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

2023121-EE01

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) 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.

The USCG requires the evaluation and calibration (E&C) of the Night Vision Device (NVD) Test Sets listed in the following table. Based on the results of the E&C, additional repairs may be required in order to return the Test Set(s) to serviceable condition. These test sets are used to check the quality, performance, and reliability of NVD equipment such as night vision goggles.

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 units 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 Contractor shall quote any repairs identified during the evaluation separately for approval and funding by the Contracting Officer. 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.

Description

Quantity

Optional Quantity

National Stock Number (NSN)

Part Number (PN)

ANV126A NVD Test Set (Depot) 1 each Up to an additional 6 each 6625-01-498-4616 ANV126A-001

ANV20/20 NVD Test Set (Infinity) 2 each Up to an additional 6 each 6625-01-431-8615 ANV20/20

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 these Test Sets is Hoffman Engineering LLC (CAGE Code 06097).

Hoffman Engineering owns all rights to the technical data, service manuals, performance specifications, and drawings required to service these Test Sets. To date, the only U.S.-based company that Hoffman Engineering has authorized to service these Test Sets is Aviation Specialties Unlimited, Inc. (CAGE Code 1MFX9). While there are several non-U.S.

manufacturers with access to the required technical information, these companies act as their country’s sole agents for the sale, calibration, and repair of Hoffman Engineering NVD test equipment. Therefore, all repairs and other services on these Test Sets for U.S. customers must be performed by either Hoffman Engineering or Aviation Specialties

Unlimited as they are the only companies that possess the necessary knowledge and information.

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. 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 Test Sets, Hoffman Engineering 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. Hoffman Engineering has only licensed access to the technical data to one domestic, commercial source – Aviation Specialties Unlimited. Otherwise, Hoffman Engineering only shares this technical data with a few international companies that they have formal partnerships with and these companies will not provide services to any U.S.-based entities.

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 repaired 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 service manuals, technical data, performance specifications, or drawings required to repair these Test Sets which has prevented the USCG from being able to provide an adequate technical description to potential new overhaul sources. Therefore, it is difficult to take steps to foster competition when the service and repair data are proprietary to the OEM and have only been licensed to one other domestic company.

SIGNATURE AND TITLE OF CUSTOMER CODE TELEPHONE NUMBER DATE

SIGNATURE OF CONTRACTING OFFICER CODE TELEPHONE NUMBER

DATE

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