REDACTED JOTFOC.pdf

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 70Z04021Q61013B00

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 sole source basis, to procure five (5) Bridge Window Wiper systems, Wynn Marine P/N IM-1588-115-101-PARV81; an onboard spare parts kit, P/N IM-225WLB-OBRP;

and various system stock parts, to complete installation on the remaining 225’ WLB cutters scheduled for their Major Maintenance Availability (MMA). 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 $1,602,964.00, to the only authorized distributor for the

Original Equipment Manufacturer (OEM), In-Mar Solutions, Inc., 3011 S. Ruby Avenue, Gonzales, LA 80955, DUNS Number 809557254, on a sole source 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

Window Wiper systems

$103,721.00 $107,870.00 $112,185.00 $0.00 $0.00 $535,267.00

Onboard Repair

Parts Kits

$3,976.00 $4,135.00 $4,300.00 $0.00 $0.00 $20,522.00

Systems Stock

Parts:

Articulated Blade

Assy, 1000mm

$124.00 $127.00 $131.00 $135.00 $139.00 $43,790.00

Articulated Blade

Assy, 700mm

$124.00 $127.00 $131.00 $135.00 $139.00 $7,292.00

Articulated Blade

Assy, 600mm

$124.00 $127.00 $131.00 $135.00 $139.00 $14,599.00

Articulated Blade

Assy, 800mm

$124.00 $127.00 $131.00 $135.00 $139.00 $58,397.00

Articulated Bladed

Assy, 900mm

$124.00 $127.00 $131.00 $135.00 $139.00 $29,206.00

V-Belt, stroke

660mm

$88.00 $90.00 $93.00 $96.00 $99.00 $6,153.00

V-Belt, stroke, 710mm

$88.00 $90.00 $93.00 $96.00 $99.00 $6,153.00

V-Belt, stroke, 840mm

$88.00 $90.00 $93.00 $96.00 $99.00 $24,402.00

V-Belt, stroke, 865mm

$88.00 $90.00 $93.00 $96.00 $99.00 $18,354.00

V-Belt, stroke, 1145mm

$88.00 $90.00 $93.00 $96.00 $99.00 $6,163.00

V-Belt, stroke, 1560mm

$88.00 $90.00 $93.00 $96.00 $99.00 $31,23.00

Blade Arm Pivot

Blocks

$46.00 $48.00 $49.00 $51.00 $52.00 $2,300.00

Blade Arm Assy, 400mm

$376.00 $387.00 $399.00 $411.00 $423.00 $18,659.00

Blade Arm Assy, 500mm

$376.00 $387.00 $399.00 $411.00 $423.00 $42,590.00

Blade Arm Assy

550mm

$376.00 $387.00 $399.00 $411.00 $423.00 $24,354.00

Blade Arm Assy, 500mm

$376.00 $387.00 $399.00 $411.00 $423.00 $56,482.00

Blade Arm Assy, 600mm

$376.00 $387.00 $399.00 $411.00 $423.00 $36,519.00

Blade Arm Tension

Spring

$26.00 $27.00 $27.00 $28.00 $29.00 $18,307.00

Carriage Plate Assy $541.00 $557.00 $574.00 $591.00 $609.00 $60,992.00

Connecting Rod

Assy

$314.00 $324.00 $333.00 $343.00 $354.00 $35,424.00

Drive Shaft &

Pulley Assy

$592.00 $610.00 $628.00 $647.00 $667.00 $66,772.00

Idler Pulley Assy $314.00 $324.00 $333.00 $343.00 $354.00 $35,424.00

Blade Arm Pivot

Blocks, 3.0 ft.

$46.00 $48.00 $49.00 $51.00 $52.00 $747.00

Blade Arm Pivot

Blocks, 3.2 ft.

$46.00 $48.00 $49.00 $51.00 $52.00 $4,843.00

Blade Arm Pivot

Blocks, 5.0 ft.

$46.00 $48.00 $49.00 $51.00 $52.00 $4,147.00

Blade Arm Pivot

Block, 4.0 ft.

$46.00 $48.00 $49.00 $51.00 $52.00 $2,748.00

Heater, 8-3 $479.00 $493.00 $508.00 $523.00 $539.00 $28,383.00

Heater, 8-4 $479.00 $493.00 $508.00 $523.00 $539.00 $99,594.00

Heater, 8-6 $479.00 $493.00 $508.00 $523.00 $539.00 $13,922.00

Heater, 8-8 $479.00 $493.00 $508.00 $523.00 $539.00 $7,716.00

Wiper Motor, Buoy

Deck

$1,391.00 $1,432.00 $1,475.00 $1,519.00 $1,565.00 $21,016.00

Wiper Motor $1,391.00 $1,432.00 $1,475.00 $1,519.00 $1,565.00 $255,862.00

Self-Parking Assy $138.00 $140.00 $144.00 $149.00 $153.00 $42,652.00

Totals $314,732.00 $372,895.00 $313,180.00 $270,212.00 $331.945.00 $1,602,964.00

*Base period estimates are based on the 4th option year of contract number HSCG40-15-D-60367, expired 07/2020. Analysis of maintenance requirements for number of Cutters with new window wiper systems installed for each option year was also taken into consideration. Estimate includes a 3% escalation rate per year to account for inflation, consistent with the previous acquisition.

3. DESCRIPTION OF SUPPLIES/SERVICES:

This acquisition will procure five (5) Bridge Window Wiper systems, B. Hepworth and Company, Ltd. P/N IM-1588-115-101-PARV81; an onboard spare parts kit, P/N IM-225WLB-OBRP; and various 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. The USCG has not identified any necessary exception to the Buy American Act or Trade Agreements Act.

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 sole source basis from the only authorized OEM distributor utilizing the authority cited to ensure compatibility with existing equipment. The OEM does not sell directly to the Government therefore the window wiper systems must be procured through the authorized distributor. These window wiper systems are being procured to as an exact replacement of the existing systems that function during inclement weather to effectively remove rain, snow, green water, and other visual obstructions from the bridge and crane cab windows. These systems were previously procured from In-Mar Solutions, Inc. under Contract Number HSCG40-15-D-60367 which expired on July 23, 2020. To date, ten (10) systems have been procured and installed on the

225’ class vessels as part of the 225’ MMA program and are installed on various other Coast Guard platforms including the 154’ WPC, 418 WMSL, and have been selected for installation onboard the

OPC cutters. Procuring these remaining systems 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 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:

Acquisition Planning Forecast (APFS) record F2021053019 was posted to the APFS website on

March 10, 2021 with no inquiries made in response to the announcement. A sources sought notice, Number 70Z04021Q61013B00, was posted on www.beta.sam.gov on February 9, 2021. 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. In addition to the sources sought notice, attempts were made to obtain the proprietary data from B. Hepworth and Company, Ltd. on February 8, 2021. On February 9, 2021, B.

Hepworth and Company, Ltd. 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 and comparison to the Independent Government Estimate. These systems were previously procured under Contract Number HSCG40-15-D-60367 which expired on July 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, 2020 through February 9, 2021 by the Contracting Officer’s Representative (COR) and

Contract Specialist. While other wiper 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 February 9, 2021. 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 February 9, 2021 nor the APFS record, F2019046094, posted on apfs.dhs.gov on March 10, 2021.

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.

B. Hepworth and Company, Ltd. owns all data rights for these window wiper 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.