20Q0341_NONCOMP_REDACTED.pdf

NCH 53.6-2 (MAY 2016)

(LETTER HEAD)

J&A Number: CR-20318 Code: 0234

P.R. Number: TBD

JUSTIFICATION AND APPROVAL

FOR USE OF OTHER THAN FULL AND OPEN COMPETITION

JUSTIFICATION

1. Contracting Activity

The Naval Sea Systems Command (Crane Division) Contracts Division (Code JXM)

2. Description of the Action Being Approved

The use of other than full and open competition to award a firm-fixed price (FFP) three-year Indefinite Delivery Indefinite Quantity (IDIQ) contract for industrial solid stated drives (SSD), , supplied from as specified on NAVAIR in accordance with (IAW) NAVAIR Drawing . IAW 41 USC 1901, this action will utilize Federal Acquisition Regulation subpart 13.5 for the use of Simplified Procedures for certain commercial items.

3. Description of Supplies

The SSD from is for use in the Program Loader (PL) . The PL is a compact, portable unit for use at the Organizational (on the aircraft) and Intermediate (on the bench) level of maintenance, capable of uploading/verifying Operational Flight Programs (OFPs) and User Data Files (UDFs) to the Weapons Replaceable Assembly (WRA) and downloading data files from the WRA. The SSD is a part of the Program Loader Set (PLS) which is a set that contains the PL, test adapters, and an accessory set that includes an additional hard drive.

The specified SSD (NAVAIR drawing ) is the only SSD available to the US Navy that has been developed, tested, documented, trained on, and safety certified for use in the Program Loader Set (PLS). The PLS provides and enhances the capability and performance of software loading requirements for Navy and Marine Corps aircraft.

The PLS is designed as an integrated system and relies on numerous components working together to incorporate existing capabilities and functionality with provisions for future technology while using Commercial Off The Shelf (COTS) or Modified Off The Shelf (MOTS) assets. As such, the replacement or redesign of any of the major components would result in a redesign of the entire system. The customers, which are the U.S. Navy, Marines and FMS countries, have an urgent need for the PL with PLS and delays in fielding the PLS will place the flight worthiness of many platforms within the Navy aircraft fleet in jeopardy.

The SSD meets the Government’s minimum needs as certified by the technical and requirements personnel. The estimated dollar value of this action is as indicated by the below table.

FY QTY Total

FY 20 315

FY 21 350

FY 22 350

TOTAL 1,015

The FY 20 pricing is reflective of current market research pricing of per unit. FY 21 and 22 are reflective of a 3% price increase.

4. Statutory Authority Permitting Other Than Full and Open Competition

10 U.S.C. 2304(c)(1), as implemented by FAR 6.302- 1(a)(2)(ii): when the supplies required by the agency are available from only one responsible source.

5. Rationale Justifying Use of Cited Statutory Authority

The industrial SSD from has been tested in the PL and is currently fielded. If the Government were to procure a different SSD from another manufacturer, it would have to go through additional testing by NSWC Crane, Naval Air Weapons Station, China Lake, and field units. In addition, the Government would incur duplicative cost associated with updating drawings, Standard Operating Procedures and training information.

During market research, conducted by the technical and contracting activity within the last year, it was revealed that at least five manufacturers could provide an SSD of a similar nature. Below is an estimate of the additional costs required to validate an alternative SSD, based on costs for the SSD as well as the cost to test the five potential vendors’ submitted responses.

Task Description

Estimated Duration

Estimated Total Cost (Testing + Labor)

Estimated Total Cost for Five

Vendors

Procure a SSD for testing

2 Months

In unit testing at NSWC Crane

2 Weeks

Load testing at China Lake

2 Weeks

Field testing at two sites

1 month

TOTAL 4 months

Testing the potential vendors would cost the government a total of in additional incurred expenses that would not be recouped via competition.

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

As stated above the Government conducted market research resulting in showing at least five potential manufacturers that could provide a similar SSD. This market research consisted of an initial search of the internet and initial communication with industry. This research is conducted on an annual basis to identify alternative solutions should any components of the PLS become obsolete. has confirmed the validity of the current SSD for three years, hence, the IDIQ. Upon exhausting the ceiling of this IDIQ further research will be conducted to assess the market.

7. Determination of Fair and Reasonable Costs

The Contracting Officer will determine that the anticipated cost to the Government for the supplies covered by the J&A will be fair and reasonable. Price analysis, consisting of comparison of the proposed prices to historical prices paid, whether by the Government or other than the Government, for the same or similar items, will be utilized. If similar items are provided technical assistance to evaluate pricing related to items that are similar to items being purchased, or commercial items that are of a type or requiring minor modifications, to ascertain the magnitude of changes required and to assist in pricing the required changes, will be sought. Significant (or similar) quantities of this requirement have been purchased from this vendor in the past and market research shows similar products in the commercial market. These factors, coupled with other techniques IAW FAR 15.404-1, should be sufficient to support the fair and reasonable cost determination of this procurement.

8. Actions to Remove Barriers to Competition

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

CERTIFICATIONS AND APPROVAL

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

I certify that the facts and representations under my cognizance, which are included in this justification and its supporting acquisition planning data, including Acquisition Plan No. CR-20318, except as noted herein, are complete and accurate to the best of my knowledge and belief.

TECHNICAL COGNIZANCE:

Signature Date

REQUIREMENTS COGNIZANCE:

Signature Maurice Date

LEGAL SUFFICIENCY REVIEW (NMCARS 5206.303(90))

I have determined this justification is legally sufficient.

Signature Date

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

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

Signature Andrew Ficklin (0234) 812-854-4477 Date

APPROVAL BLOCK (FAR 6.304 for Approving Official)

Upon the basis of the above justification, I hereby approve, as Contracting Officer the solicitation of the proposed procurement(s) described herein using other than full and open competition, pursuant to the authority of 10 U.S.C. 2304(c)(1).

0234 Branch Manager

Signature Andrew Ficklin Date

FICKLIN.ANDREW.BRENT.1288918500 Digitally signed by FICKLIN.ANDREW.BRENT.1288918500 Date: 2020.09.18 09:18:50 -04'00'

FICKLIN.ANDREW.BRENT.1288918500 Digitally signed by FICKLIN.ANDREW.BRENT.1288918500 Date: 2020.09.18 09:19:10 -04'00'