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

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), Industrial Operations Division

(IOD) 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 intends to purchase a Pure Rinse Reverse Osmosis System (Part Number: 72694) on a sole source basis directly from the Original Equipment Manufacturer (OEM) – Stingray Manufacturing LLC

(CAGE Code 62DD2), hereinafter referred to as Stingray. The Reverse Osmosis (RO) system will be installed on the Model 4040 Aqueous Parts Washer currently used by to clean and degrease transmission and gearbox parts. The RO system removes minerals, such as calcium and magnesium, in tap water for improved cleaning results. Minerals in tap water can leave water spots, accumulate on heated surfaces, and combine with cleaning detergents to create sludge; all of which reduces the life of the Parts Washer.

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

SUPPLIES OR SERVICES CAN BE USED.

The RO system to be purchased under this acquisition is highly specialized and has been specifically designed and manufactured for use with the Model 4040 Parts Washer. The RO system is fully integrated with the Parts Washer so that it automatically cycles to produce filtered RO water as needed for rinse and make-up water from an electric delivery pump. As the OEM of both the Parts Washer and RO system, Stingray 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 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).

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. Stingray 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, Stingray owns the rights to the technical data, specifications, and drawings required to manufacture this item. Stingray has not licensed the rights to the technical data required to manufacture this item. Therefore, there are no other sources capable of 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 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

SIGNATURE OF CONTRACTING OFFICER CODE TELEPHONE NUMBER DATE

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