S1.4d_Gentex JOTFOC_final_Redacted.pdf

SOLE SOURCE JUSTIFICATION

For Certain Commercial Items for Procurements

Exceeding the Simplified Acquisition Threshold

Pursuant to FAR Subpart 13.5

Solicitation Number 70Z04020Q57250B00

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

(FAR) Subpart 13.501 and consistent with the content requirements of FAR 6.303-2, the following facts and rationale support this justification:

1. Agency and Contracting Activity.

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

Logistics Center (SFLC), Small Boat Product Line (SBPL), and Contract & Procurement

Division 3 (C&P3), located at 2401 Hawkins Point Road, Baltimore, MD 21226.

2. Nature and/or Description of the Action requiring Approval.

The USCG, SFLC, SBPL has a requirement for reoccurring purchase of new genuine

Original Equipment Manufacturer (OEM) parts that are proprietary to Gentex Corp. in support of the USCG’s 32’ Transportable Port Security Boat (TPSB), and 45’ Response

Boat – Medium (RB-M) crew communications system.

The USCG, SFLC SBPL anticipates that a requirements contract will be awarded in accordance with FAR Part 12, Acquisition of Commercial Items, using the procedures of

FAR Part 13.5, Simplified Procedures for Certain Commercial Items. The period of performance will include one (1) base year with four (4) one-year options. It is anticipated that funding will be provided through individual firm fixed-price delivery orders utilizing

AFC-42 Operating funds. The proposed requirements contract will be awarded to the OEM as the only authorized distributer.

Name and address of the OEM:

Gentex Corp.

645 Harvey Rd. Suite 102

Manchester, NH. 03103-3323

Keith Momburger

603-657-1322

3. Description of supplies/services.

The requirement is to provide the following parts:

CLIN PART NUMBER NIIN

0001 N101007-08-0007 RADIO INTERCONNECT/FACE CNTR 01-623-8594

0002 N100637-13 CREW CONNECTION POINT 01-623-7895

0003 N100643-00, TRANSCEIVER, PORTABLE (SPT) 01-623-5912

0004 N100316-03, AMP HEADSET 01-579-8106

0005 N761089-00, PTT WITH RETRACTILE LOWER CORD 01-579-2200

0006 N100686-02, RADIO CABLE FOR XTL5000 01-623-8527

0007 N100686-04, RADIO CABLE FOR HORIZON GX5500S 01-624-4829

0008 N100686-07, RADIO CABLE FOR MICOM-3T 01-623-7902

0009 N100750-00, ANTENNA W/CABLE AND MOUNT 01-634-0267

0010 N100645-00 SUPPORT STATION 01-632-0873

0011 N101008-09-0001,RRADIO INTERCONNECT/FACE CNTR 01-654-7133

0012 N100637-18, CREW CONNECTION POINT 01-657-6079

0013 N100686-00, RADIO CABLE FOR PRC-117 01-608-1140

0014 N251078-00, NETWORK CABLE 01-608-8774

0015 N795071-00, O RING, CCP 01-664-0315

0016 N101111-04-0002, RADIO INTERCONNEC/FACE CNTR 01-621-3757

0017 N101102-03, CREW CONNECTION POINT 01-622-4823

0018 N101102-02, CREW CONNECTION POINT 01-622-5009

0019 N101102-01, CREW CONNECTION POINT 01-622-5107

0020 N101109-00, CABLE RADIO HARRIS 01-622-5232

0021 N101108-00, CABLE RADIO MOTO 01-622-5249

0022 N101107-00, CABLE RADIO SH 01-622-5268

Total estimated cost including options is through funding on PR#

2120400B4200ZF004- 0000.

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. 1901 implemented by FAR 13.5, Simplified Procedures for Certain Commercial Items.

5. Demonstration that the Nature of the Acquisition Require Use of Authority Cited.

The system installed is manufactured by Gentex Corp. and the vendor does not sell their technical data or resell their products and therefore are the only company capable of providing the required OEM equipment. This particular type of change request is normally initiated when a part becomes obsolete, or during a major service life extension program for a given vessel class. Currently the 32’ TPSB and 45’ RB-M are already past the planned useful life for these hulls and as such, it would not be feasible fiscally or administratively to change the radios across both platforms. It is USCG SFLC belief that the system will likely be phased out over the coming 5 - 7 years and therefore staying with the Gentex Corp branded parts is in the best interest of the government. In addition, the OEM has informed

USCG via email on January 16, 2020, that it in fact is the sole distributor for the required parts.

6. Description of Efforts made to ensure that Offers are solicited from as Many Potential

Sources as is Practicable.

In accordance with FAR Subpart 5.2, in an effort to solicit as many potential sources as practical, a sources sought notice, 70Z04020S57250B00, was posted on Federal Business

Opportunities (FBO) website from October 22, 2019 through October 29, 2019 seeking other possible sources. The notice advised industry that it is the Government’s belief that the parts are manufactured specifically for the above listed boat classes and that the proprietary rights are held only by Gentex Corp. The notice provided other possible sources seven calendar days to respond and provide their capabilities to provide these OEM parts. The notice yielded no responses from any vendors other than the OEM.

7. Determination by the Contracting Officer that the Anticipated Cost to the Government will be fair and Reasonable.

The Contracting Officer (KO) will determined that the anticipated prices will be fair and reasonable based on comparison to the Independent Government Estimated (IGE), and available previous agency history of similar parts purchase under contract

70Z04019P55075B00.

8. Description of Market Research:

Extensive market research as prescribed in FAR Part 10 was conducted and concluded in

October 2019. Internet searches and government databases has concluded only Gentex

Corp. items can satisfy this purchase requirement. Additionally, the sources sought notice

70Z04020S57250B00 posted on October 22, 2019, yielded no additional potential sources or responses.

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

N/A.

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

Acquisition.

The USCG issued a sources sought notice, 70Z04020S57250B00, on FBO.gov from

October 22, 2019 through October 29, 2019 with no response from any vendors other than the OEM.

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

Barriers to Competition Before Any Subsequent Acquisitions for Supplies or Services

Required:

Gentex Corp has declined in the past to release proprietary data to the Coast Guard. On

October 19, 2019, data rights were again requested and declined by the OEM on October 22, 2019. The USCG will continue to conduct market research in the attempt to locate vendors that can satisfy the needs of the Coast Guard, including a requirement for manufacturer’s engineering/manufacturing drawings, detailed parts list, design or testing procedures, and other relevant information concerning these items.

Should a Service life extension program be considered for these platforms in the future, the

USCG will consider a class level replacement for the Gentex Corp products that are available from multiple sources.

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