RWY 23 Thales 420 JA signed.pdf

JUSTIFICATION AND APPROVAL FOR OTHER THAN FULL AND OPEN

COMPETITION

10 U.S.C. 2304(c)(7)

Pursuant to the requirements of the Competition in Contracting Act (CICA) as implemented by the Federal Acquisition Regulation (FAR) Subpart 6.3 and in accordance with the requirements of FAR 6.303-1, the justification for the use of the statutory authority under FAR Subpart 6.3 is justified by the following facts and rationale required under FAR 6.303-2 as follows:

1. Agency and Contracting Activity Base Procurement and Contracting Office (DOL-95), 300 East Main Street Ste. 965, Norfolk VA, proposes to enter into a contract on a basis of other than full and open competition for Coast Guard Air Station Cape Cod. This document is a justification for other than full and open competition.

2. Nature and/or Description of the Action being Approved. DHS intends to procure on a sole source basis a new fixed-price contract with Thales Airspace Mobility Solutions U.S. 10950 El Monte St. Suite 110 Overland Park, KS 66211. With an estimated total value of ~$460,000. Pending availability and COVID-related delays, it is expected this contract would take place between August 2021 and January 2022. Funding type is expected to be AFC-30 operations and support funds, funded for FY21. An Instrument Landing System (ILS) system allows aircraft to land during inclement/low visibility conditions which are often encountered during search and rescue operations in New England. Without this system aircraft/crews may be unable to return to home station, affecting the Coast Guard’s ability to support subsequent search and rescue and medical evacuation missions.

3. Description of Supplies/Services. The requirement is to provide and install a complete

Thales 420 Instrument Landing System (ILS) at Coast Guard Air Station Cape Cod, Buzzards Bay, MA. This will allow the Coast Guard to maintain their readiness during inclement weather.

4. Identification of Statutory Authority Permitting Other Than Full and Open

Competition. The statutory authority permitting other than full and open competition is 41 U.S.C.253(c)(1) as implemented by the Federal Acquisition Regulation (FAR) Subpart 6.302-1entitled, “Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements.”

5. Identification of Exception to the Buy American Statute. Thales USA is based in

Park, KS and is a United States Based Entity.

6. Demonstration that the proposed contractor’s unique qualifications or the nature of the acquisition requires use of the authority cited. Thales International is the sole manufacturer/distributor of the 420 ILS system. The 420 system is the only ILS the FAA is training their technicians to certify and maintain. The Coast Guard must select the system that is supported by the FAA as there is an existing, on-going Reimbursable Agreement between Air Station Cape Cod and the FAA for the maintenance of this (and other) systems critical to safe Coast Guard aviation. There are no other known instrument landing systems manufactured or distributed that are supported by the FAA other than older legacy systems that are currently being replaced nationwide with the Thales 420. These older systems are being phased out by the FAA due to non-availability of replacement parts. If the Coast Guard does not procure the Thales system, the search and rescue mission could be severely hindered, if not stopped due to the impact on aircraft and aircrew.

7. Description of Efforts Made to Ensure that Offers are Solicited from as Many

Potential Sources as is Practicable. Other offers were not solicited as the Thales system is the only system supported/maintained by FAA technicians

8. [Determination by the Contracting Officer that the Anticipated Cost to the

Government will be Fair and Reasonable.] The contracting officer determines that the anticipated costs or price to the Government for this proposed action will be fair and reasonable based upon the commercial pricelists and acquisitions history.

9. Description of Market Research. Market research was conducted online. The ILS is a highly specialized system that must be certified for use by the FAA to ensure flight safety. There is no alternative landing system used by the Coast Guard. There are only two manufactures of instrument landing systems that distribute in the United States – Thales and Selex. Selex is in use by the U.S. Air Force as they train their own technicians and maintain their own navigational aids. Thales was selected for use by the FAA in 2015 and is the only system deployed by the FAA for national ILS upgrade/replacement.

10. Any Other Facts Supporting the Use of Other Than Full and Open Competition.

Technical data packages and engineering descriptions have not been prepared because the FAA already has all of the technical specifications for the Thales 420 as part of their 420 implementation program in 2015. All 420 systems must meet these stringent technical specifications prior to certification for use. It is standard practice that any new 420 installation will meet the FAA technical requirements. Additional technical data is available in the prepared Statement of Work.

11. A Listing of the Sources, if Any That Expressed, in Writing, an Interest in the

Acquisition. No other sources expressed interest in this acquisition as it was not solicited due to the reasons stated previously.

12. A Statement of the Actions, if Any, the Agency May Take to Remove or Overcome

Any Barriers to Competition Before Any Subsequent Acquisition for Supplies or Services Required. There are no actions to be taken to remove barriers to competition for subsequent acquisitions of an Instrument Landing System unless a new technology or provider is established and accepted by the federal government; this is expected to be a sole source procurement since Thales is the only manufacturer/distributor for this system.

13. Technical/Requirements Personnel Certification. I certify this requirement meets the

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

Technical Representative Date

APPROVAL:

Contracting Officer Date