Justification and Approval Redacted_Redacted.pdf

3. Description of Supplies/Services. The USCG requires the use of OEM’s for tech rep services and parts to accomplish the following requirements:

(a) Work Items (WI) 16 for Forward and Aft Capstans, Level 2 Overhaul. OEM tech rep is required for the installed system; and,

(b) WI 17 for Dual Point Davit, Biennial Maintenance, Perform. OEM filters and wire rope assembly with off load hook parts for the Allied System that was installed.

4. Identification of Statutory Authority Permitting Other Than Full and Open

Competition. The statutory authority permitting other than full and open competition is 41 U.S.C. § 1901 implemented by FAR Subpart 13.501(a) sole source (including brand name) acquisitions as defined in FAR 2.101.

5. Identification of Exception to the Buy American Act. These requirements are not exempt.

6. Demonstration that the Proposed Contractor’s Unique Qualifications or the Nature of the Acquisition Require Use of the Authority Cited. Due to the nature of the equipment, the aforementioned subcontractors are the only contractors to have access to the proprietary data needed to certify these systems for operation. Any other contractor would not have access to the needed proprietary information (i.e., data and drawings) to perform this work. Details are provided per work item below:

(a) WI 016: Forward and Aft Capstans, Level 2 Overhaul

The Original Equipment Manufacturer (OEM) for the vessel’s capstans is Par Marine/Jered LLC. Only OEM technicians are able to provide parts and proprietary technical data/drawings only available from the OEM. This maintains all OEM warranties, ensures equipment reliability, and crew safety therefore precluding consideration of a technician from another company.

The company was contacted via email on 31 March 2023 to inquire about their proprietary and data rights. The following questions were asked and responses noted:

1) Does PaR Marine/Jered LLC still own the proprietary data for these capstans?

Yes

2) Would PaR Marine/Jered LLC allow the U.S. Coast Guard to use that data for free? No

3) Would PaR Marine/Jered LLC consider selling those rights to the U.S. Coast Guard? No

(b) WI 017 Dual Point Davit Biennial Maintenance

The OEM for the vessel’s davit is Allied. Factory authorized suppliers provide parts and proprietary technical data/drawings only available from the OEM. This maintains all OEM warranties, ensures equipment reliability, and crew safety;