REDACTED J AND A 70Z03821QB2000070.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.

PURCHASE REQUEST OR REQUISITION

NUMBER

PROJECT/TASK

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), Short Range Recovery (SRR)

Division has a requirement to purchase FliteScene® Digital Map software user licenses in order to operate software embedded in the Common Avionics Architecture System (CAAS) on a sole source basis. This requirement is not to purchase software, but to procure a user license for each aircraft that has the software loaded into the CAAS by the CAAS Original Equipment Manufacturer (OEM).

BRIEF DESCRIPTION OF SUPPLIES OR SERVICES REQUIRED, AND THE INTENDED USE.

This procurement is for twenty-two (22) user licenses to operate software currently embedded in the

CAAS in USCG aircraft. User licenses are required for each aircraft operating the software as per the

Harris® FliteScene® user license agreement.

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

SUPPLIES OR SERVICES CAN BE USED.

This acquisition is restricted to the only source of supply known to have the capability of furnishing the required FliteScene® software user licenses, the OEM, L3Harris Technologies, Inc. The USCG has determined these licenses can only be procured directly from the OEM as it would not be economically feasible to use another vendor’s software licenses that would not be compatible to a system already installed in the aircraft. Furthermore, the Government does not have adequate or lacks rights to data, and it it is not economical to buy the data or rights to the data.

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).

The licenses to be procured under this acquisition are for highly specialized and designed software embedded in the CAAS in USCG aircraft, which are manufactured by a non-Government entity. The

FliteScene® software user license can only be procured through the software OEM, L3Harris

Technologies, Inc. (CAGE code 91417). Therefore, the procurement of these licenses from other than the

OEM will compromise the safety of the aircraft and crew. The solicitation and resulting purchase order will require the licenses to be delivered with a Certificate of Conformance, certifying compliance with this contract condition, in accordance with FAR clause 52.216-15, Certificate of Conformance, which will be incorporated.

REASON THAT SUGGESTED SOURCE IS THE ONLY SOURCE WHICH CAN PROVIDE THE SUPPLIES OR SERVICES.

The licenses to be procured in this requirement are required for the CAAS system to operate and function correctly within USCG aircraft. FliteScene® software user licenses are proprietary to the OEM, L3Harris

Technologies, Inc., and the CAAS in the aircraft was designed to interact and operate with this software.

Based upon the technical certification on file, technical data is not available and cannot be developed to permit full and open competition.

August 2020

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 required specifications of suitable alternate software would not be sufficient for selection. After receiving responses from the solicitation, an initial test and evaluation would have to be completed on the software and its interaction with the aircraft to ensure compatibility with the CAAS. The USCG has invested significant resources integrating the FliteScene® Digital Map software system into USCG aircraft. It would not be cost or time effective to test multiple software’s from manufacturers to determine which license would be appropriate due to time restraints and a significant amount of time and funds invested by USCG into the FliteScene® Digital Map software system.

PROVIDE A STATEMENT OF ACTIONS, IF ANY, THE GOVERNMENT MAY TAKE TO REMOVE OR OVERCOME ANY

BARRIERS TO COMPETITION BEFORE FUTURE ACQUISITIONS ARE REQUIRED.

The OEM owns the proprietary data rights and specifications for this software, which has limited the

USCG’s ability to provide adequate technical descriptions to potential new manufacturers. Therefore, it is difficult to take steps to foster competition as the performance of the software is proprietary to the OEM.

SIGNATURE AND TITLE OF CUSTOMER

CODE

TELEPHONE

DATE

SIGNATURE OF CONTRACTING OFFICER

CODE TELEPHONE

DATE