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

2022074-EE01

PROJECT/TASK

NUMBER

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

$157,200.00

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 repair of Multi-Function Control Display Units (MCDU). 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 evaluation and repair of additional MCDUs up to the 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.

Line # Nomenclature/Description Part Number (PN) Serial Number (SN) Quantity Optional Quantity

1 Multi-Function Control Display Unit (MCDU) 19600-04 000014 1 each up to four (4) each

2 Multi-Function Control Display Unit (MCDU) 19600-04 000022 1 each

The MCDU is a combination keyboard interface and Liquid-Crystal Display (LCD) of Flight

Management System (FMS) data and other aircraft functions used on the USCG’s HC-130J aircraft.

The MCDU works in conjunction with the FMS, acts as the control bus for mission communications, and allows pilots to display and control various aircraft mission systems.

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

SUPPLIES OR SERVICES CAN BE USED.

The Original Equipment Manufacturer (OEM) of the MCDU is Radiant Power Corp. (CAGE Code

1MXA1). The wiring of the USCG’s HC-130J aircraft has been configured to work specifically with the MCDU. In addition, the software approved for use by the USCG was developed by Lockheed

Martin to communicate with the MCDU, making it the only mission computer suitable for use on the

USCG’s HC-130J aircraft.

The MCDU is highly sophisticated equipment with interconnected and complicated electronics and computer systems. As the OEM, Radiant Power Corp. owns all rights to the service manuals, technical data, performance specifications, and drawings required for the evaluation and repair of this equipment. The rights to the technical data necessary to have this equipment repaired 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).

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 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.

As the OEM of the MCDU, Radiant Power Corp. owns all rights to the service manuals, technical data, performance specifications, and drawings required for its evaluation and repair. The proprietary rights to the technical data necessary in order to have this equipment serviced 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 MCDU to be evaluated and repaired 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 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 test and recertify the MCDU 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 service the MCDU 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.

SIGNATURE AND TITLE OF CUSTOMER CODE TELEPHONE NUMBER DATE

xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx

Bernard H. Ruettenxxxxxxxxxxxxx

Inventory Management Specialist

(252) 384-7246

04/07/2022

SIGNATURE OF CONTRACTING OFFICER CODE TELEPHONE NUMBER

DATE

xxxxxxxxxxxxxxxxxxxxxxxxxxxxx

Kathrine R. Leachxxxxxxxxxxxx

Contracting Officer – ESD/IOD

(252) 335-6702

04/08/2022 http://www.sam.gov/