22Q0163_NONCOMP REDACTED.pdf

CUI

IN REPLY REFER TO:

J&A Number: CR-22195 Code: 0234

P.R. TBD

JUSTIFICATION AND APPROVAL

FOR USE OF OTHER THAN FULL AND OPEN COMPETITION

1. Contracting Activity.

The Naval Sea Systems Command (NAVSEA) Naval Surface Warfare Center, Crane Division (NSWC Crane), Expeditionary Simplified Acquisition Contracting Branch (0234)

2. Description of the Action Being Approved.

Award of a firm fixed priced contract on a sole source basis for the direct procurement of a quantity of 360 (or greatest quantity available up to 360) MHz Lower-Power Intel Pentium Processor (part number GC80503CS166EXT) on a Brand Name basis in support of the MK38 Gun Weapon System (GWS) from Intel Corporation (and distributors), 2200 Mission College Blvd. Santa Clara, CA 95054-1549 USA. This action will utilize Federal Acquisition Regulation subpart 13.5 for the use of Simplified Procedures for certain commercial items. The ordering period for supplies will be a one-time procurement.

3. Description of Supplies/Services.

These processors are used in the MK38 Toplite Electro Optic Sight (EOS), which is the sighting system of the MK38 GWS. The MK38 GWS is used on a variety of United States Navy and Coast Guard ships for identifying, tracking, and engaging targets. The Toplite EOS provides visible, infrared (IR), and laser range finding (LRF), identification and tracking capabilities. This processor is used in the MK48 MOD0 & MK48 MOD1 (a.k.a.

Toplite 2 & 2P) EOS, which is the sighting system of the MK38 GWS.

The required processor has been identified as obsolete with available quantities diminishing. This action will serve as an end of life procurement for the MHz Lower- Power Intel Pentium Processor (part number GC80503CS166EXT) which has been utilized in the in the Toplite EOS since its inception 16 years ago. This action will procure the quantity required to fulfill the Toplite EOS fielding expectancy for another 15-20 years, at which point the Government expects to have competed and replaced the Toplite EOS. If the Government is unable to procure the required quantity of 360, it will procure as many as possible. If unable to procure all 360, this will then drive the Government to replace this Windows-based processor with a Linux-based one or begin to drive to the replacement sooner much sooner than intended. Either path comes with significant cost, which is detailed in paragraph 5.

The technical activity utilized the cost of prior procurements

DEPARTMENT OF THE NAVY

CRANE DIVISION

NAVAL SURFACE WARFARE CENTER

300 HIGHWAY 361

CRANE INDIANA 47522-5001

J&A Number: CR-22195 and current budgetary estimates to derive the current estimated value. The Government�s minimum needs have been verified by the certifying technical and requirements personnel.

4. Statutory Authority Permitting Other Than Full and Open Competition.

10 U.S.C. 2304(c)(1)Only one responsible source and no other supplies or services will satisfy agency requirements as implemented by FAR 6.302-1(c).

5. Rationale Justifying Use of Cited Statutory Authority.

Pursuant to 10 U.S.C. 2304(c)(1), only one responsible source and no other supplies or services will satisfy agency requirements and the use of the brand name description is essential to the Government�s requirements, thereby precluding consideration of a product manufactured by another company. Only Intel Pentium Processors meet the Government�s requirements without unacceptable delays or the incurrence of substantial duplication of costs.

The requirements need for the brand name processors is necessary in order to maintain the essential engineering capability of the Toplite EOS.

Based on the technical cognizance�s experience of the MK38 GWS, the process of creating, validating, and approving alternate processors would incur an increase to the project by an additional two years.

Rafael Advanced Defense Systems Ltd. (Rafael) is the manufacturer of the Toplite EOS, which is also called the MK48 MOD0 and MOD1. Although Rafael is not the manufacturer of the MK38 GWS, the Toplite EOS is a part of the MK38 GWS System and Rafael is the only source with the technical expertise to provide a change to the current design which currently incorporates the aforementioned Intel Pentium processors. A change of the current processor would involve the technical activity conducting discussions with Rafael regarding acceptability of an alternate processor in regards to performance, mechanical, and electrical requirements, as well as development of requirement documentation. The requirements documents, reviews of requirements with alternate vendors, and concurrences of any acceptable proposed modifications to the requirements in using an alternate processor is estimated at 720 labor hours in requirement documentation.

The testing of alternate processors by possible vendors to validate performance to requirements and anti-counterfeit testing by Crane is estimated at 780 hours in performance testing and evaluation. This performance testing and evaluation also includes acceptance testing by Rafael, documentation of said testing, and comparing results by all possible vendors. The change of processor would need to be recorded in all program documents, such as test procedures, bill of materials, and purchasing documentation, by both Rafael and NSWC Crane. This type of documentation would require an estimated 480 hours in program documentation.

The process of acquisition of alternate sources would also entail the time for procurement documentation and processing. This acquisition process would account for an estimated 240 labor hours. In addition, there would be approximately 640 labor hours for contract award, vendor verification, negotiation of price, delivery and other terms and conditions.

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

A Request for Information (RFI)/Sources Sought was posted on the System for Award Management website on 14 March 2022, in accordance with FAR 15.201, exchanges with industry before receipt of proposals. The posted RFI / Sources Sought announcement, which closed on 25 March 2022, yielded no responses.

7. Determination of Fair and Reasonable Cost.

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.

8. Actions to Remove Barriers to Future Competition.

For the reasons set forth in Paragraph 5, NSWC Crane Code 0234 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, NSWC Crane Code 0234 will assess whether competition for future requirements is feasible.

CERTIFICATIONS AND APPROVAL

TECHNICAL/REQUIREMENTS CERTIFICATION

I certify that the facts and representations under my cognizance which are included in this Justification and its supporting acquisition planning documents, except as noted herein are complete and accurate to the best of my knowledge and belief.

LEGAL SUFFICIENCY REVIEW

I have determined this Justification is legally sufficient.

CONTRACTING OFFICER CERTIFICATION

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

SEE APPROVAL BLOCK

Signature Andrew Ficklin Phone No. Date

CONTRACTING OFFICER APPROVAL

Upon the basis of the above justification, I hereby approve, as , 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).

Andrew Ficklin Date