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Digitally signed by

COLLINS.ALLEN.LEE.1041844503 COLLINS.ALLEN.LEE.1041844503

Date: 2020.07.21 06:34:57 -04'00'

SOLE SOURCE JUSTIFICATION

For Certain Commercial Items for Procurements Exceeding the Simplified Acquisition Threshold pursuant to FAR Subpart 13.5, Including Brand Name

Solicitation Number 70Z04021Q60881B00

Contracting Officer’s Certification:

I certify that the data supporting the recommended use of other than full and open competition is accurate and complete to the best of my knowledge and belief.|

WYATT.KELLY.A.1015132341

Kelly Wyatt

Contracting Officer

Digitally signed by

WYATT.KELLY.A.1015132341

Date: 2020.07.20 15:58:20 -04'00'

USCG-SFLC-CPD-C&P3-SSP

Technical/Requirements Personnel Certification.

I certify that this requirement meets the Government’s minimum need and that the supporting data, which forms a basis for the justification, is accurate and complete.

Al Collins

Contracting Officer’s Representative

USCG-SFLC- ESD-ISVS

Approval

CPACA

2020-11-23T10:26:32-0500

MILLS.TRENA.N.1523665789

SOLE SOURCE JUSTIFICATION

For Certain Commercial Items for Procurements Exceeding the Simplified Acquisition

Threshold pursuant to FAR Subpart 13.5, Including Brand Name

Pursuant to the requirement of the authority of 41 U.S.C. 1901, as implemented by Federal Acquisition

Regulation (FAR) Part 13.5, Simplified Procedures for Certain Commercial Items, the justification for the use of the statutory authority is justified by the following facts and rationale required under FAR

13.501.

1. AGENCY AND CONTRACTING ACTIVITY:

The Department of Homeland Security (DHS), U.S. Coast Guard (USCG) Surface Forces Logistics

Center (SFLC), Engineering Services Division (ESD), In-Service Vessel Sustainment (ISVS) team, located at 707 E. Ordnance Road, Baltimore, MD 21226.

2. NATURE/DESCRIPTION OF THE ACTION BEING APPROVED:

The SFLC has a requirement, on a brand name basis, to procure six (6) Refrigeration systems, Carrier

Marine & Offshore P/N 90YR20NSZ3ND6M9Z-225, to complete installation on the remaining 225’

WLB cutters scheduled for their Major Maintenance Availability (MMA). The requirement is a supply however will include fixed price line items for technical support services to assist in commissioning of the new systems; operational and maintenance training; an onboard spare parts kit; and system stock parts. The Government intends to award one requirements contract, with fixed price delivery orders, consisting of one (1) 12-month base period and four (4) 12-month option periods at an estimated cost of $876,620.00, to the Original Equipment Manufacturer (OEM), Carrier Marine & Offshore, PO Box

4805, Carrier Parkway, Bldg. TR-20 Reception, Syracuse, NY 13221, and/or their authorized distributors on a brand name basis utilizing the procedures established under FAR Part 13.5, Simplified

Procedures for Certain Commercial Items. It is intended to use Procurement, Construction, and

Improvement (PC&I) funding will be used to fund individual delivery orders.

Period of Performance: FY 2020-FY 2025

CLIN

Description

Base

FY 20-21

Option 1

FY 21-22

Option 2

FY 22-23

Option 3

FY 23 -24

Option 4

FY 24-25

CLIN Total

Refrigeration

Systems

$110,332.00 $228,866.00 $357,033.00 $0.00 $0.00 $695,931.00

Training $3,823.00` $7,952.00 $8,270.00 $8,600.00 $8,944.00 $37,589.00

Technical

Representative

Services

$3,823.00 $7,952.00 $8,270.00 $8,600.00 $8,944.00 $37,589.00

Travel $3,640.00 $7,572.00 $7,874.00 $8,190.00 $8,516.00 $35,792.00

Onboard Spare

Parts Kits

$4,648.00 $9.668.00 $15,081.00 $0.00 $0.00 $29,397.00

System Stock

Parts

Crankcase, Heater

$61.00 $63.00 $65.00 $67.00 $69.00 $325.00

Rupture Disc

#5526300

$768.00 $792.00 $840.00 $864.00 $888.00 $4,152.00

Rupture Disc

#77BSB2271

$414.00 $426.00 $438.00 $450.00 $468.00 $2,196.00

CLIN

Description

Base

FY 20-21

Option 1

FY 21-22

Option 2

FY 22-23

Option 3

FY 23 -24

Option 4

FY 24-25

CLIN Total

Relief Valve

#5250A-1/2-

$102.00 $105.00 $108.00 $111.00 $115.00 $541.00

#AH15502

$42.00 $43.00 $45.00 $46.00 $47.00 $223.00

#AE11512

$98.00 $100.00 $104.00 $108.00 $110.00 $520.00

Thermal

Expansion

Valve

#SBFJE-AA-

C, $167.00 $172.00 $177.00 $182.00 $188.00 $886.00

Compressor $2,588.00 $2,666.00 $2,746.00 $2,828.00 $2,913.00 $13,741.00

Condenser $3,341.00 $3,441.00 $3,545.00 $3,651.00 $3,760.00 $17,738.00

FY Total $133,547.00 $269,818.00 $404,596.00 $33,697.00 $34,962.00 $876,620.00

*Base period estimates are based on the 4th option year of contract number HSCG40-15-D-60362, expired 03/2020. Analysis of maintenance requirements for number of Cutters with new refrigeration systems installed for each option year was also taken into consideration. Estimate includes a 4% escalation rate per year to account for inflation.

3. DESCRIPTION OF SUPPLIES/SERVICES:

This acquisition will procure six (6) Refrigeration Systems, Carrier Refrigeration P/N

90YR20NSZ3ND6M9Z-225; Technical Representative Services to assist with commissioning;

operational and maintenance training; an Onboard Repair Parts Kit; and system stock parts for the remaining 225’ WLB cutters scheduled for their 225’ MMA.

4. IDENTIFICATION OF STATUTORY AUTHORITY PERMITTING OTHER THAN

FULL AND OPEN COMPETITION:

The statutory authority permitting other than full and open competition is 41 USC 1901 as implemented by FAR 13.501(a)(1)(ii), Simplified Procedures for Certain Commercial Items.

5. IDENTIFICATION OF EXCEPTION TO BUY AMERICAN STATUTE. Does not apply

6. DEMONSTRATION THAT THE PROPOSED CONTRACTOR’S UNIQUE

QUALIFICATIONS OR THE NATURE OF THE ACQUISITION REQUIRES USE OF

AUTHORITY CITED:

This acquisition will be solicited on brand name basis from the OEM, and/or their authorized distributors, utilizing the authority cited to ensure compatibility with existing equipment. The OEM has numerous authorized distributors therefore price competition is expected. These refrigeration systems are being procured to upgrade the walk in freezers and coolers that store perishable food on the cutter. To date, ten (10) systems have been procured and installed on the 225’ class vessels.

These refrigeration systems, commissioning services, and operational and maintenance training, and system stock parts were previously procured from Quality Refrigeration, an OEM distributor, under

Contract Number HSCG40-15-D-60632 which expired on March 23, 2020. Procuring these remaining systems, and related services, from the OEM and/or their authorized distributors, will allow the Government to ensure form, fit, and function with existing equipment and avoid a duplication of efforts in cataloging and provisioning. It is prudent that military organizations maintain assets that provide interchangeability of parts and systems when necessary to maintain mission operational success. The use of other then OEM parts that are not manufactured in accordance with OEM specifications, materials, tolerances, etc., or other than OEM technical representatives could result in equipment failure rendering the systems inoperable. The use of other than OEM technical representatives will void any warranties provided to the Government.

These risks will not only pose potential safety issues for the crew, but also an organizational risk to mission success if multiple vessels are down at once without the interchangeable parts to maintain operational levels. The USCG does not possess the necessary data rights to detailed technical information required to obtain full and open competition. The drawings and technical data are proprietary and rights were not procured under the previous contract. The Government does not have the required technical information to allow the evaluation of other OEM systems.

7. DESCRIPTION OF EFFORTS MADE TO ENSURE THAT OFFERS ARE SOLICITED

FROM AS MANY POTENTIAL SOURCES AS IS PRACTICABLE:

An Acquisition Planning Forecast (APFS) record F2019046094 was posted to the APFS website on

May 7, 2019 with no inquiries made in response to the announcement. A sources sought notice, Number 70Z04020Q60975, was posted on www.beta.sam.gov on July 7, 2020. This notice advised industry of the Government’s intent to solicit and negotiate with only the OEM and/or their authorized distributors in order to maintain form, fit, and function with existing equipment.

Interested vendors were invited to submit information discussing their capabilities to provide these systems within ten (10) calendar days of the posting date. As noted in paragraph 11, one response was received from an authorized Carrier distributor requesting a copy of the solicitation when released. In addition to the sources sought notice, attempts were made to obtain the proprietary data from Carrier Marine & Offshore on July 10, 2020. On July 13, 2020, Carrier Refrigeration responded indicating they would not release data rights to the USCG.

8. DETERMINATION BY THE CONTRACTING OFFICER THAT THE ANTICIPATED

COST TO THE GOVERNMENT WILL BE FAIR AND REASONABLE:

The Contracting Officer anticipates that the cost to the USCG will be fair and reasonable based on historical prices paid; comparison to the Independent Government Estimate; and price competition obtained from OEM authorized distributors. These systems were previously procured under

Contract Number HSCG40-15-D-60362 which expired on March 23, 2020. Price analysis will be performed to ensure fair and reasonable prices are obtained. Additionally, in accordance with FAR and DHS policy, the offeror may be required to submit data other than certified cost or pricing data.

9. DESCRIPTION OF MARKET RESEARCH:

In accordance with FAR 10.001 (a)(2), market research was conducted during the period of April

20, 2019 through July 7, 2020, 2020 by the Contracting Officer’s Representative (COR) and

Contract Specialist. While other refrigeration systems exist in the commercial marketplace, the

Government does not possess the technical and engineering data required to evaluate alternate parts to ensure form, fit, and function with existing equipment. In addition to searching the Internet, a sources sought notice was published to www.beta.sam.gov on July 7, 2020. As noted in paragraph

11, one response was received, from an authorized Carrier distributor, requesting a copy of the solicitation when released.

10. ANY OTHER FACTS SUPPORTING THE USE OF OTHER THAN FULL AND OPEN

COMPETITION:

None.

http://www.beta.sam.gov/

11. LISTING OF THE SOURCES, IF ANY, THAT EXPRESSED, IN WRITING, AN

INTEREST IN THE ACQUISITION:

The following response(s) were received as a result of the sources sought notice posted on www.beta.sam.gov on July 7, 2020. No responses were received as a result of the APFS

F2019046094 notice posted on apfs.dhs.gov on May 7, 2019.

Quality Refrigeration Systems Company Inc.

310 E. Harry Bridges Blvd.

Wilmington, CA 90744

Phone (310) 549-1532

12. A STATEMENT OF THE ACTIONS, IF ANY, THE AGENCY MAY TAKE TO

REMOVE OR OVERCOME ANY BARRIERS TO COMPETITION BEFORE ANY

SUBSEQUENT ACQUISITIONFOR SUPPLIES OR SERVICES REQUIRED.

Carrier Refrigeration owns all data rights for these refrigeration systems and will not release the information to the Coast Guard to allow for a competitive procurement. It is not anticipated that future quantities will be required however, the Coast Guard will continue its attempts to obtain proprietary data rights and conduct market research in accordance with FAR Part 10, with a focus on locating contractors capable of meeting the requirement before subsequent acquisitions occur.