Wing_JOTFOC w Signature Page 70Z04025R51596B00_Redacted.pdf

Total

There are two current contracts with Wing Inflatables Inc. Current contract 70Z04021D57751B00 with a period of performance of November 29, 2020 through November 28, 2025 awarded in the amount of $1,333,573.00, and current contract 70Z04021D58100B00 with a period of performance of April 28, 2021 through April 27, 2026, awarded in the amount of $3,079,449.01.

(e) Type of funding: Operations and Support funds will be used for each delivery order.

(f) Year of funding: Current year funding at ordering level.

(g) Solicitation number: 70Z04025R51596B00

(h) Background information about the requirement:

The USCG SBPL is required to maintain and support the 32' Transportable Port Security Boat (TPSB-32), 27' Special Purpose Craft Shallow Water (SPCSW 27'), 29' Response Boat Small (RBS-GEN2-29), 22' Cutter Boat Large (CBL-22), 18' Cutter boat Aids to Navigation-Medium (CB-ATON-M), 24' Cutter Boat Large Aluminum Chambered Boat (CB-L-24 ACB) and the Long Range Interceptor II (LRI II) platforms with OEM Wing Inflatables marine fenders and related parts. Because we do not possess the data rights to the entire technical data package necessary to faithfully reproduce the parts in total conformance with the OEM parts, or to evaluate substitute parts from other manufacturers for compliance, we must continue to purchase the parts from the OEM. These parts were previously acquired through two separate Contracts to the OEM, Wing Inflatables under Contracts 70Z04021D57751B00 and 70Z04021D58100B00.

Both Contracts were issued as a single-award contract to the OEM and were awarded with a Base Year plus 4 Option Years. Both contracts required a

JOTFOC.

3. Description of Supplies/Services.

The requirement is for the procurement of Wing Inflatables Inc. Marine Fenders and related parts to support the 32' Transportable Port Security Boat (TPSB-32), 27' Special Purpose Craft Shallow Water (SPCSW 27'), 29' Response Boat Small (RBS-GEN2-29), 22' Cutter Boat Large (CBL-22), 18' Cutter boat Aids to Navigation-Medium (CB- ATON-M), 24' Cutter Boat Large Aluminum Chambered Boat (CB-L-24 ACB), Long Range Interceptor II (LRI II) platforms. The vendor will provide new, genuine OEM parts that will be preserved, packaged, and marked in accordance with Government specifications. No aftermarket parts will be accepted.

4. Identification of Statutory Authority Permitting Other Than Full and Open

Competition.

The statutory authority permitting other than full and open competition is 10 U.S.C. § 3204(a)(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 Act.

There are no exceptions for this procurement under the Buy American Act.

6. Demonstration that the Proposed Contractor’s Unique Qualifications or the Nature of the Acquisition Require Use of the Authority Cited.

Wing Inflatables Inc., located in Arcata, CA 95521, is the OEM for Wing fenders and related parts. The USCG does not possess the complete technical data package necessary to support full-and open competitive solicitation for non-OEM replacement fenders and related parts, nor is the USCG aware of any alternative supplier of compatible fenders and related parts. These data rights were not acquired when these vessels were first designed and built. Due to this limitation, the USCG must procure OEM fenders and related parts because the necessary data rights cannot be provided to industry to allow for non-OEM fenders and related parts to satisfy the USCG’s requirement. Moreover, the USCG cannot evaluate alternative solutions due to the lack of the necessary data rights; the USCG cannot verify the compatibility of alternative solutions to the fenders and parts that are currently installed on the on the 32' Transportable Port Security Boat (TPSB-32), 27' Special Purpose Craft Shallow Water (SPCSW 27'), 29' Response Boat Small (RBS-GEN2-29), 22' Cutter Boat Large (CBL-22), 18' Cutter boat Aids to Navigation-Medium (CB-ATON-M), 24' Cutter Boat Large Aluminum Chambered Boat (CB-L-24 ACB), Long Range Interceptor II (LRI II) platforms. During previous acquisitions, the USCG has offered to purchase the data rights necessary to promote full and open competition, however Wing has declined at each instance. The platforms listed above will only function with OEM parts. Other manufacturer’s parts, though they may be similar in appearance, will not be interchangeable with Wing parts. These parts are compatible with the existing configured platform hulls. Using non-OEM Wing parts could compromise the integrity of the vessels.

7. Description of Efforts Made to Ensure that Offers are Solicited from as Many Potential Sources as is Practicable.

In an effort to identify alternate sources, the Contracting Office emailed the OEM asking if they had distributors, and Wing responded that they do have distributors that would be able to compete for the award of this requirement. A Sources Sought Notice was posted to SAM.gov on 04/17/2024 and closed 05/01/2024 with two responses received. APFS P2024065708 was published on 3/6/2025 with no responses received.

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

Government will be Fair and Reasonable.

The Contracting Officer (KO) has determined that the anticipated price(s) will be fair and reasonable based on comparison with the Independent Government Estimate (IGE), which was created using pricing from the previous contracts awarded to Wing, and market research.

As this will be competed amongst small business Wing distributors, price will also be determined fair and reasonable based on adequate price competition.

9. Description of Market Research.

Market research, as prescribed in FAR Part 10, was conducted by the Contracting Officer’s Representative (COR) between February 2024 and April 2025, to identify sources that could satisfy this requirement. In order to identify additional sources, Sources sought notice 70Z04024S51807B00 was posted to www.sam.gov on 04/17/24 with a closing date of 05/01/24. Two responses were received. The first response from BHPE LLC was received on 04/24/24. The second response was received from Sanford Federal was received on 04/30/24. Additionally, an email was sent from contracting to Wing asking if Wing could identify any additional Wing authorized distributors, and Wing provided the contact information to their small business distributors, Atlantic Diving Supply Inc. (ADS), and Goldbelt Security LLC. APFS record F2024065708 was published on 10/23/24 and did not yield any additional sources.

The COR conducted extensive research by reviewing historical purchases and the Federal Stock System, as well as using his own knowledge and experience with the vendor and the current contracts requirements. In an effort to obtain the technical data to allow for a competitive acquisition, the Government sent a Request for Data Rights Letter to Wing on 11/7/2024 for this requirement. In an e-mail provided by Jake Heimbuch on 11/12/2024 the request for the purchase of the data rights was denied by Wing.

From the results of market research, it is anticipated that only the OEM’s distributors will be able to respond to all the solicitation requirements once it is posted.

10. Any Other Facts Supporting the Use of Other Than Full and Open Competition.

No additional facts can be identified.

11. A Listing of the Sources, if Any, that Expressed, in Writing, an Interest in the Acquisition.

BHPE LLC

901 S Spring LN Blanchard, Oklahoma 73010-9689, United States Phone: 405-473-0422

UEI: UPDJHPJUYQ71

SANFORD FEDERAL, INC

525 Corporate DR STE 203 Stafford, Virginia 22554-4890, United States Phone: 540-281-6356

UEI: RBCJDAS355L9

ATLANTIC DIVING SUPPLY, INC

621 Lynnhaven Parkway Suite 160 Virginia Beach, Va 23452 Phone: 540-281-6356

UEI: GJMSFBCNMSK3

GOLDBELT SECURITY LLC

816 Greenbrier CIR

STE 102

Chesapeake, Virginia 23320-2642, United States Phone: 757-650-3337

UEI: MVMDQCBUKEP4

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.

Wing Inflatables Inc. owns the proprietary data for these parts. The USCG sent a letter to Wing via email on 11/7/2024 requesting permission to obtain the technical data package for these OEM parts. Wing Inflatables Inc. responded to that email on 11/12/2024, stating, “Wing would not be able to offer our data rights for sale”. For future requirements, the USCG will continue to engage the OEM for release of the complete technical data package prior to any subsequent acquisition. This acquisition will be conducted on a brand name basis for OEM, Wing, fenders and parts.

23 Aprl 2025