Justification for Other Than Full and Open Competition.pdf

April 2019

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

2020106-G03

PROJECT/TASK

NUMBER

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

$238,616.00 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 brand-name 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(a)(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 requires the complete overhaul (refurbishment), including calibration, of the Stabilator Test Sets listed in the following table. Any resultant order will include an addenda to FAR clause 52.212-4 allowing for the overhaul of additional Test Sets at the same price, terms, and conditions as the original order.

Nomenclature/Description

Quantity

Optional Quantity

National Stock Number (NSN)

Part Number (PN)

Stabilator Test Set 2 each up to an additional 12 each

4920-01-526-5799 02-1103-01

The Stabilator Test Set is used to perform functional checks on the MH-60T airframe by providing simulated signals to various aircraft components and then monitoring the component’s response. Based on the signal sent by the Test Set and the resulting response, the technician can determine whether a component is functioning properly and troubleshoot any discrepancies.

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

CAN BE USED.

The use of this specific Test Set on the MH-60T airframe is prescribed by the Naval Air Systems Command (NAVAIR) Maintenance Manual AT-822QA-MIB-000. The Navy is the lead agency for all maintenance, repair, and overhaul actions on the MH-60T aircraft.

The Test Sets to be overhauled are highly specialized and have been designed and manufactured by Ultrax Aerospace, Inc. (CAGE Code 07PR7). As the Original Equipment Manufacturer (OEM) of this item, Ultrax Aerospace owns all rights to the service manuals, technical data, performance specifications, and drawings for the Test Set, including its integrated software, which are required for the overhaul and calibration of the Test Sets. The rights to the technical data necessary to have this item overhauled and calibrated by any vendor other than the OEM are not owned by the Government.

April 2019

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 (WebFLIS); Department of Defense Electronic Mall (DoD EMall); General Services Administration (GSA) Advantage online purchasing service; Inventory Locator Service e-marketplace (ILSmart); internet search engines; and the OEM’s web site. This item is not available from any required or optional source of supply IAW FAR 8.002 or from any non-mandatory source IAW FAR 8.004. Ultrax Aerospace does not have any authorized service vendors. 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.fbo.gov. All responsible sources may submit a 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 Set, Ultrax Aerospace owns all rights to the service manuals, technical data, performance specifications, and drawings, including its integrated software. This information is required to overhaul and calibrate the Test Sets. The rights to the technical data necessary in order to have this item overhauled and calibrated by other than the OEM are not owned by the Government nor are they licensed to any commercial sources. Having a properly functioning and calibrated Test Set is critical to ensuring aircraft availability and safe operation.

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 overhauled and calibrated 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 overhaul and calibrate 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 overhaul and calibrate these Test Sets. This 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 overhaul, calibration, performance and testing data are proprietary to the OEM.

SIGNATURE AND TITLE OF CUSTOMER

Xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx xxx Steven M. Carrxxxxxxxxxxxxxxxxxxxxxxxxx x Item Manager, ESD, ESB – Support Equipme nt

CODE

TELEPHONE NUMBER

(252) 334-5008

DATE

xxxxxxxxxxx

SIGNATURE OF CONTRACTING OFFICER

xxxxxxxxxxxxxxxxxxxxxxxxxxxxx Christy H. McKethanxxxxxxxx xxxxxx Contracting Officer, ESD/IODxxxxxxx

CODE TELEPHONE NUMBER

(252) 335-6072

DATE

7 may 2020n http://www.fbo.gov/