SAP JOTFOC for FAR 13.1_WI 14_DS STONE FY24-Q4_Redacted.pdf
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- Attached to
- Dock-Side (DS): USCGC STONE FY24
- Solicitation number
- 70Z08524QLREP0009
About this file
This document is a Justification for Other Than Full and Open Competition (JOFOC) under Simplified Acquisition Procedures (SAP) for technical representative services to support dockside repairs on the USCGC STONE.
The U.S. Coast Guard requires the services of a certified technical representative from Federal Equipment Co., the original equipment manufacturer (OEM) of the Helo Hangar door system, to provide proprietary information, tools, and on-site technical assistance for disassembly, inspection, repair, and testing of the door system. Federal Equipment Co. is the sole source for this specialized support, as they hold the data rights and only their certified representatives can perform the work. Market research confirmed no other sources are reasonably available. The estimated value of this requirement is not specified. The technical representative services are needed to support a separate dockside repair contract for the USCGC STONE, with a period of performance from August 1, 2024 through October 22, 2024 and place of performance in North Charleston, South Carolina.
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Text version
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
NUMBER
STONE DS FY24
FQ4 WI 14
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) 14: The Contractor must provide the services of a licensed Tech Rep, who is familiar with the Helo Hangar door system (i.e., Federal Equipment Co. Model HH3000 Series) to accomplish the following tasks – 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, test and reassembly of the equipment/system.
• Check and adjust gaps around Helo-Hangar Doors until they are within tolerance limits by adjusting Door Dog Position Switch, Safety Edge, Guide Rail Assembly, Dogging Socket (Plate), and Bottom Bar Assembly (i.e. Dogging Lever) respectively.
• Observe Operational Test.
UNIQUE CHARACTERISTICS THAT LIMIT AVAILABILITY TO ONLY ONE SOURCE, WITH THE REASON NO OTHER SUPPLIES OR SERVICES CAN BE USED. The Contractor must provide the services of a qualified and certified NDE Inspector to perform welding NDE inspections.
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).
Once it was determined that the proprietary tech data are not readily available, it is apparent that only a Certified Representative of Federal Equipment Co. can perform the services.
REASON THAT SUGGESTED SOURCE IS THE ONLY SOURCE WHICH CAN PROVIDE THE SUPPLIES OR SERVICES.
Much of the production is made up of custom engineering systems to meet the Coast Guard’s specifications. Therefore, Federal Equipment Co. is the sole proprietor of the data rights for these components. Only those Technical Representatives which have been certified by Federal Equipment Co. 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 a an OEM certified tech rep to perform the work.
PROVIDE A STATEMENT OF ACTIONS, IF ANY, THE GOVERNMENT MAY TAKE TO REMOVE OR OVERCOME ANY BARRIERS TO COMPETITION BEFORE FUTURE ACQUISITIONS ARE REQUIRED. None.
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