020

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); 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 services are not available from any mandatory Government source IAW FAR

8.002 or from any non-mandatory source IAW FAR 8.004. Testvonics does not have any authorized service 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 Test Set, Testvonics owns all rights to the service manuals, technical data, performance specifications, and drawings required to repair these Test Sets. The rights to the technical data necessary in order to have the Test Sets repaired by other than the OEM are not owned by the Government nor are they licensed to any other sources. Therefore, there are no other sources capable of servicing these Test Sets.

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 Test Sets to be serviced are complex and must meet critical operational and reliability requirements, the achievement of which require extensive and sophisticated testing. The Government does not own or possess any rights to the service manuals, technical data, performance specifications, or drawings required to service 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 service and repair these Test Sets 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 service these Test Sets. 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 manufacturing, performance, and acceptance data are proprietary to the OEM.

SIGNATURE AND TITLE OF CUSTOMER CODE TELEPHONE NUMBER DATE

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Bernard H. RuettenXXXXXXXXXXXXXXXXX

Inventory Management Specialist – E

(252) 384-7246

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SIGNATURE OF CONTRACTING OFFICER CODE TELEPHONE NUMBER

DATE

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Christy H. McKethanXXXXXXXXXX

Contracting Officer – ESD/IOD

(252) 335-6072

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https://beta.sam.gov/