REDACTED JOTFOC.pdf

BRAND NAME JUSTIFICATION

For Certain Commercial Items for Procurements Exceeding the Simplified Acquisition

Threshold pursuant to FAR Subpart 13.5, Including Brand Name

Solicitation Number 70Z04021Q60889B00

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) Fire and Smoke Alarm Systems, Honeywell/Notifier P/N 60669-WLB-225B, 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; and an onboard spare parts kit, P/N 60669-WLB-225B-

SP. 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 $966,449.00, to an authorized distributor for the Original Equipment Manufacturer (OEM), Honeywell/Notifier, 12 Clintonville Road, Northford, CT 06472 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 2021-FY 2026

CLIN

Description

Base

FY 21-22

Option 1

FY 22-23

Option 2

FY 23-24

Option 3

FY 24-25

Option 4

FY 25-26

CLIN Total

Fire and

Smoke Alarm

Systems

$125,737.00 $261,554.00 $408,024.00 $0.00 $0.00 $795,325.00

Training $6,490.00 $6,750.00 $7,020.00 $7,300.00 $3,796.00 $31,356.00

Technical

Representative

Services

$16,224.00 $16,872.00 $17,548.00 $18,250.00 $9,490.00 $78,384.00

Travel $9,734.00 $10,124.00 $10,528.00 $10,950.00 $5,694.00 $47,030.00

Onboard Spare

Parts Kits

$2,269.00 $4,720.00 $7,365.00 $0.00 $0.00 $14,354.00

FY Total $160,464.00 $300,020.00 $450,485.00 $36,500.00 $18,980.00 $966,449.00

*Base period estimates are based on the 4th option year of contract number HSCG40-15-D-60669, expired 05/2020. Analysis of maintenance requirements for number of Cutters with new fire and smoke alarm 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) Fire and Smoke Alarm Systems, Honeywell/Notifier P/N 60669-

WLB-225B; technical support services to assist in commissioning of the new systems; operational and maintenance training; and an onboard spare parts kit, P/N 60669-WLB-225B-SP, 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 an authorized OEM distributor utilizing the authority cited to ensure compatibility with existing equipment. The OEM has numerous authorized distributors therefore price competition is expected. These fire and smoke alarm systems are being procured to replace the existing systems to alert the ship’s crew to the presence of any fire or smoke aboard the Cutter. These systems, commissioning services, and operational and maintenance training were previously procured from Integrated Computer Technology, an OEM distributor, under Contract Number HSCG40-15-D-60669 which expired on May 5, 2020. To date, ten (10) systems have been procured and installed on the 225’ class vessels as part of the 225’ MMA program. Procuring these remaining systems, and related services, from an authorized OEM distributor, will allow the Government to ensure form, fit, and function with existing equipment and avoid a duplication of efforts in cataloging and provisioning. The use of other than OEM parts that are not manufactured in accordance with OEM specifications, materials, tolerances, etc., or the use of other than OEM technical representatives, could result in equipment failure rendering the systems inoperable. 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 use of other than OEM technical representatives will void any warranties for equipment that are provided to the Government.

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 F2019046098 was posted to the APFS website on

May 7, 2019 with no inquiries made in response to the announcement. A sources sought notice, Number 70Z04020Q60974, 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. No responses were received. An amendment to this notice was posted on October 29, 2020, advising industry of the change in the solicitation number to 70Z04021Q60889B00. No responses were received. In addition to the sources sought notice, attempts were made to obtain the proprietary data from Honeywell/Notifier on August 20, 2020. On August 25, 2020, Honeywell/Notifier responded indicating they would not release data rights to the USCG.

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

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-60669 which expired on May 5, 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 October 22, 2020 by the Contracting Officer’s Representative (COR) and

Contract Specialist. While other fire and smoke alarm 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. No responses were received as a result of this notice.

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

COMPETITION:

None.

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

INTEREST IN THE ACQUISITION:

No responses were received as a result of the sources sought notice posted on www.beta.sam.gov on July 7, 2020 not the APFS record, F2019046094, posted on apfs.dhs.gov on May 7, 2019.

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.

Honeywell/Notifier owns all data rights for these fire and smoke alarm 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.