23Q0118_NONCOMP_REDACTED.pdf

CUI

N REPLY REFER TO:

J&A Number: CR-23195

Code: 0234

P.R. TBD

JUSTIFICATION AND APPROVAL

FOR USE OF OTHER THAN FULL AND OPEN COMPETITION

1. Contracting Activity.

Naval Sea Systems Command (NAVSEA) Naval Surface Warfare Center, Crane Division (NSWC-CR), Crane Contracts Division (0234)

2. Description of the Action Being Approved.

Award of a four year Indefinite Delivery Indefinite Quantity contract on a sole source basis for paid repairs, training and spare parts for sustainment of the Stiletto Heavy Duty telescoping mast in support of the United States Marine Corps Ground-Based Operational Surveillance System (G-BOSS) program to The Wil-Burt company, 312 Collins Blvd, Orville, OH 44667-9727 (Cage Code 97246). The contemplated contract is a follow-on effort to the Original Equipment Manufacturer (OEM) to sustain currently fielded systems and will not be utilized for platforms other than the Stiletto HD telescoping mast. In accordance with 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/Services.

The supplies and services required by this contract are for procurement of spare parts and sustainment repairs of the Stiletto masts that were manufactured by The Wil-Burt Company, and are already in use in the field. The Government has previously procured a quantity of ninety four Stiletto masts which are in use to support G-BOSS systems.

The Stiletto HD mast, part number 711991092 are inclusive of the camera and the remote control enclosure. The Stiletto mast is a glass fiber telescoping section mast with an extended height of ten meters and a nested height of one and a half meters. It has an electric motor driven screw drive with locking sections. The device is mounted to a towable trailer and has camera and radar sensors mounted to it. It is extended to be able to surveil over obstructions and to extend the surveillance range in theater for detection and risk assessment of improvised explosive devices (IEDs) and other insurgent threats to ground-based troops engaged in major combat operations, irregular warfare, military support of stability, security, transition and reconstruction activities, and homeland defense and civil support operations.

DEPARTMENT OF THE NAVY

CRANE DIVISION

NAVAL SURFACE WARFARE CENTER

300 HIGHWAY 361

CRANE INDIANA 47522-5001

The Government’s minimum needs and schedule requirements have been verified as complete and accurate by the certifying technical and requirements personnel. The estimated value of the J&A is $450,000.00. The funds to be utilized for the supplies on this contract will be O&M annual appropriations.

Year Account Total

FY23-27

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

10 U.S.C. 3204(a)(1) Only one responsible source and no other supplies or services will satisfy agency requirements as implemented by FAR 6.302-1(a)(2)(ii)(A).

5. Rationale Justifying Use of Cited Statutory Authority.

The Government owns Wil-Burt Stiletto masts that are part of the G-BOSS Medium infrastructure which raise and lower the surveillance sensors. The mast undergoes annual safety related preventative maintenance due to use in harsh environmental conditions and OEM recommended refurbishment after 500 duty cycles. The vendor offers training to allow customers to complete the refurbishment organically. This contract will allow for the government to receive the maintenance training and to procure direct replacement parts to complete the annual preventative maintenance and refurbishment activities. Annual Maintenance and refurbishment must be conducted with direct replacement parts to ensure proper and safe operation of the mast. The contract will allow for procurement of the direct replacement parts and for proper maintenance training.

Training and spare parts of the Stiletto mast from any source other than the OEM is not possible due to The Wil-Burt Company’s proprietary data for their Stiletto mast. The Government does not own the proprietary design specifications or drawings and associated documents adequate to allow for competition. The Wil-Burt Company would not agree to license or sell its proprietary data to the Government or any other company.

The items being requested under this justification are in direct support of the sustainment and repair of the Stiletto mast that is a key part of the infrastructure of the G-BOSS Medium system that has been deployed in theater, global military operations and Home Land Security operations.

To use an alternate product would require completion of hardware re-design, testing, increase training complexity, and logistics documentation all creating schedule slippage to support multiple mast systems on the G-BOSS Medium Variant. The development and sustainment of another source would be impracticable at this time due to required support of currently fielded systems.

If not awarded on a sole source basis to The Wil-Burt Company the impact to the Government would result in untimely support of fielded systems and replacement spares for operational units which fail. This would result in failure of various systems for intelligence, surveillance, reconnaissance, and assessment of threats and situational awareness. Failure of this mission will place personnel at risk of loss of life from improvised explosive devices and other insurgent devices and activities in major combat operations, irregular warfare, military support of stability, security, transition, and reconstruction, and homeland defense and civil support operations. It is imperative in order to support fielded systems that repair of the Stiletto masts are available as required.

Estimates for the time required to pursue the path forward of an alternative solution from another vendor would be at least 15 months. The current Government requirements do not allow a 15 month delay for another source to be tested and field a different system.

NSWC-CR requiring technical authority, based on knowledge of the industryand production quantity required to support the program, estimates the cost to develop the alternate solution would be at least .

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

A Request for Information (RFI) was posted to the System for Award Management website on 10 April 2023 soliciting possible sources for the repairs, training and spare parts for sustainment of the Stiletto Heavy Duty telescoping mast. The RFI closed on 24 April 2024 and no responses were received.

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 has no plans at this time to compete future contracts for the types of supplies/services covered by this document however, as noted above, this action covers requirements while a competitive action for future requirements is executed.

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.

Technical Cognizance:

Signature James Lynch Phone No. Date

Requirements Cognizance:

Signature Mitchell Haag Phone No. Date

LEGAL SUFFICIENCY REVIEW

I have determined this Justification is legally sufficient

Signature Michael Stultz Phone No. Date

CONTRACTING OFFICER CERTIFICATION

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

SEE BELOW

Signature Andrew Ficklin Phone No. Date

APPROVAL

Upon the basis of the above justification, I hereby approve, as the Competition Advocate, 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

7/25/23FICKLIN.ANDREW.BRENT.1288918500 Digitally signed by FICKLIN.ANDREW.BRENT.1288918500 Date: 2023.07.25 13:25:49 -04'00'