S60 TimeMat_JotFOC - 13SEP24_Redacted.pdf
PDF 180 KB Posted
- Attached to
- MTU 60 Series Marine Engine Repair
- Solicitation number
- 70Z04024P51809B00
About this file
This document is a Justification for Other Than Full and Open Competition under Simplified Acquisition Procedures (FAR 13.106-1(b)) for the repair of two MTU Detroit Diesel Series 60 marine engines and a Twin Disc 5114 reduction gear used on a U.S. Coast Guard 45' Response Boat Medium.
The justification cites 10 U.S.C. 3204(a)(1) as the authority, stating that MTU is the sole source provider as the original equipment manufacturer and sole possessor of the necessary technical data required to properly repair the engines. The Coast Guard does not have the rights to the proprietary technical data needed to allow for open competition. The repair work must be performed by MTU-authorized distributors to maintain the engines' performance and reliability, and to ensure compliance with manufacturer warranty requirements. The estimated amount of the contract is over the micro-purchase threshold but within the simplified acquisition threshold. The contract was awarded to The W.W. Williams Company, LLC on September 24, 2024.
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JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION
SIMPLIFIED ACQUISITION PROCEDURES (SAP) FAR 13.106-1(b)
SOLICITATIONS MAY BE LIMITED TO ONE SOURCE ONLY IF THE CONTRACTING OFFICER DETERMINES THAT ONLY ONE SOURCE IS REASONABLY AVAILABLE. THIS DETERMINATION MUST BE SUPPORTED WITH FULL JUSTIFICATION FOR SOLE SOURCE FROM THE CUSTOMER. WHEN THE CUSTOMER DESCRIBES AN ITEM WITH A PURCHASE DESCRIPTION WHICH LIMITS THE AVAILABILITY TO ONE SOURCE, THE JUSTIFICATION MUST EXPLAIN WHY THE ITEM IS THE ONLY ONE THAT WILL MEET THE GOVERNMENT’S REQUIREMENT. STATEMENTS SUCH AS "ONLY KNOWN SOURCE" OR "ONLY SOURCE WHICH CAN MEET THE REQUIRED DELIVERY DATE" ARE INADEQUATE TO SUPPORT A SOLE SOURCE PURCHASE. Do not use marketing language in this document. Language such as “This company has made its mark,” “This company is recognized as industry’s best,” and “This company is the leader in…” is unacceptable.
PURCHASE REQUEST OR REQUISITION
NUMBER
PROJECT/TASK
ESTIMATED AMOUNT (Over Micro- Purchase Threshold, but up to the SAT)
CITE AUTHORITY & JUSTIFICATION TYPE – READ FAR 6.302 TO DETERMINE APPROPRIATE TYPE
10 U.S.C. § 3204(a)(1) ONLY ONE RESPONSIBLE SOURCE AND NO OTHER SUPPLIES OR SERVICES WILL SATISFY
AGENCY REQUIREMENTS.
10 U.S.C. § 3204(a)(2) UNUSUAL AND COMPELLING URGENCY
10 U.S.C. § 3204(a)(3)
INDUSTRIAL MOBILIZATION; ENGINEERING, DEVELOPMENTAL, OR RESEARCH CAPABILITY; OR
EXPERT SERVICES
10 U.S.C. § 3204(a)(4) INTERNATIONAL AGREEMENT
10 U.S.C. § 3204(a)(5) AUTHORIZED OR REQUIRED BY STATUTE
10 U.S.C. § 3204(a)(6) NATIONAL SECURITY
10 U.S.C. § 3204(a)(7) PUBLIC INTEREST [SECRETARY OF HOMELAND SECURITY NEEDS TO APPROVE THIS DOC]
BRIEF DESCRIPTION OF SUPPLIES OR SERVICES REQUIRED, AND THE INTENDED USE.
The SBPL has a requirement for the purchase of commercial products (parts) and services on a brand name basis for the repair of two (2) Motoren-und Turbinen-Union (MTU) Detriot Diesel 60 Series (S60) marine engines and the attached Twin Disc 5114 reduction gear currently used on the 45’ Response Boat Medium (RB-M).
Port Series 60 Engine NSN: 2895-01-590-7317 Stbd Series 60 Engine NSN: 2895-01-590-7303 UNIQUE CHARACTERISTICS THAT LIMIT AVAILABILITY TO ONLY ONE SOURCE, WITH THE REASON NO OTHER SUPPLIES OR SERVICES CAN BE USED. This particular brand name limitation is essential to the USCG’s requirements.
Market research indicates other companies’ similar products, or products lacking the particular OEM configuration, do not meet, or cannot be modified to meet, the agency’s needs, which are to maintain the level of performance and reliability of the Series 60 marine engines provided by OEM parts and repair services. The USCG does not possess the technical data rights necessary to allow for an open competition amongst the many qualified engine repair companies in the commercial marketplace. As a result, only those companies that MTU grants the proprietary technical data and drawings would be qualified to perform the repair work.
In addition, MTU will not allow any other company to purchase the required replacement parts necessary to complete the repairs.
A DESCRIPTION OF EFFORTS MADE TO ENSURE THAT QUOTATIONS OR OFFERS ARE SOLICITED FROM AS MANY
POTENTIAL SOURCES AS PRACTICABLE (INCLUDE YOUR MARKET RESEARCH EFFORTS HERE).
The USCG does not have the OEM proprietary data to determine if other manufacture’s parts meet the OEM specifications and requirements to ensure form, fit and function of existing government equipment. To ensure that there would be adequate competition, the USCG requested and was provided a list of all of MTU’s authorized distributors capable of repairing the Series
60 marine engine. The OEM provided a list of 6 vendors capable of providing the requested service.
REASON THAT SUGGESTED SOURCE IS THE ONLY SOURCE WHICH CAN PROVIDE THE SUPPLIES OR SERVICES.
MTU is the OEM of the 60 series Marine engine that the Coast Guard is required to use. MTU is the sole possessor of the drawings and other technical information required to properly repair the engines. The Coast Guard would take a huge risk by having a non MTU distributor perform work on these engines. Without having the correct performance criteria program from
MTU, a non MTU distributor cannot accurately perform the dynamometer testing IAW the specification. In addition, power applied on the dyno is maximum horsepower and a non MTU certified technician could damage or destroy these engines if they are not qualified to perform the test as per the MTU S60 engine performance criteria. If theses engines are tested outside of the
MTU/Detroit Dealer Distributors, they will be disqualified from receiving a manufacturer’s warranty of 1 year or 1,000 hrs in service or 2 years storage as opposed to other than manufacturer’s warranties which are typically 60-90 days.
March 8, 2023 Version https://www.acquisition.gov/far/part-6#FAR_6_302 https://www.acquisition.gov/far/part-6#FAR_6_302 https://www.acquisition.gov/far/part-6#FAR_6_302 https://www.govinfo.gov/link/uscode/10/3204 https://www.govinfo.gov/link/uscode/10/3204 https://www.govinfo.gov/link/uscode/10/3204 https://www.govinfo.gov/link/uscode/10/3204 https://www.govinfo.gov/link/uscode/10/3204 https://www.govinfo.gov/link/uscode/10/3204 https://www.govinfo.gov/link/uscode/10/3204 https://www.govinfo.gov/link/uscode/10/3204 https://www.govinfo.gov/link/uscode/10/3204 https://www.govinfo.gov/link/uscode/10/3204 https://www.govinfo.gov/link/uscode/10/3204 https://www.govinfo.gov/link/uscode/10/3204 https://www.govinfo.gov/link/uscode/10/3204 https://www.govinfo.gov/link/uscode/10/3204 https://www.govinfo.gov/link/uscode/10/3204 https://www.govinfo.gov/link/uscode/10/3204 https://www.govinfo.gov/link/uscode/10/3204 https://www.govinfo.gov/link/uscode/10/3204 https://www.govinfo.gov/link/uscode/10/3204 https://www.govinfo.gov/link/uscode/10/3204 https://www.govinfo.gov/link/uscode/10/3204 https://www.govinfo.gov/link/uscode/10/3204 https://www.govinfo.gov/link/uscode/10/3204 https://www.govinfo.gov/link/uscode/10/3204 https://www.govinfo.gov/link/uscode/10/3204 https://www.govinfo.gov/link/uscode/10/3204 https://www.govinfo.gov/link/uscode/10/3204 https://www.govinfo.gov/link/uscode/10/3204 https://www.govinfo.gov/link/uscode/10/3204 https://www.govinfo.gov/link/uscode/10/3204 https://www.govinfo.gov/link/uscode/10/3204 https://www.govinfo.gov/link/uscode/10/3204 https://www.govinfo.gov/link/uscode/10/3204 https://www.govinfo.gov/link/uscode/10/3204 https://www.govinfo.gov/link/uscode/10/3204 https://www.govinfo.gov/link/uscode/10/3204
EXPLAIN WHY AN ADEQUATE PURCHASE DESCRIPTION OR OTHER INFORMATION SUITABLE TO SOLICIT BY FULL
AND OPEN COMPETITION HAS NOT BEEN DEVELOPED OR ARE NOT AVAILABLE.
This is a proprietary commercial item of the OEM. The reproduction of manufacturing drawings, specifications and other technical data related to this item and it’s repair were never purchased by the U.S. Coast Guard and therefore are controlled by and remain the sole property of the OEM.
PROVIDE A STATEMENT OF ACTIONS, IF ANY, THE GOVERNMENT MAY TAKE TO REMOVE OR OVERCOME ANY
BARRIERS TO COMPETITION BEFORE FUTURE ACQUISITIONS ARE REQUIRED.
No action can be taken within reason to remove foreseeable barriers for non-OEM competition for future acquisitions.
SIGNATURE AND TITLE OF CUSTOMER CODE
TELEPHONE
DATE
SIGNATURE OF CONTRACTING OFFICER
CODE TELEPHONE
DATE
March 8, 2023 Version
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