Justification 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

2022068-PM01

PROJECT/TASK

NUMBER

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

$48,102.00

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), 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 requires on-site, biannual maintenance and calibration (M&C) of both the Nova 840i Laser Wire Marking

Machine (Serial Number (SN): NA0021) and the 800LC Laser Wire Marking Machine (SN: N0053) located in ALC’s

Wiring Harness Shop. Spectrum Technologies Ltd. (CAGE Code: U9945) is the Original Equipment Manufacturer

(OEM) of both machines.

The preceding services will also require the purchase of maintenance kits for both models of machine. Based on the results of the M&C, additional repairs and/or replacement parts may be required in order to return the machine(s) to serviceable condition.

The Laser Wire Marking Machines are used to indelibly mark aircraft wire and cable without damaging the insulating material in order to aid in the assembly and repair of aircraft wiring harnesses.

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

SERVICES CAN BE USED.

As the OEM of both machines, Spectrum Technologies holds all proprietary rights to the machine’s design and technical specifications. Spectrum Technologies USA Inc., the US headquarters for Spectrum Technologies Ltd, is the only authorized service provider in North America. In addition, Spectrum Technologies is the only company capable and authorized to maintain, calibrate and recertify the machines. The rights to the technical data necessary to repair, calibrate, and/or otherwise service this equipment are not owned by the Government nor are they licensed to any commercial sources.

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 services 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). 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 intellectual property owner of all data rights for the Laser Wire Marking Machines, Spectrum Technologies Ltd.

is the only vendor in possession of the technical data related to the system’s design and function. This information is required to maintain, calibrate, and repair the machines. The required technical data is not owned by the Government nor is this data licensed to any other commercial sources.

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 Laser Wire Marking Machines are complex and must meet critical operational and reliability requirements, the achievement of which require precise measurement and calibration. 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 machines 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 maintain, calibrate, and repair the Laser Wire Marking Machines.

This has prevented the USCG from being able to provide an adequate technical description to potential new service providers. Therefore, it is difficult to take steps to foster competition when the service and repair data are proprietary to the OEM and has not been licensed to any other company.

SIGNATURE AND TITLE OF CUSTOMER CODE TELEPHONE NUMBER DATE

XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX

Peter W. MurrayXXXXXXXXXXXXXXXXXXX

Inventory Manager – IODXXXXXXXXXXX

(252) 334-5194

XXXXXXXX

SIGNATURE OF CONTRACTING OFFICER CODE TELEPHONE NUMBER

DATE

XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX

Kathrine R. LeachXXXXXXXXXXXXXX

Contracting Officer – ESD/IODXX

(252) 335-6834