0222-22-452-00 JA AMENDED_REDACTED_Redacted.pdf

DEPARTMENT OF THE NAVY

NAVAL SURFACE WARFARE CENTER

PHILADELPHIA DIVISION

5001 SOUTH BROAD STREET

PHILADELPHIA PA 19112-1403

IN REPLY REFER TO:

J&A No. 0222-22-452-00 Code 0222 P.R. No. 22-JNS-072

AMENDMENT TO

JUSTIFICATION AND APPROVAL

FOR USE OF OTHER THAN FULL AND OPEN COMPETITION

1. Contracting Activity.

No change.

2. Description of the Action Being Approved.

Basic J&A: Award of a Basic Ordering Agreement (BOA) with Firm-Fixed-Price (FFP) ordering provisions on a sole source basis to Sargent Aerospace & Defense (Sargent), 5600 W Coca Cola Pl, Tucson, AZ 85743 for the procurement of Original Equipment Manufacturer (OEM) hydraulic manifold and valve assemblies for use on U.S. Navy submarines. Authority to act under this Class Justification and Approval (CJ&A) expires on 60 months from issuance of the BOA.

Amended J&A: Award of a One-Year, Firm-Fixed-Price (FFP) Contract on a sole source basis to Sargent Aerospace & Defense (Sargent), 5600 W Coca Cola Pl, Tucson, AZ 85743 for the procurement of Original Equipment Manufacturer (OEM) hydraulic manifold and valve assemblies for use on U.S. Navy submarines.

3. Description of Supplies/Services.

Basic J&A: The planned acquisition will provide for the procurement of a maximum of seven (7) submarine hydraulic manifold installation assemblies. These assemblies include Sargent Aerospace & Defense part numbers 23408-400-1, 20227-400, 52120-001, 23408-401-1, 23112- 001, 20243-002, 20967-001, 23145-001, 23146-001, 20232-002, and 20230-001 including hardware. Acceptance tests will be required to be provided for each respective unit. These specific assemblies have been explicitly designed, tested, and qualified for use onboard U.S.

Navy submarines.

The total estimated dollar value of this procurement is $10,887,664. This BOA will be funded at the Delivery Order (DO) level. Budgeted funds for work described above will include Operation and Maintenance, Navy (OMN) funds. Funding amounts by fiscal year (FY) and appropriation for this acquisition are as such:

Table 1: Funding by Fiscal Year and Appropriation

Description Yr1 Qty Yr1 Total

Winch & Brake Manifold Assembly 1 $174,405

Winch & Brake Manifold Assembly 1 $174,405

Door & Cable Cutter Manifold Assembly 1 $59,623

Servo Valve 1 $181,576

Servo Valve 1 $181,576

Isolation Ball Valve 2 $105,407

Isolation Ball Valve 2 $105,407

Motor Selector Valve 1 $81,544

Motor Selector Valve 1 $81,544

Manual Control Valve 1 $74,509

Manual Control Valve 1 $74,509

Brake Valve Assembly 1 $21,540

Brake Valve Assembly 1 $21,540

Cable Cutter Valve 1 $46,577

Door Selector Valve 1 $26,838

Door Selector Valve 1 $26,838

Variable Restrictor Valve 1 $39,115

TOTAL $1,476,953

IGCE TOTAL $1,476,953

The Government�s minimum needs have been verified by the certifying technical and requirements personnel.

The resultant Contract will have a 12-month delivery period from the date of award.

4. Statutory Authority Permitting Other Than Full and Open Competition.

Basic J&A: 10 U.S.C. 2304(c)(1) [10 U.S.C. 3204(a)(1)], Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements, as implemented by Federal Acquisition Regulation (FAR) Subpart 6.302-1.

Amended J&A: 10 U.S.C. 3204(a)(1), Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements, as implemented by Federal Acquisition Regulation (FAR) Subpart 6.302-1.

5. Rationale Justifying Use of Cited Statutory Authority.

Basic J&A: The continued procurement for these assemblies is deemed to be available only from the original source, Sargent Aerospace & Defense, the OEM for the required hydraulic manifold and valve assemblies. This requirement is a follow-on requirement to Contract No.

N6449819C4010 awarded on a sole source basis to Sargent Aerospace & Defense. Under this contract, Sargent Aerospace & Defense developed design and production drawings and completed technical analyses on specialized hydraulic components that will support the new COLUMBIA

Develop design of new submarine hydraulic manifold 2-3 years Qualification Testing 1-2 years Total Time 12-17 years

Thus, these highly specialized assemblies are deemed to be available only from Sargent Aerospace & Defense, the original source, for the duration of the 60-month ordering period, as award to any other source would result in unacceptable delays to the Government associated with designing and fielding new systems.

Amended J&A: The continued procurement for these assemblies is deemed to be available only from the original source, Sargent Aerospace & Defense, the OEM for the required hydraulic manifold and valve assemblies. This requirement is a follow-on requirement to Contract No.

N6449819C4010 awarded on a sole source basis to Sargent Aerospace & Defense. Under this contract, Sargent Aerospace & Defense developed design and production drawings and completed technical analyses on specialized hydraulic components that will support the new COLUMBIA Class Communication Buoy system. In addition, initial production units were procured by the Government for use in First Article performance testing and certification.

Sargent Aerospace & Defense, as the OEM, developed the technical documentation required to manufacture these units. Upon request during a teleconference between Sargent Aerospace & Defense and NSWCPD Code 437 on 25 February 2022, Sargent Aerospace & Defense declined to license the technical documentation to the Government. Sargent Aerospace & Defense is the only vendor capable of meeting all of these requirements and specifications, and the internal detail of these units is proprietary to Sargent Aerospace & Defense. Sargent Aerospace & Defense is the sole owner of the design of these units and they do not provide this design to any outside sources.

Without access to the manufacturing detailed drawing, no other source would be able to manufacture these units to meet the Government�s requirement.

The hydraulic manifolds and valves must be compatible with the interfaces and requirements in support of the Columbia Class ship design and must meet the qualifications for U.S. Navy submarine use as outlined in Government Project Peculiar Documents (PPD) 802-6337452, General Specification for Hydraulic Directional Control Valves, and 802-6337453, Electrohydraulic Servo Flow-Control Valve. No other vendors are able to meet the compatibility and interface requirements.

In accordance with FAR Subpart 6.302-1(a)(2)(ii), �Supplies may be deemed to be available only from the original source in the case of a follow-on contract for the continued development or production of a major system or highly specialized equipment, including major components thereof, when it is likely that award to any other source would result in-

(A) Substantial duplication of cost to the Government that is not expected to be recovered through competition; or

(B) Unacceptable delays in fulfilling the agency�s requirements. 41 U.S.C.

3304(b)(2)).�

Award to any other source would result in unacceptable delays in fulfilling the agency�s requirements. If awarded to a new Contractor, a completely new submarine hydraulic manifold

8. Actions to Remove Barriers to Future Competition.

Basic J&A: For the reasons set forth in Paragraph 5, NSWCPD has no plans at this time to compete future contracts for the types of supplies/services covered by this document. The circumstances surrounding the need to obtain the required supplies/services without providing full and open competition will be reviewed annually by the Procuring Contracting Officer (PCO). If another potential source emerges, NSWCPD will assess whether competition for future requirements is feasible.

Amended J&A: For the reasons set forth in Paragraph 5, NSWCPD has no plans at this time to compete future contracts for the types of supplies/services covered by this document. If another potential source emerges, NSWCPD will assess whether competition for future requirements is feasible.