B1_CUI Collins Follow On (no ACRU) - JA (8-25-2023) (Signed)_Redacted.pdf

J&A No. 0232-23-205-00

NOTE: Summation inconsistencies are due to rounding.

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

10 U.S.C. 3204(a)(1), Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements.

5. Rationale Justifying Use of Cited Statutory Authority.

Hamilton Sundstrand (Collins Aerospace) is the Original Equipment Manufacturer (OEM) for the LPE-H, GMS, ECG, ILPE and AILPE. Any services under this sole source procurement will be only in support to the qualification, and test units listed above. Hamilton Sundstrand Corporation (Collins Aerospace) is the only source that possesses the necessary technical data and uniquely qualified personnel who are able to diagnose the problem, design and develop improved components and provide review of technical documents and procedures.

The equipment that is the subject matter of this procurement is required to generate oxygen and revitalize the submarine atmosphere and is considered mission essential. Failure to properly troubleshoot, maintain and upgrade the life support equipment mentioned above could impair the mission of a LOS ANGELES, SEAWOLF, OHIO, VIRGINIA, or COLUMBIA Class submarine and pose a serious safety hazard to shipboard personnel.

Though the Navy does possess limited organic capability to maintain and repair the items mentioned above, problems arise periodically that cannot be properly diagnosed or repaired due to the Government’s lack of specialized knowledge and expertise with the units. The Government also does not possess the technical data, qualified personnel and specialized test equipment to provide emergent support for deployed submarines as well as successfully design, develop, and test these items. As the original designer of the listed equipment, Hamilton Sundstrand (Collins Aerospace) has specialized expertise in the intricacies of the equipment of interest.

Hamilton Sundstrand (Collins Aerospace) has been the OEM for LPE-H, ILPE, AILPE, GMS, and ECG systems for the U.S. Navy since the 1980s. Hamilton Sundstrand (Collins Aerospace) owns all the proprietary technical data and engineering procedures required to provide the engineering and technical services. Hamilton Sundstrand (Collins Aerospace) provided the Government with only top-level drawings, which cannot be used to repair, replicate, or manufacture the equipment.

Hamilton Sundstrand (Collins Aerospace) still owns the proprietary technical data required for servicing, upgrading and modernizing of these systems. The technical data and procedures are essential in order to perform detailed engineering work required to successfully modify, analyze, or troubleshoot system hardware and software components while still ensuring full system compatibility and functionality with existing equipment. It is not possible to successfully complete the required services without the vast proprietary technical data and engineering procedures. The Government reached out to Hamilton Sundstrand (Collins Aerospace) about the possibility of acquiring a license to their proprietary technical data. The Government did not request a formal price proposal for this information, but rather a discussion of license.

Hamilton Sundstrand (Collins Aerospace) responded on 12 June 2023 that they are not interested in discussing licensing their data rights to the Government.

Thus, Hamilton Sundstrand (Collins Aerospace) as the Original Equipment Manufacturer (OEM) of the LPE- H, ILPE, AILPE, GMS and ECG systems is the only responsible source available that is capable of providing the required services for the duration of the 60-month ordering period.

6. Description of Efforts Made to Solicit Offers from as Many Offerors as Practicable.

J&A No. 0232-23-205-00

In accordance with the Defense Federal Acquisition Regulation Supplement (DFARS) Procedures, Guidance, and Information (PGI) 206.302-1, a Request for Information (RFI) was posted to SAM.gov on 12 June 2023 with a closing date of 26 June 2023. Hamilton Sundstrand (Collins Aerospace) responded to the Sources Sought posting on 29 June 2023, confirming their intention to propose once the solicitation is released. In addition to Collins Aerospace, two (2) responses were received to the RFI from Scix3 LLC and SOS LLC.

Neither company was determined by the SME to possess the technical capabilities to meet this requirement.

Additionally, a synopsis of this procurement was published on SAM.Gov on 27 June 2023 with a closing date of 12 July 2023. No responses to the synopsis was received. No additional market research was conducted because it is not practicable, for the reasons discussed in paragraph 5 above, for any contractor other than Hamilton Sundstrand (Collins Aerospace) to provide the required services.

7. Determination of Fair and Reasonable Cost.

The Contracting Officer has determined the anticipated cost to the Government of the services covered by this J&A will be fair and reasonable.

8. Actions to Remove Barriers to Future Competition.

For reasons set forth in Paragraph 5, the NSWCPD has no plans at this time to compete future contracts for the types of services covered by this Justification and Approval. If another potential source emerges, NSWCPD will assess whether competition for future requirements is feasible.

As this is a follow-on for services previously awarded on a non-competitive basis, in accordance with DFARS PGI 206.304(a)(S-70)(i), the prior J&A was provided to the approval authority for review. Approval of this J&A signifies the approval authority has made the determination required by DFARS PGI 206.304(a)(S-70)(ii).