Simplified Acquisition Procedures (SAP) Justification for Other than Full and Open Competition EMS ISO 14001 Revision (legal Changes).pdf

August 2020

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

2122402Y9082681010

PROJECT/TASK

NUMBER

ESTIMATED AMOUNT (Over Micro- Purchase Threshold, but up to the SAT)

$7,200.00

IDENTIFICATION OF THE AGENCY AND THE CONTRACTING OFFICE, AND SPECIFIC IDENTIFICATION OF THE DOCUMENT AS A “JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION.” PLEASE CITE THE AUTHORITY AND TYPE OF JUSTIFICATION. DHS/United States Coast Guard Yard Baltimore, MD. SFLC CPD. 10 USC 3205 and FAR 6.302-1.

BRIEF DESCRIPTION OF SUPPLIES OR SERVICES REQUIRED, AND THE INTENDED USE. These services are for the two annual surveillance reviews of the existing ISO 14001 Environmental Management System Certification. There are 2 annual surveillance reviews that are required after the initial certification completion. The USCG Yard Certification period was 2021 and requires surveillance reviews for 2022 and 2023.

UNIQUE CHARACTERISTICS THAT LIMIT AVAILABILITY TO ONLY ONE SOURCE, WITH THE REASON NO OTHER SUPPLIES OR SERVICES CAN BE USED. Services may be deemed to be available from the original source in this case for follow on contracts for the provisions that the original source provided the initial ISO 14001 EMS Certification in 2021. In order to maintain only annual surveillance reviews for years 2022 and 2023 the original source would need to do these annual surveillances to maintain the EMS ISO 14001 Certification for the USCG Yard.

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). Only the contractor that conducted the recertification work in 2021 can maintain the ISO 14001 EMS Certificate for certification years 2022 and 2023. The recertification in 2024, at the end of the current certification, will be fully competed.

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

The USCG Yard must use the contractor that obtain the certification in 2021 in order to maintain it through 2023. The procurement requires only annual surveillance by the original source of the initial certification. The USCG Yard would require a complete recertification at significantly higher cost and delay, if a competitive procurement is required.

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. Full and open competition for a complete EMS ISO 14001 recertification as a base with two options years of maintenance is the most cost effective method of fulfilling the requirement. Since only for annual surveillance reviews are necessary for 2022 and 2023, the original source must perform the services to maintain the EMS ISO 14001 certification.

PROVIDE A STATEMENT OF ACTIONS, IF ANY, THE GOVERNMENT MAY TAKE TO REMOVE OR OVERCOME ANY BARRIERS TO COMPETITION BEFORE FUTURE ACQUISITIONS ARE REQUIRED. In the future the government will solicit this certification as a base plus two option year award. This will prevent the need to conduct sole source procurements for the annual maintenance work between re-certifications and permit maximum competition.

SIGNATURE AND TITLE OF CUSTOMER

Chief of Maintenance USCG Yard

CODE

TELEPHONE

410-636-7055

DATE

08/23/2022

SIGNATURE OF CONTRACTING OFFICER

CODE TELEPHONE

DATE