SAP JOTFOC for FAR 13.1_WI 13_DS STONE FY24-Q4_Redacted.pdf

March 8, 2023 Version

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

STONE DS FY24

FQ4 / WI 13

ESTIMATED AMOUNT

CITE AUTHORITY & JUSTIFICATION TYPE – READ 13.5 TO DETERMINE APPROPRIATE TYPE

41 U.S.C.1901

Simplified acquisition procedures. (a) When Procedures Are To Be Used.—To promote efficiency and economy in contracting and to avoid unnecessary burdens for agencies and contractors, the Federal Acquisition Regulation shall provide for special simplified procedures for purchases of property and services for amounts— (1) not greater than the simplified acquisition threshold; and (2) greater than the simplified acquisition threshold but not greater than $5,000,000 for which the contracting officer reasonably expects, based on the nature of the property or services sought and on market research, that offers will include only commercial items.

X

Brand Name:

If only a portion of the acquisition is for a brand-name product or item peculiar to one manufacturer, the justification and approval is to cover only the portion of the acquisition which is brand-name or peculiar to one manufacturer. The justification should state it is covering only the portion of the acquisition which is brand-name or peculiar to one manufacturer, and the approval level requirements will then only apply to that portion.

This requirement applies to FAR 6 and FAR 13.5 justifications.

41 U.S.C.1903

Special Emergency Procurement Authority. The authorities provided in subsections (b) and (c) apply with respect to a procurement of property or services by or for an executive agency that the head of the executive agency determines are to be used— (1)in support of a contingency operation (as defined in section 101(a) of title 10); (2)to facilitate the defense against or recovery from cyber, nuclear, biological, chemical, or radiological attack against the United States; (3)in support of a request from the Secretary of State or the Administrator of the United States Agency for International Development to facilitate the provision of international disaster assistance pursuant to chapter 9 of part I of the Foreign Assistance Act of 1961 (22 U.S.C. 2292 et seq.); or (4)in support of an emergency or major disaster (as those terms are defined in section 102 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5122)). (b)Increased Thresholds and Limitation.—For a procurement to which this section applies under subsection (a)— (1)the amount specified in section 1902(a), (d), and (e) of this title shall be deemed to be— (A) $15,000 in the case of a contract to be awarded and performed, or purchase to be made, in the United States; and (B) $25,000 in the case of a contract to be awarded and performed, or purchase to be made, outside the United States; (2)the term “simplified acquisition threshold” means— (A) $750,000 in the case of a contract to be awarded and performed, or purchase to be made, in the United States; and (B) $1,500,000 in the case of a contract to be awarded and performed, or purchase to be made, outside the United States; and http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3

March 8, 2023 Version

1. (3) the $5,000,000 limitation in sections 1901(a)(2) and 3305(a)(2) of this title and section 3205(a)(2) of title 10 is deemed to be $10,000,000.

BRIEF DESCRIPTION OF SUPPLIES OR SERVICES REQUIRED, AND THE INTENDED USE. The USCG requires the use of OEM’s for tech rep services to accomplish the following requirements: Work Item (WI) 13: The Contractor must provide the services of an OEM authorized / licensed Tech Rep for the Cutter Capstans (Federal Equipment Co.) to accomplish the following on site:

• Provide manufacturer's proprietary information, software, and tools pertinent to the equipment/system

• Assist with proper repair methods, and ensure compliance with manufacturer's procedures and standards during disassembly, inspection, repair, modification, calibration, and reassembly of the equipment/system

• Observe initial testing to identify any major mechanical issues

• Adjust and set limits switches associated with the equipment

UNIQUE CHARACTERISTICS THAT LIMIT AVAILABILITY TO ONLY ONE SOURCE, WITH THE REASON NO OTHER SUPPLIES OR SERVICES CAN BE USED. Per the Specs, specifically WI 13, the contractor must provide the services of an OEM Tech to perform the requirements on a Level 2 Overhaul and Repair on the Capstan per the specs. Certain necessary manufacturing data may be needed to complete the repairs which are proprietary and controlled by Federal Equipment. The OEM is the only known respective source that possesses the required capabilities, drawings, specifications, engineering control procedures and proprietary required to maintain and support the specifics of the cutter capstans.

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).

Work Item will be solicited for competition in the STONE FY24, Q4 DS availability specification package.

REASON THAT SUGGESTED SOURCE IS THE ONLY SOURCE WHICH CAN PROVIDE THE SUPPLIES OR SERVICES.

Services are required to ensure compliance for work being performed on the project Work Item. The absence of the OEM technical representative on-site could cause significant damage to equipment. The manufacturing drawing and specifications are proprietary to the OEM and have not been purchased by the Coast Guard. Federal Equipment Company is the sole proprietor of the data rights for this component. Only those Technical Representatives which have been certified by Federal Equipment Company can execute the work.

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. Due to the manufacturing of the vessel, it has unique components such as these that require an OEM certified tech rep to perform the work. Each Technician must have the techniques, design specifications, testing, quality assurance capability, and documentation necessary to provide services on the work item.

PROVIDE A STATEMENT OF ACTIONS, IF ANY, THE GOVERNMENT MAY TAKE TO REMOVE OR OVERCOME ANY BARRIERS TO COMPETITION BEFORE FUTURE ACQUISITIONS ARE REQUIRED. The USCG will continue to conduct market research; however, without proprietary technical information described above, obtaining full and open competition is not realistic. The Coast Guard cannot require any vendor to release proprietary information.

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