Sole Source Justification Memo.pdf

70Z08421QBB801200

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

10 U.S.C. § 2304

Pursuant to the requirements of the Competition in Contracting Act (CICA) as implemented by Federal Acquisition Regulation (FAR) Subpart 6.3, and in accordance with the requirements of FAR 6.303-1, the justification for the use of the statutory authority under FAR Subpart 6.3 is justified by the following facts and rationale required under FAR 6.302-1:

1. Agency and Contracting Activity. The Department of Homeland Security (DHS), United States Coast Guard (USCG), Department of Operational Logistics, Office of Procurement and Contracting (DOL-9) proposes to enter into a contract on a basis other than full and open competition.

2. Nature and/or description of the Action being Approved.

(a) Nature of the action: The U.S. Coast Guard intends to procure on a sole source basis, an estimated quantity of 175, All-Season Navigation Buoys.

(b) Name of Proposed Company: Go Deep International Inc.

10 Watertower Rd Saint John, NB, E2M 7K2, Canada

DUNS: 251080511

(c) Type of action: Indefinite-Delivery Indefinite-Quantity Contract

(d) Estimated total value (including options): $2,028,333, broken down as follows:

Period Estimated Quantity Total

Base Year 35 Buoys $389,600 Option Year 1 35 buoys $397,902 Option Year 2 35 Buoys $405,340 Option Year 3 35 Buoys $413,977 Option Year 4 35 Buoys $421,514 Total $2,028,333

(e) Type of funding: Operating Expense (OE)

(f) Year of funding: Fiscal Year 2021

(g) Solicitation number: 70Z08421QBB801200

(h) Background information about the requirement: The Coast Guard maintains hundreds of seasonal aid stations that are marked by one, buoy type (typically lit) in the summer months and by an ice-resistant hull type (typically non-lite) in the winter. This means of operation fulfills the ATON mission requirement in providing suitable and reliable lateral navigational aids to the mariner; however, the system of two buoys for one station is not efficient in terms of cutter, boat and crew operation and capital resources.

3. Description of Supplies/Services. Go Deep International, a company located in

Canada, specializing in product development, manufacturing and distribution of Aids to Navigation, manufacturers the HDPE All-Season Navigation Buoy, Model GDl-0.8OM- ICE-LIT, capable of withstanding severe ice accumulation, survivable when submerged under ice, and is manufactured with a non-metal impact resistant hull filled with a material making the buoy unsinkable in the event of damage or puncture. The Go Deep International All Season Navigation Buoy has a life expectancy of 45 years and can be outfitted with a self-contained lantern.

4. Identification of Statutory Authority Permitting Other Than Full and Open Competition. The statutory authority permitting other than full an open competition is

10 U.S.C. § 2304(c)(1) implemented by the FAR Subpart 6.302-1 entitled “Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements.”

5. Identification of Exception to the Buy American Statute. The non-availability exception listed under FAR 25.103(b) is applicable to this action. The value of this procurement exceeds the threshold for the World Trade Organization Government Procurement Agreement (which Canada is party), which is $182K. Therefore, a waiver is not needed.

6. Demonstration That the Nature of the Acquisition Require Use of the Authority Cited

The Coast Guard maintains hundreds of seasonal aid stations that are marked by one buoy type (typically lit) in the summer months and by an ice-resistant hull type (typically non-lite) in the winter. This means of operation fulfills the ATON mission requirement in providing suitable and reliable lateral navigational aids to the mariner; however, the system of two buoys for one station is not efficient in terms of cutter, boat and crew operation and capital resources.

The Ninth Coast Guard District (D9) has evaluated and tested several different types of non-metal (plastic and/or composite materials) buoys for year round deployment in the Great Lakes area, to assess their survivability under severe ice accumulation and their ability to withstand submersion under ice for an extended period. Only the All- Season Navigation Buoy from Go Deep International proved to withstand the harsh winter conditions, severe ice accumulation and submersion under ice.

Based upon the results of the market research conducted, which included, the testing and evaluation of different types of buoys, a Sources Sought Notice and an SBA DSBS search, we find no other buoy, other than the Go-Deep International, HDPE All-Season Navigation Buoy, Model GDl-0.8OM-ICE-LIT, which is commercially available, that can meet the minimum required results for year round deployment that can satisfy this requirement.

7. Description of efforts made to ensure that offers are solicited from as many potential sources as is practicable. A sole source synopsized notification will be posted on or about April 1, 2021 on beta.SAM.gov.

8. Determination by the Contracting Officer that the Anticipated Cost to the

Government will be fair and Reasonable. The contracting officer determines that the anticipated cost or price to the Government for this proposed contract action will be fair and reasonable based upon the commercial pricelists and prior acquisition history.

9. Description of Market Research. A Sources Sought Notice was posted to the beta.SAM.gov website on January 9, 2020 for a period of 14 calendar days as an effort to determine the commercial availability of a buoy. It is to be noted that Go-Deep International All Season Navigation Buoy who could provide a buoy which could be deployed for year round use, with survivability under severe ice accumulation and submersion underneath ice for an extended period of time. The Sources Sought Notice/Market Survey targeted companies that manufacture and sell, a commercially available, all-season, radar reflective, lighted navigational buoy that could meet the following criteria/desired results.

• Low maintenance designed and manufactured to serve an anticipated lifespan of

35 years or greater.

• Designed and manufactured with hull area of impact resistant plastic, resin or other impact resistant materials and corrosive resistant or coated internal steel mooring structure.

• Designed and manufactured with the inner-core areas, filled with a material or substance that makes the buoy unsinkable in the event of puncture.

• Designed and manufactured to be able to survive severe ice accumulation and the ability to withstand being submerged under ice.

• Shall incorporate the following general design characteristics:

o Buoy length not to exceed 15’ o Buoy weight not to exceed 3,000 lbs. (including batteries and all ATON hardware).

o Support a self-contained lantern that can be installed/uninstalled while deployed.

o Three mooring pad eyes; to allow the buoy to be moored from either the toe, or two different locations on the underbody side of the buoy.

o Opposing double lifting pad eyes located in the mid-section.

• Shall be capable to maintaining the following minimum operational requirements:

o Maintaining its signal in a 4+ knot current o Visual range of 1.4 nautical miles o Radar Cross Section (average): > 50m2

In response to the sources sought, only one vendor responded, and their product was not deemed technically acceptable following Coast Guard technical review.

In addition to the Sources Sought Notice, we conducted a SBA Dynamic Small Business Search (DSBS) utilizing the NAICS Code 326199 “All Other Plastic Products Manufacturing” along with the Key Words “Ice Buoy” which resulted in no matches from the DSBS database.

Based on the results of the market research, it has been determined that the Go-Deep International type buoy is the only buoy that will satisfy agency requirements.

10. Any Other Facts Supporting the Use of Other Than Full and Open Competition. None

11. A Listing of the Sources, if any, that expressed, in writing, an interest in the acquisition. A

Sources Sought Notice was posted to the beta.SAM.gov website on January 9, 2020 to identify sources that manufacture and sell, a commercially available, all-season, radar reflective, lighted navigational buoy that could meet specific criteria/desired results included in the Sources Sought Notice. One company responded, Sealite USA LLC of Tilton, New Hampshire, a HUBZone Small Business expressed interest in the acquisition. The buoy offered did not meet the criteria /desired results specified.

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

Barriers to Competition Before Any Subsequent Acquisition for Supplies or Services Required. USCG will continue to research market conditions, in an effort to determine whether alternative manufacturers might be able to fulfill future requirements.

13. Contracting Officer’s Certification.

I certify that the data supporting the recommended use of other than full and open competition is accurate and complete to the best of my knowledge and belief.

Courtney Baker Williams Date Contracting Officer

14. Technical/Requirements Personnel Certification.

I certify this requirement meets the Government’s minimum need and that the supporting data, which forms a basis for this justification, is complete and accurate.

LT. Tyler J. Vieira Date Technical Representative or COR

APPROVAL:

Mr. Edward S. Frank Date Command Procuring Activity Competition Advocate (CPACA)