23-SIMACQ-D30-0005_JA-REDACTED_GFK.pdf

NCH 53.6-2

J&A HUE:

Code: D35

P.R. Number:

JUSTIFICATION AND APPROVAL

FOR USE OF OTHER THAN FULL AND OPEN COMPETITION

1. Contracting Activity

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

2. Description of the Action Being Approved

NSWC PHD intends to award a sole source firm-fixed price contract for Flat Panel Displays (FPD), Part Number K3949205, Model Number FD-361 to ScioTeq LLC.

3. Description of Supplies/Services

This contract will provide FPDs required to build the AN/SWG-5(V)6 Tomahawk Tactical Weapons Controls System (TTWCS) Advanced Tactical Display Console (ATDC).

The estimated value of the requirement is $7,140,441. This requirement will be funded with Shipbuilding and Conversion, Navy (SCN) and Operation, Procurement, Navy (OPN), Research, Development(RDT&E), and Foreign Military Sales (FMS).

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

4. Statutory Authority Permitting Other Than Full and Open Competition

10 U.S.C. 3204(a)(1) and 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 Navy has a critical need for a viability refresh of the Tactical Tomahawk Weapon Control System (TTWCS) AN/SWG-5(V)2, AN/SWG-5(V)3 and AN/SWG-5(V)4 systems due to current military threats and obsolescence issues. The AN/SWG-5(V)6 not only addresses obsolescence risks, but improves the operability and maintainability of the TTWCS hardware to ensure operational readiness of strike capabilities for the U.S. Navy and stakeholders.

The AN/SWG-5(V)6 TTWCS ATDC is a major component of the TTWCS system; the assembly is built per the specifications in drawing number 8749600.

All fielded weapon systems installed on a United States Navy ship must first pass Environmental Qualification Testing (EQT) in accordance with the system’s Operational Requirements Document (ORD). Once passed, the specifications and configuration of components are included in the drawing and the fielded weapon system must be assembled to those drawing specifications without variation. In this case, the FPD (Item 5, Part number 8749341) manufactured by ScioTeq, LLC (MFG Part Number K9349205, Model FD-361) passed EQT in accordance with the system’s ORD and is therefore specifically identified in drawing number 8749600 as a primary component of the assembly. No other FPD has passed EQT and the technical drawings do not include an alternate part number for use in the AN/SWG-5(V)6 TTWCS ATDC assembly.

Since ScioTeq, LLC is the sole manufacturer of the FPD K9349205, Model FD-361, holds proprietary rights to the design of FPD K9349205, and does not have any authorized third-party distributors or resellers, ScioTeq, LLC is the only source that can meet NSWC PHD’s needs. If NSWC PHD were to use a different source, it would incur a substantial duplication of cost of approximately $300,000 that is not expected to be recovered through competition

J&A Number:

NSWC-PHD-J&A-23-79

and an unreasonable delay of approximately 1 year. Such costs and delay would negatively affect operational availability and mission readiness of the TTWCS onboard U.S. Navy ships. These estimates are derived from the costs and time requirements from the initial EQT testing; this estimate includes the costs for labor, travel, non-recoverable materials, test plan development, and analysis of results.

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

Market research was conducted to verify that no other company offered the qualified FPD (K9349205, Model FD- 361). Versa Technology, Innovative Solutions and Support, Optoma USA, and ScioTeq, LLC were contacted. Versa Technology and Innovative Solutions and Support confirmed they do not offer the qualified FPD. Optoma provided no response. ScioTeq confirmed there are no authorized distributors for direct sales of military related displays and computers in North America. Additional market research was conducted through AbilityOne, DOD ESI, GSA Advantage, and Unicor; none of the aforementioned required sources of supplies or services have the capabilities to satisfy the technical and custom nature of this requirement.

No additional market research was conducted because it is not practicable, for the reasons set forth in paragraph 5, for any company other than ScioTeq, LLC to provide the required FPD.

7. Determination of Fair and Reasonable Costs

The Contracting Officer has determined the anticipated cost to the Government for the supplies covered by the J&A will be fair and reasonable. The fair and reasonableness of the cost will be based on FAR 13.106-3(a)(2)(iii) Current price lists, catalogs, or advertisements and FAR 13.106-3(a)(2)(iv) A comparison with similar items in a related industry.

8. Actions to Remove Barriers to Competition

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

J&A Number:

NSWC-PHD-J&A-23-79

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. ______, except as noted herein, are complete and accurate to the best of my knowledge and belief.

COMBINED TECHNICAL AND REQUIREMENTS COGNIZANCE:

Rey N. Jordan, Code D35 Date

LEGAL SUFFICIENCY REVIEW (NMCARS 5206.303(90))

Julianne Surane, Code 00L Date

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

Gary Kramer, Code 0271 Date

APPROVAL BLOCK (FAR 6.304 for Approving Official):

Upon the basis of the above justification, I hereby approve, as (Senior Procurement Executive of the Navy, Designee of the Head of the Procuring Activity, Contracting Officer, as appropriate) 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).

CHIEF OF CONTRACTING OFFICE:

Michael D. Thompson, Chief of Contracting Office, Code 02 Date