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

2021312-GN01

PROJECT/TASK

NUMBER

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

$167,615.03

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 name 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(c) – 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 intends to purchase the items shown in the table below on a sole source basis directly from the

Original Equipment Manufacturer (OEM) – Airbus Helicopters, Inc. (CAGE Code 3GSZ1).

Line Item Nomenclature/Description National Stock Number (NSN) Part Number (PN) Quantity

1 WRENCH, SERV. CONT RD 5120-14-391-8133 365A93-3347-00 4

2 COVER, LH 1730-14-370-8951 365A92-5450-11 11

3 RESTRAINER, MLG ACTU 1730-14-391-8163 366A92-4100-01 9

4 RETRACTION TOOL, M 1730-14-391-8120 365A92-4140-02 8

5 TIE DOWN ASSEMBLY 1670-14-470-9307 365A84-3160-01 8

6 M.R.B. SOCKS ASSY 1730-14-397-0769 365A92-1160-01 7

7 RESTRINER, NLG ACTU 1730-14-391-8166 366A92-4200-01 8

8 BAG, STOWAGE 8105-14-370-8896 703A92-0010-02 5

9 STOPPER, STATIC PORT 1730-14-344-1262 703A92-0205-04 30

10 WASH-OUT STOP HIGH 1730-14-550-1917 365A93-3143-00 6

These are spare, replacement parts specifically for the jacking, towing, and storing of the USCG’s MH-

65 helicopters and are the only part numbers approved for use by the USCG’s Aircraft Configuration

Control Board (ACCB) on the MH-65 aircraft.

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

SUPPLIES OR SERVICES CAN BE USED.

The items to be purchased under this acquisition are highly specialized and have been specifically designed and manufactured for use in the MH-65 by Airbus Helicopters (ets de Marignane), CAGE

Code F0210. As the OEM, Airbus Helicopters (ets de Marignane) owns all rights to the technical data, specifications, and drawings required for the manufacture of these parts. The rights to the technical data necessary in order to acquire these items from sources other than the OEM are not owned by the

Government. These parts are the only parts approved by the USCG’s Aircraft Configuration Control

Board (ACCB) for use on the MH-65 aircraft.

Airbus Helicopters (ets de Marignane) does not sell directly to the United States (U.S.) market. Instead, their parts are sold by their U.S. subsidiary, Airbus Helicopters, Inc. (CAGE Code: 3GSZ1).

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); General Services Administration (GSA) Advantage online purchasing service; Inventory

Locator Service e-marketplace (ILSmart); internet search engines; and the OEM’s web site. These items are not available from any required or optional source of supply IAW FAR 8.002. Airbus

Helicopters (ets de Marignane) will only sell these items to their U.S. subsidiary – Airbus Helicopters, Inc., and does not use an authorized distributor network. A combined synopsis/solicitation will be posted to the Contract Opportunities web site at https://beta.sam.gov/ IAW FAR 5.101(a)(1). The

OEM and authorized distributors will be notified of this posting to FBO. 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.

Airbus Helicopters (ets de Marignane) is the OEM and owns all rights to the technical data, specifications, and drawings required to manufacture these items. Airbus Helicopters (ets de

Marignane) has not licensed the rights to the technical data required to manufacture these items so there are no other sources capable of its manufacture.

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 purchase description. In addition, the Government has not developed the technical data required to reverse engineer these parts 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 these parts.

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 these items 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

xxxxxxxxxxxxxxxxxxxxxxxxxx

Steve Durhamxxxxxxxxxxxxxx

Item Manager – ESDxxxxxxxx

(252) 335-6571 xxxxxxxxxxxx

SIGNATURE OF CONTRACTING OFFICER CODE TELEPHONE NUMBER

DATE

xxxxxxxxxxxxxxxxxxxxxxxxxxxxxx

Kathrine. R. Leachxxxxxxxxxxxx

Contracting Officer – ESD/IODx

(252) 335-6834

Xxxxxxxxxxx xx

Xxxxxxxxxxx xx https://beta.sam.gov/