22P0079_Redacted JA_09152022.pdf

J&A Number:

NSWC-PHD-JA-22-85

Code: S32 P.R. Number:

FY22-27367

(CLASS) JUSTIFICATION AND APPROVAL

FOR USE OF OTHER THAN FULL AND OPEN COMPETITION

JUSTIFICATION

1. Contracting Activity

The Naval Sea Systems Command, Surface Warfare Center Port Hueneme Division (NSWC PHD).

2. Description of the Action Being Approved

Award of a basic ordering agreement (BOA) and a class of orders to be placed against that BOA on a sole source basis for seven (7) NATO Launcher Controls NATO PN 2890710-2, MFR PN 21A4300 with four (4) additional option years in support of the NATOSEASPARROW Surface Missile (NSSMS) onboard naval ships to Edel Engineering Development Corp. 00QR4.

Authority to act under this CJ&A expires five (5) years after award of the BOA, which is estimated to occur on June 2026.

3. Description of Supplies/Services

NATO Launcher Controls MFR PN 21A4300, NATO PN 2890710-2.

The NATO Launcher Control consists of a handle section and a cable assembly. It is used to control the MK 132 Guided Missile Launcher position during maintenance or loading operations.

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

Estimated Dollar Value

Base

FY22

Opt 1

FY23

Opt 2

FY24

Opt 3

FY25

Opt 4

FY26

Total

SCN $91,182 $91,182 $91,182 $91,182 $91,182 $455,910

4. Statutory Authority Permitting Other Than Full and Open

Competition

NCH 53.6-2

J&A Number: NSWC-PHD-JA-22-85

10 U.S.C. 2304(c)(1) as implemented by the Federal Acquisition Regulation (FAR) 6.302-1, Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements.

5. Rationale Justifying Use of Cited Statutory Authority

The NATO Launcher Control (PN 2890710-2) is a direct replacement, specifically listed onboard Allowance Parts Lists (APL), Technical Data Package (TDP) and supported by Naval Education and Training curriculum. The NATO Launcher Control is compatible in all aspects (form, fit, function) with existing systems presently and completed First Article Tested (FAT) in fiscal year 2021 with an approved Engineering Change Request (ECP). The NATO Launcher Control was intentionally designed utilizing NAVSEA drawing 2890710- 2 parts list for logistics support and tested to the MK 109 MOD 0 Deck Station Launcher Control Technical Repair Standard No. 1440-2890709-1.

Edel Engineering Development Corporation’s (“Edel”) Launcher Control is the only Launcher Control that has been functionally tested to meet our requirements. Furthermore, Edel’s NATO Launcher Control (MFR PN 21A4300) is proprietary to Edel Engineering Development Corporation as identified on Edel vendor item specification control drawing 21A4300 REV A. Edel is the original manufacturer and does not allow or authorize any third party distributors to resell its product.

Since Edel’s NATO Launcher Control is the only Launcher Control that has been tested to meet our requirements, the use of another vendor would require additional testing causing a substantial duplication of cost of approximately $100,000 that is not expected to be recovered through competition. The use of another vendor would also result in an unreasonable delay of at least 400 hours that would jeopardize US Naval ship installation schedules. These estimates are based off the First Article Test (FAT) and verification of the current Edel NATO Launcher Control.

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

CESPON.GENE Digitally signed by

LEO.R.II.150203022 CESPON.GENE

LEO.R.II.1502030228

Date: 2022.07.05 11:40:53 -04'00'

Requirement Generator performed market research and received one response from Edel Engineering Development Corporation the original manufacturer (OEM).

7. Determination of Fair and Reasonable Costs

The Contracting Officer has determined that the anticipated cost to the Government for the supplies/services covered by the J&A will be fair and reasonable. Code S32 purchased these controllers from Edel Engineering in FY21 for 14,950.10 each for a Qty of 7 for a total of 104,650.70, so by comparison, the price of $93,044.00 for a Qty of 7 is reasonable.

8. Actions to Remove Barriers to Competition

NSWC PHD Contracts Office will continue to conduct market research as warranted to provide a broader vendor base as applicable for the types of supplies/services covered by this document. If another potential source emerges, NSWC PHD 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 are complete and accurate to the best of my knowledge and belief.

TECHNICAL COGNIZANCE:

Gene Leo Cespon, Mechanical Engineer, Code S32, 757-887-4320 Date

LEGAL SUFFICIENCY REVIEW (NMCARS 5206.303(90))

I have determined this justification is legally sufficient.

SURANE.JULIANNE.

MARIE.1522887796

Digitally signed by

SURANE.JULIANNE.MARIE.1522887796

Date: 2022.07.01 15:01:39 -07'00'

Julianne Surane, Assistant Legal Counsel. Code 00L 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.

Arthur Wynn, Contracting Officer, Code 0271, 805-607-8469 Date

WYNN.ARTHUR. Digitally signed by

WYNN.ARTHUR.P.JR.108048087

P.JR.1080480870 0

Date: 2022.07.05 08:51:16 -07'00'