0324-01 - EOS DMLS System - Redacted JA.pdf

DEPARTMENT OF THE NAVY

NAVAL SURFACE WARFARE CENTER

DAHLGREN DIVISION

6149 WELSH ROAD SUITE 203

DAHLGREN VIRGINIA 22448-5130

IN REPLY REFER TO

J&A Number:DN-23-0103

JUSTIFICATION AND APPROVAL

JUSTIFICATION

1. Contracting Activity

The Naval Sea Systems Command, Naval Surface Warfare Center, Dahlgren Division (NSWCDD), Contracts Department

2. Description of the Action Being Approved

Award of a firm fixed priced contract on a sole source basis for critical equipment to be used by the Weapons Control and Integration Department (H), Asymmetric Systems Division (H10), Disruptive Technologies Branch (H13), manufactured by EOS of North America.

3. Description of Supplies/Services

The Disruptive Technologies Branch (H13) requires a quantity of one (1) each EOS M290, part number AMCM M290 FLX 2, with associated options, accessories, software, installation, calibration, and support services. This system will be utilized to fabricate rapidly developed advanced high definition 3-D printed metal parts required to meet space, weight and performance requirements to emergent warfighter needs. Hardware delivery is required 30 days after receipt of the order with services complete within 12 months after receipt of the order.

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

The estimated cost of the proposed contract action is $1,745,630.88. The type of funds to be used for this procurement is Fiscal year 2023 Research, Development, Test & Evaluation, Navy, funds.

J&A Number: DN-23-0103

Statutory Authority Permitting Other Than Full and Open 4.

Competition

41 U.S.C. 1901 as implemented in FAR Subpart 13.5.

5. Rationale Justifying Use of Cited Statutory Authority

This system will be utilized to fabricate rapidly developed advanced high definition 3-D printed metal parts required to meet space, weight and performance requirements to emergent warfighter needs. Having the capability to fabricate its own 3-D printed metal assets and designs will afford the Hydra Hunter program significant reduction in schedule timelines by being able to design and create these custom materials. These systems greatly shorten the required time for prototypes to be produced resulting in improved mission results and it is imperative that it remains in working condition. The requested system is a direct replacement for the current EOS system that is no longer serviceable. The equipment must be compatible (form, fit, and function) with the previously procured system. This will allow the use of consumables and knowledge of system performance already obtained. In addition, the constant use of this equipment wears down and burns out the parts and mechanical components.

These systems may not reach their estimated life expectancies if they are not serviced on a regular basis. This initial investment for this equipment will result in quicker production timelines, reduced risk of schedule slippage of vital systems to deployed operations, and reduced costs on an annual basis to the Government. These anticipated reduced costs will not be realized if the Government was not allowed to purchase the replacement EOS M290 equipment with initial and follow-on annual maintenance agreements. Phillips Corporation, Inc., Federal Division, is the sole and exclusive distributor of this system in North America and the only entity authorized with the experience and expert level of knowledge to perform maintenance, factory certified service, and training and applications on this proprietary equipment for United States Government facilities. Proprietary data limits competition.

Selection of an alternate brand would cause the Government to incur additional time estimated at 900 Direct Productive Person Hours (DPPH) developing new test procedures to support other brand name products, which is used to reduce test time and improve measurement accuracy. In addition to the 900 DPPH, personnel would need to learn how to configure, secure, test and troubleshoot any problems with another brand name product prior

NCH 53.6-2

to purchasing the components, which will ultimately lead to major delays in testing. This would cost the program an estimated additional 12 months and greatly increase the technical and programmatic risk to the sponsor, and cost in excess of $2,500,000.00. It has been determined that no other manufacturer’s product will provide the current capabilities or meet the Government’s minimum requirements.

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

Market research was conducted through the review of the current system capabilities and configuration, reviewing previous procurements, conducting discussions with Phillips Corporation, Federal Division, performing internet searches, and obtaining a market research quote for the EOS M290 3-D metal printing system and service agreements. EOS of North America has verified that Phillips Corporation, Federal Division, is the sole and exclusive distributor of EOS of North America equipment, consumables and any associated factory certified service to United States Government facilities. This includes any and all service related contracts or maintenance agreements on EOS equipment. Market research has not identified any other brand or resellers that can meet the Government’s requirements.

No additional market research was conducted because it is not practicable, for the reasons discussed in paragraph 5 above, for any company other than Phillips Corporation, Federal Division, to provide the required equipment and services.

7. Determination of Fair and Reasonable Costs

The Contracting Officer has determined that the anticipated cost to the Government for the equipment covered by the J&A will be fair and reasonable.

8. Actions to Remove Barriers to Competition

For the reasons set forth in Paragraph 5, Dahlgren Contract Department has no plans at this time to compete future contracts for the type of equipment covered by this document. If another potential source emerges, Dahlgren Contract Department will assess whether competition for future requirements is feasible.

CERTIFICATIONS AND APPROVAL

TECHNICAL/REQUIREMENTS CERTIFICATION (FAR 6.303-2(b))

I certify that the facts and representations under my cognizance, which are included in this justification and its supporting data, are complete and accurate to the best of my knowledge and belief.

SWEENEY.SEAN.D

AVID.1276928941

Digitally signed by

SWEENEY.SEAN.DAVID.1276928941

Date: 2023.04.18 12:55:44 -04'00'

Sean Sweeney, TPOC, Code H10, Phone No., Date

LEGAL SUFFICIENCY REVIEW (NMCARS 5206.303(90))

I have determined this justification is legally sufficient.

THOMAS.CANDICE.A.126

5711517

Digitally signed by

THOMAS.CANDICE.A.1265711517

Date: 2023.04.20 14:18:27 -04'00'

NSWCDD Legal Counsel, Code 00L, Phone No., Date

CONTRACTING OFFICER CERTIFICATION (FAR 6.303-2(a)(12))

I certify that this justification is accurate and complete best of my knowledge and belief.

to the

ROBERTSON.MIRENDA.F.1127

113455

Digitally signed by

ROBERTSON.MIRENDA.F.1127113455

Date: 2023.04.24 15:26:19 -04'00'

Mirenda Robertson, Contracting Officer, 026, Phone No., Date

APPROVAL BLOCK (FAR 13.501(a)(2)(II) for Approving Official)

Upon the basis of the above justification, I hereby approve, as Competition Advocate for the Procuring Activity, the solicitation of the proposed procurement(s) described herein using other than full and open competition, pursuant to the authority of 41 U.S.C.

1901 as implemented in FAR Subpart 13.5.

Competition Advocate

MCAULIFFE.MELISHA.PROCTOR.12002

09032

Digitally signed by

MCAULIFFE.MELISHA.PROCTOR.1200209032

Date: 2023.04.25 18:16:54 -04'00'

Melisha P. McAuliffe, Competition Advocate, 02 Date