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

2023037-EE01

PROJECT/TASK

NUMBER

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

$44,025.19

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 intends to purchase the item shown in the table below on a sole source basis directly from the

Original Equipment Manufacturer (OEM) – Airbus DS Military Aircraft, Inc. (Cage Code 0DAF1), hereinafter referred to as Airbus.

Nomenclature

Part Number (PN)

Quantity

Quadrant Control Test Panel 35-93095-0011 1 each

The Quadrant Control Test Panel is used to maintain the HC-144 airframes and allows artisans to measure, repair and calibrate the Quadrant Control (Cockpit Engine Power and Condition Lever adjustments).

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

SUPPLIES OR SERVICES CAN BE USED.

The item to be purchased under this acquisition is unique to the HC-144 airframe. It was developed in conjunction with the Department of Defense (DoD) to specifically interface with the wiring on the HC-

144 airframe so that all interconnections can be measured, calibrated, and repaired as needed. The test panel designed for the commercial version of the CN-235 airframe is not compatible with the military version. As the OEM, Airbus owns all rights to the technical data, specifications, and drawings required to manufacture this item. The rights to the technical data necessary acquire this item from sources other than the OEM are not owned by the Government and it has been determined that it is uneconomical to purchase these rights.

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 (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.

This item is not available from any mandatory Government source IAW FAR 8.002 or from any non-mandatory sources IAW 8.004. Airbus does not sell this item through any authorized distributors. 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, Airbus owns all rights to the technical data, performance specifications, and drawings required to manufacture the Quadrant Control Test Panels. The rights to the technical data necessary in order to have the Test Panels repaired by other than the OEM are not owned by the Government. In addition, Airbus has not licensed the rights to the technical data required to manufacture this item.

Therefore, there are no other sources capable of their 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 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.

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 this item 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

xxxxxxxxxxxxxxxxxxxxxxxxxxxxxx

Bernard H. Ruettenxxxxxxxxxxxx

Inventory Management Specialis

CODE

TELEPHONE NUMBER

(252) 384-7246

DATE

1 april 2023

SIGNATURE OF CONTRACTING OFFICER

xxxxxxxxxxxxxxxxxxxxxxxxxxxxxx

Kathrine R. Leachxxxxxxxxxxxxx

Contracting Officer – ESD/IODx

CODE TELEPHONE NUMBER

(252) 335-6834

DATE

1 april 2023 http://www.sam.gov/