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.

PURCHASE REQUEST OR REQUISITION

NUMBER

2023194-EE03

PROJECT/TASK

NUMBER

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

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), Engineering Support Branch (ESB) 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)(2) – 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 USCG Cargo Deployment Bag shown in the table below on a sole source basis directly from the Original Equipment Manufacturer (OEM), Butler Parachute Systems, Inc.

(Cage Code 0D4Z0).

Nomenclature

Part Number (PN)

Initial

Quantity

Optional

Quantity

USCG Cargo Deployment Bag 701098-A 50 each 50 each

The Cargo Deployment Bag is an aerial delivery system for Aviation Life Support Equipment (ALSE) used on all USCG fixed wing aircraft.

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 highly specialized and has been specifically designed and manufactured by the OEM for the aerial delivery of the parachutes used on USCG fixed wing aircraft. As the OEM, Butler Parachute Systems owns all rights to the technical data, specifications, and drawings required to manufacture this item. The rights to the technical data necessary in order to acquire this item from alternative sources 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 (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. Butler Parachute Systems does not sell this item through any authorized distributors. A combined synopsis/solicitation will be posted to the Contract Opportunities section of the web site at www.sam.gov IAW FAR 5.101(a)(1). 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, Butler Parachute Systems owns all rights to the technical data, specifications, and drawings required to manufacture this item. Butler Parachute Systems has not licensed the rights to the technical data required to manufacture this item so there are no other sources capable of its manufacture.

In addition, USCG Aviation Engineering has assigned this item an Acquisition Method Code (AMC) of “3” IAW Volume 10, Table 71 of DoD 4100.39 (series). An AMC of 3 indicates that the item shall be acquired directly from the actual manufacturer, whether or not the prime contractor is the actual manufacturer.

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 item to be procured is complex and must meet critical operational and reliability requirements, the achievement of which require unique production techniques and extensive and/or sophisticated testing.

The Government does not own or possess any rights to the technical data, specifications, and drawings required to manufacture this item. In addition, the Government has not developed the technical data required to manufacture this part. The purchase or development of the technical data required to manufacture this item has been deemed uneconomical.

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.

http://www.sam.gov/