05 - NMRC JA Sole Source - SME TEchnical Support FINAL.pdf

JUSTIFICATION AND APPROVAL

OTHER THAN FULL AND OPEN COMPETITION

1. Identification of the agency and the contracting activity.

This justification is executed by the Naval Medical Research Center (NMRC), Silver Spring, MD and Naval Medical Research Unit Dayton (NAMRU-D, Wright Patterson AFB, OH) on behalf of the Navy to meet Navy Expeditionary Medical Research requirements.

2. Nature and/or description of the action.

This remote technical assistance agreement is for the Disorientation Research Device (DRD), Navy Medicine’s most unique and expensive research system. The DRD must be 100% available and functioning perfectly to operate and ultimately collect data for this world-class research capability. The technical expertise to provide OEM (Environmental Tectonics Corporation (ETC), Southampton, PA) level support to NAMRL engineering staff can only be provided by ETC. The existing SME/technical support agreement ends this fiscal year. Navy Operation and Maintenance Fiscal Year 2020 funds in the amount of $9,745.00 will be used to procure the services (year one). Aggregate value for the contract of $48,725.00 for the cost of a base year plus four option years.

3. Description of Supplies or Services:

ETC will provide up to 40 hours of technical assistance by an ETC subject matter expert (SME) on an annual basis. These hours must be used within the stated annual period and cannot be rolled over into additional years. This technical assistance is in relation to the hardware, electrical systems, software programs, databases, technical data and documentation provided as part of the Disorientation Research Device located at the Naval Medical Research Unit Dayton, Ohio, provided by ETC under a separate contract (#N0018-09-C-Z025). Proprietary data is subject to the terms of the original equipment purchase contract.

ETC will attempt to respond to technical assistance requests within twenty four (24) hours of the request. However, technical assistance is subject to the availability of qualified personnel and will be provided on mutually agreed dates and times. Additionally, technical assistance will be provided from ETC headquarters in Southampton, PA or other locations as designated by ETC. Any travel, if required, would be quoted separately.

Technical assistance requests should be made through the ILS division which is available Monday through Friday 8:00AM to 5:00PM EST via the contact data provided above.

Technical assistance may take the form of email correspondence, the provision of data (electronically), telephone support, or any other form deemed necessary by ETC to provide the necessary support.

Technical assistance related to the systems software does not include the following:

• Ensuring licensing is current or procuring any licenses

• Maintaining system software in an operable condition

• The loading of data

• Investigating or incorporating other OEM software or changes into the system

4. Identification of the statutory exceptions permitting other than full and open competition.

The statutory exception permitting other than full and open competition for this acquisition is 10 U.S.C. 2304(c)(1) and FAR 13.106-1(b)(1), only one responsible source <$250K.

5. Demonstration that the proposed contractor’s unique qualifications or the nature of the acquisition requires use of the authority cited.

The agreement provides critical on demand support for complex problems beyond the technical ability of NAMRL engineering support staff to efficiently address. This technical assistance will allow for faster, smoother troubleshooting and key consultation for general life cycle management of the DRD. The OEM is the only authorized vendor who can access competition sensitive data and IP necessary to perform the actions of this contract.

6. Description of efforts made to ensure that offers are solicited from as many potential sources as practicable.

Market research was performed, the results of which are in paragraph 8. This requirement will be posted to NECO and/or FedBizOpps in accordance with FAR 5.202.

7. Determination by the Contracting Officer that the anticipated cost to the Government will be fair and reasonable.

The Contracting Officer shall determine the anticipated cost to the Government of the supplies/services covered by this Justification and Approval will be fair and reasonable by conducting a price analysis before an award is made. In addition, the Government anticipates that the negotiated contract price will reflect a discount from ETC’s commercial price list and will be determined fair and reasonable.

8. Description of the market survey conducted and the results, or a statement of the reasons a market survey was not conducted.

Only one other company exists that builds devices similar to the DRD. This is AMST, located in Braunau, Austria. While being equally competent technically, providing access to the DRD’s system and source code to AMST would be in violation to ETC’s data rights for design and competition sensitive intellectual property. There were no previous proposals submitted to the entirety of all previous sole source contracts/agreements with ETC concerning technical support, service, training, upgrades for the DRD, likely due to the same concerns. The sole source relationship with this vendor remains a matter of record due to these factors. In short, allowing another vendor to access ETC’s proprietary DRD system would open both NAMRU and the third party vendor to litigation. It would be inappropriate to even ask another vendor to quote on such work when legally, it is not acceptable to award it.

9. Other facts supporting the use of other than full and open competition.

The current system was competed and awarded to Environmental Tectonics Corporation, as a custom built system under contract N0018-09-C-Z025.

10. Listing of Sources, if any, which expressed, in writing, an interest in the acquisition.

To date, no other sources have written to express an interest.

11. Statement of actions, if any, the agency may take to remove or overcome any barriers to competition before any subsequent acquisition for the supplies or services required.

Future requirements will be synopsized in accordance with FAR 5.203.

12. Point of Contact.

The point of contact at Naval Medical Research Center, Silver Spring, MD, regarding the contents of the Justification and Approval is Deborah M. Sharpe, who may be reached at 301-319-6471.

TECHNICAL AND REQUIREMENTS CERTIFICATION REQUIRED

BY NAVSUP 4200.83 series I certify that the facts and representations under my cognizance which are included in this justification and approval and which form a basis for this justification are complete and accurate.

Technical Cognizance

937-938-3896 13 Jul 20 Name (PI): CAPT Richard Folga Phone Date Title: Program Manager Department/Command: Engineering and Technical Support, NAMRU-Dayton

Requirements Cognizance

937-938-3892 13 Jul 2020 Name: CDR Tatana Olson Phone Date Title: Deputy Director Department/Command: NAMRL, NAMRU-Dayton

CONTRACTING OFFICER CERTIFICATION

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

_____________________________________________301-319-6471 15-Jul-2020 Deborah M. Sharpe Phone Date Contracting Officer

Technical Cognizance