Attachment 1 Redacted Justification and Approval.pdf

JUSTIFICATION AND APPROVAL

FOR USE OF OTHER THAN FULL AND OPEN COMPETITION

UNDER FAR 13.5, SIMPLIFIED PROCEDURES FOR

CERTAIN COMMERCIAL ITEMS

JUSTIFICATION

1. Contracting Activity

The Naval Sea Systems Command, Naval Undersea Warfare Center Division, Code 02, Newport, RI.

2. Description of the Action Being Approved

Award of a five-year Indefinite Delivery/Indefinite Quantity (IDIQ) contract with firm-fixed-price (FFP) provisions for Global Positioning System (GPS) Controlled Reception Pattern Antennas (CRPAs) on a brand name basis, no substitutions allowed. The brand name CRPAs are BAE Systems, Inc.

[hereafter referred to as “BAE”] and Mayflower Communications Company, Inc. [hereafter referred to as “Mayflower”] This requirement is in support of NUWCDIVNPT Code 34, as the OE-538/BRC Multifunction Masts (MFMs) Designated Overhaul Point (DOP).

3. Description of Supplies/Services

NUWCDIVNPT Code 34 has a requirement to sustain OE-538/BRC MFMs for the U.S. Fleet through inspection and replacement of CRPAs. The CRPAs are sub-components of the OE-538/BRC MFM. The CRPAs are part of an eight (8) element, null steering, anti-jamming system that is integrated into the

OE-538B/BRC MFM.

The estimated dollar value of this procurement is as shown below:

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

In accordance with 41 U.S.C. 1901, as implemented in Federal Acquisition Regulation (FAR) 13.501(a)(1)(ii): Limited Number of Responsible Sources and No Other Type of Supplies or Services will Satisfy Agency Requirements.

5. Rationale Justifying Use of Cited Statutory Authority

NUWCDIVNPT is the Navy’s principal development activity for submarine electromagnetic and communications systems.

NUWCDIVNPT’s Undersea Warfare (USW) Electromagnetic Systems Department (Code 34) is the DOP and In-Service Engineering Agent (ISEA) for all variants of the OE-538 system.

NUWCDIVNPT Code 34 is designated as the DOP and ISEA by the Participating Acquisition Resource Manager (PARM), Naval Information Warfare Systems Command (NAVWAR) PMW770, Submarine Communications and Integration, as documented in the “NAVWAR DOP Depot Source of Repair Certification/Assignment”, dated 01 October 2020.

NUWCDIVNPT Code 34 is the sole repair facility designated to perform depot level repairs on OE-538 MFMs. In order to meet Fleet demands, NUWCDIVNPT Code 34 requires the delivery of CRPAs to support repairs of OE-538B systems.

The OE-538B is the latest variant of the OE-538 family of systems, and was developed under contract to Lockheed Martin Sippican (hereafter referred to as “LM”).

During development, LM selected Mayflower Communications to provide the GPS Anti-Jam sub-system, which consists of both a CRPA, manufactured by BAE, and an Antenna Electronics (AE) module. LM selected these two (2) parts as a set, and then integrated them into the OE-538B system. The CRPA design is proprietary to BAE and the Government does not possess drawings or data rights to the CRPA. Further, the BAE CRPA is the only part that is interoperable with Mayflower’s AE and, therefore, is the only part that can be used to repair OE-538B systems returned from the Fleet.

In order to develop and certify a second source of supply for the CRPA, the PARM (PMW 770) would have to certify a prospective CRPA to ensure all of the functional, performance, and environmental requirements of the OE-538B

MFM are satisfied. The table below identifies the tasks, schedule, and estimated cost that would be required:

As shown in the table above, the total cost to certify an alternate source for these units is approximately and would take approximately to complete. The above estimate does not take into account any additional interfaces inside of the OE-538B MFM that may require modification as a result of the new CRPA and/or the long term supply and logistics costs associated with supporting different variants of CRPAs in the Fleet.

Based on the above, it is in the Government’s best interest to procure CRPAs on a brand name basis, no substitutions, to prevent unacceptable delays and substantial duplication of costs in providing the required CRPAs.

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

Offerors as Practicable

Market research was conducted and it was determined that the required CRPAs are available directly from BAE, the CRPA OEM, and also from Mayflower, BAE’s authorized reseller.

Additionally, the proposed contract action was synopsized on the System for Award Management (SAM) website on 24 March 2022 in accordance with FAR 5.2. The synopsis stated the intention of NUWCDIVNPT to award a contract on a brand name basis, no substitutions. The synopsis stated that all responsible sources could submit a capability statement for consideration by the Government.

To date, no responses have been received. However, if a responsible source submits a capability statement for consideration by the Government through the date of contract award, it will be brought to the attention of the J&A approval authority.

No additional market research was conducted because it is not practicable, for the reasons discussed in Section 5 above, for any company other than BAE or its reseller to provide the required CRPAs.

7. Determination of Fair and Reasonable Costs

The Contracting Officer will use a series of techniques to determine a fair and reasonable price for the supplies covered by this J&A. Examples include: review of substantiating information, regression analysis, as well as, historical price analysis. DCMA pricing assistance and/or DCAA audit of contractor's proposal will be requested, if needed, to support the fair and reasonable cost and price determination. Similar quantities of this requirement have been purchased from BAE’s reseller in the past and cost and pricing information was received on those past procurements.

8. Actions to Remove Barriers to Competition

If future acquisition of the GPS CRPAs is required, the information contained in Section 5 will be revisited and validated to confirm the brand name requirement still exists. The Government will consider soliciting this requirement on a full and open basis should BAE no longer possess the proprietary data rights or a second source of supply is certified. Currently, the Government’s requirement for the GPS CRPAs cannot be fulfilled by another manufacturer’s product. As such, it is anticipated that NUWCDIVNPT Code 34 will continue to contract for these parts on a brand name basis to support the Fleet until these units reach end of life.

CERTIFICATIONS AND APPROVAL

CONTRACTING NEGOTIATOR IDENTIFICATION:

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.

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

APPROVAL BLOCK (FAR 13.501(a)(2) for Approving Official) Upon the basis of the above justification, I hereby approve, as Advocate of Competition for the Field Procurement Office, the solicitation of the proposed procurement(s) described herein using other than full and open competition, pursuant to the authority of 41 U.S.C. 1901