2.3 FAR 13.5 SOLE SOURCE JUSTIFICATION over SAT_Redacted.pdf

Revised June 29, 2022

SSJ No.: 24-01 JA

11 OCT 2023

SOLE SOURCE JUSTIFICATION UNDER SIMPLIFIED PROCEDURES FOR

CERTAIN COMMERCIAL ITEMS IN ACCORDANCE WITH FEDERAL

ACQUISITION REGULATION (FAR) 13.5

On the basis of the following justification, I hereby approve the use of a sole source proposed contractual action pursuant to the authority of —41 U.S.C. 1901 or 41 U.S.C. 1903.

Procurement Request Number:

1. Agency and Contracting Activity

Naval Sea Systems Command contracting activity Northwest Regional Maintenance Center/Puget Sound Naval Shipyard and Intermediate Maintenance Facility, Bremerton, WA proposes to enter into a sole source contract with Curtis Wright Fleet Solutions, 1675 Brandy Wine Ave., Ste F, Chula Vista, CA, 91911 using simplified procedures for certain commercial items included in FAR subpart 13.5. Curtiss-Wright’s Cage Code and DUNs are 830P9 and 081159934, respectively.

2. The nature and/or description of the action being approved.

The contemplated action for approval is the award of a sole source contract with Curtiss-Wright Fleet Solutions, the Original Equipment Manufacturer, to provide on site repair/overhaul/reinstallation to the No. 1 Ship Service Air Compressor (SSAC) Cap-12 and the No. 3 SSAC CAP-12.

3. A description of the supplies and/or services required, including the delivery schedule and/or the period of performance (inclusive of all option periods), and the estimated dollar value of the acquisition.

PSNS&IMF, in support of a , as part of ship repair and maintenance, requires the OEM to remove, overhaul, and reinstall 2 (ea.) SSAC CAP-12s cartridge assemblies, and open and inspect the compressor cartridge and casing per OEM specifications. The Original Equipment Manufacturer (OEM), Curtiss-Wright will perform the assessments. Requirements are for either OEM or Regional Maintenance Center (RMC) perform the inspections. Currently, the RMC does not have the resident expertise to perform the assessments; therefore utilizing the OEM is required.

The period of performance is .

The estimated cost for this action is using Operation & Maintenance, Navy funds

FY 24.

4. The statutory authority permitting sole source.

The statutory authority permitting other than full and open competition is: 10 U.S.C. 3204(a) (1) the property or services needed by the agency are available from only one responsible source or only from a limited number of responsible sources and no other type of property or services will satisfy the needs of the agency (FAR 13.5 IAW U.S.C. 1901).

5. A statement demonstrating the unique qualifications of the proposed contractor or the nature of the action requiring use of the authority.

The requirement described above has been determined to be achievable by only one source. In addition to being the OEM, Curtiss-Wright is the only outside activity which can accurately perform assessments of HPACs currently installed onboard . Curtiss- Wright Solutions is the only source with proprietary design drawings and specifications required to restore the HPACs. Curtiss-Wright Solutions has the technical expertise to perform required repairs and testing.

All components and parts are proprietary to Curtiss-Wright and cannot be purchased from other vendors. Existing units are Curtiss-Wright Solution HPACs. All parts must be OEM provided to ensure proper operation of the units. Applicable proprietary information includes patents held by the OEM affecting the fit-up, installation, and compatibility for these products shipboard.

Proprietary data includes material composition, part dimensions, and machine tolerances. Failure to correctly assess HPACs may result in reduced reliability and non-operational capability for the vessel.

The OEM letter provided by Curtiss-Wright dated 7 April 2021 confirms it is the only West Coast OEM Service Representative for the stating “representatives will have access to all proprietary plans, drawings, and manuals as needed. Engineering staff at our manufacturing plants are also available (included) for any situations where such support may be required.”

The PSNS & IMF Engineering & Planning Department (EPD) has determined that Curtiss- Wright owns the necessary equipment and is experienced in performing the appropriate procedures and supplies identified in Paragraph 3. Curtiss-Wright is the only source known to the Government that can complete this work and meet the require

6. A description of efforts made to ensure offers/quotes are solicited from as many potential sources as is practicable, including whether a notice was or will be publicized in FEDBIZOPPS (as required by FAR 5.2) and, if not, which exception under 5.202 applies.

In accordance with FAR subparagraph 5.203(a), this requirement will be synopsized on SAM.GOV publicizing the Government's intent to sole source. In accordance with 10 USC 3204(a)(l), the requirement is only available from a single source which possesses capability, knowledge, rights in data, patents, drawings and copyright rights. Therefore, no other source will satisfy the needs of the Government.

7. The anticipated dollar value of the proposed acquisition, including options if applicable, and a determination by the contracting officer that the anticipated cost to the government will be fair and reasonable.

The contracting officer determines that the anticipated prices will be fair and reasonable based on a detailed Independent Government Estimate (IGE) provided by the Requirements Generator.

The IGE calculated direct labor, overtime, material, freight, and travel to from site of service.

The Government used purchase order to determine costs of material and freight. Travel costs were calculated using defensetravel.mil and performed commercial market research to obtain average costs of travel to and from the airport and average costs of airline ticket.

8. A description of the market research conducted and the results or the reason market research was not conducted.

Previous market research findings to include an approve DD 2579 that Curtiss-Wright, as the OEM, is the only source available to complete the requirements of this contract remain unchanged. For reasons discussed above, no company other than Curtiss-Wright can provide the required interpretations and inspections needed to properly perform the requirement. Curtiss Wright holds the proprietary information and technical cognizance required to perform repairs.

The OEM letter provided by the contractor on 7 April 2021 confirms these findings remain unchanged. See above in Paragraph 6.

9. Any other facts supporting the use of sole source.

N/A

10. A listing of the sources, if any, that expressed, in writing, an interest in the acquisition.

N/A

11. A statement of any actions the agency will take to remove or overcome any future barriers to competition.

For the reasons set forth in Paragraph 5, PSNS&IMF 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, PSNS&IMF will assess whether competition for future requirements is feasible.

Certification

Requirements Generator:

I certify that the facts and representations under my cognizance that are included in this justification and that form a basis for this justification are complete and accurate.

Legal Review:

I reviewed this justification and find it to be legally sufficient.

Date

Contracting Officer:

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

Date